Raj Kumar Makkad (Adv P & H High Court Chandigarh) 19 March 2012

Court bars indian maid from pursuing case in us

The Delhi High Court has restrained an Indian domestic help, awarded nearly $1.5 million relief for alleged “ill-treatment” by an Indian consulate employee in the US, from pursuing her case in a New York court till further orders.

The court’s interim order came in response to a petition filed by the central government seeking to restrain domestic help Shanti Gurung from pursuing her case in the US.

Justice Kailash Gambhir said the whole concept of anti-suit injunction would be defeated if the foreign court was allowed to decide the issue at this stage.

“An Indian diplomat enjoys sovereign immunity and any order passed by the court of the US would tantamount to interfering in the rights of the government of India to determine the terms and conditions of the employment of its diplomatic officers posted abroad,” the court said.

A New York judge last month had recommended that Gurung deserved nearly $1.5 million for her “barbaric treatment” by Neena Malhotra, who in 2006 served as press counsellor at the Indian consulate in the US, and her husband Jogesh.

Gurung in her complaint in the US alleged that Malhotra made her work without pay, seized her passport and visa, restricted her ability to leave her apartment and constantly warned her that if she travelled on her own, without their permission, she would be arrested, beaten and raped.

Justice Gambhir asked the government to establish personal contact with Gurung through its diplomatic channels to ascertain the veracity of the allegations made by her before the next date of hearing.

If Shanti Gurung has been a victim of any barbaric conduct, as held by the US court, at the hands of the Neena Malhotra, then the central Government has the prime responsibility of taking care of her rights as well, she also being an Indian citizen, the court said.

The government March 12 approached the court seeking directions to restrain Gurung from pursuing the case in the New York court. It also sought the court to direct Gurung to withdraw the complaint.

The court would next hear the matter May 3.

Reply Follow

5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 21 March 2012

I agree with the reasoning.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 21 March 2012

US is arrogant and tries to exert all kinds of influence on other governments for not taking action on US citizens charged with crime in other countries.

If the Indian diplomat returns to India without paying the awarded relief, what will the US Government do?

bhima balla (none) 24 March 2012

This is a good case. Indian diplomatic immunity vs US labour laws! The question is : Are domestic helps etc of Indian consulate staff under diplomatic protection? One way to look at it would be on what visa this lady was on whe she arrived in US. If she was on employment based visa-she should be theoretically under US labour laws. If she was on visa given for diplomatic staff etc then she should have the immunity. Those are my thoughts. If she was on non diplomatic visa US labour laws should apply. If she was on visa other than diplomatic or work permit then it would be violation of US visa rules and hence US can take action on that front against the consulate staff. The fact is GOI waited until the court passed the interim orders before swinging into action.

There was another case where the inlaws were charged and convicted for abusing their daughter in law! Wonder how a domestic abuse be prosecuted under labour laws? I think there are also cultural gaps that need to be bridged as well. Usually there is more than what bits and pieces media puts out!

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 25 March 2012

Diplomatic protection is different from diplomatic immunity. The question here is that of diplomatic immunity of the Indian Embassy official who was the employer and not that of the maid. The question can be raised what if the maid was a US citizen. I do not know the answer.

In India US embassy and consulate staffs employ Indian citizens as domestic helps. What will happen if such domestic help complained of ill-treatment to Indian law authorities? Frankly here also I do not know. Does anyone else in this Forum know?

There is another serious case concerning Indian citizens, though not Indian diplomats. In Norway very small children of an Indian couple, the Bhattacharya’s, have been compulsorily taken away from them by a child care centre. The alleged reason was that the children were not looked after properly by their parents. Specifically it was stated that one of the children was hand-fed and the other slept in the same bed along with father. This is actually child care with a vengeance. The Bhattacharya’s themselves were born and brought up in India. They would have been brought up in the same manner as they brought up their own children in Norway or worse. I would imagine that in Norway the Bhattacharya’s would have been at least using diapers for their children. In India they would not have had even that privilege. Now I ask, is an average Norwegian adult better than the Bhattacharya’s in any respect? I can say not at all, not even the above average Norwegians could compete with them.

The latest development is that the children are going to be retained in Norway only. The children, though small, are Indian citizens. Can they be compulsorily retained in Norway for no fault of theirs and for having committed no crime there? This is high handed indeed. What is the Indian Government doing? Barring Indira Gandhi all our Prime Ministers, right from Jawaharlal Nehru were spineless individuals. And Manmohan Singh is the worst. Would the Norwegians dare to treat a Chinese couple in a similar manner? It is not that Indian Government can’t do anything. It is said that when Rahul Gandhi was detained in the US, the then Prime Minister Vajpayee got him released. Are Indians like Rahul Gandhi more equal than other Indian nationals, in the eyes of Indian politicians or that of the Westerners?

(Guest)

Originally posted by :Dr. MPS RAMANI Ph.D.[Tech]
"	Diplomatic protection is different from diplomatic immunity. The question here is that of diplomatic immunity of the Indian Embassy official who was the employer and not that of the maid. The question can be raised what if the maid was a US citizen. I do not know the answer. In India US embassy and consulate staffs employ Indian citizens as domestic helps. What will happen if such domestic help complained of ill-treatment to Indian law authorities? Frankly here also I do not know. Does anyone else in this Forum know? There is another serious case concerning Indian citizens, though not Indian diplomats. In Norway very small children of an Indian couple, the Bhattacharya’s, have been compulsorily taken away from them by a child care centre. The alleged reason was that the children were not looked after properly by their parents. Specifically it was stated that one of the children was hand-fed and the other slept in the same bed along with father. This is actually child care with a vengeance. The Bhattacharya’s themselves were born and brought up in India. They would have been brought up in the same manner as they brought up their own children in Norway or worse. I would imagine that in Norway the Bhattacharya’s would have been at least using diapers for their children. In India they would not have had even that privilege. Now I ask, is an average Norwegian adult better than the Bhattacharya’s in any respect? I can say not at all, not even the above average Norwegians could compete with them. The latest development is that the children are going to be retained in Norway only. The children, though small, are Indian citizens. Can they be compulsorily retained in Norway for no fault of theirs and for having committed no crime there? This is high handed indeed. What is the Indian Government doing? Barring Indira Gandhi all our Prime Ministers, right from Jawaharlal Nehru were spineless individuals. And Manmohan Singh is the worst. Would the Norwegians dare to treat a Chinese couple in a similar manner? It is not that Indian Government can’t do anything. It is said that when Rahul Gandhi was detained in the US, the then Prime Minister Vajpayee got him released. Are Indians like Rahul Gandhi more equal than other Indian nationals, in the eyes of Indian politicians or that of the Westerners?	"