This Article is From Feb 24, 2012

US court recommends $1.5 mn for Indian diplomat's maid

Neena Malhotra

New York: A magistrate in New York has recommended that India born Shanti Gurung, who worked as a domestic help for Neena Malhotra, a former Consul at the Indian Consulate in New York, be awarded $1.5 million for what the court records call "barbaric treatment" at the hands of her employer.

The proposed award includes USD 500,000 for the "emotional distress" inflicted on Shanti Gurung by Neena Malhotra and her husband Jogesh, The New York Post said.

The Malhotras clearly induced their ex-maid to "work without pay by seizing her passport and visa, restricting her ability to leave their apartment, and constantly warning her that if she travelled on her own without their permission, she would be arrested, beaten, raped and sent back to India as 'cargo'," Manhattan federal Magistrate Judge Frank Maas was quoted as having written in his recommendation.

His recommendations are subject to approval by Judge Victor Marrero, who is overseeing the case, the daily said.

Last year, Marrero granted Ms Gurung a default judgement against the Malhotras, who returned to India before they could be served with their ex-maid's suit that was filed in 2010, the report said.

The External Affairs Ministry in New Delhi had then said the media reports containing allegations against the senior diplomat "do not appear to be in conformity with facts".

The Malhotras are currently in India. Neena Malhotra is still a serving Indian Foreign Service (IFS) officer.

Speaking to NDTV, Ms Gurung's lawyer said this was a significant development in his client's fight for justice.

"We plan to go after the assets of both Mr and Mrs Malhotra. We intend to begin the process of tracking down the Malhotras' assets immediately. We hope Indian government will finally do the right thing. So far they have not. We hope they will put pressure on the Malhotras to make the appropriate compensation to Shanti Gurung It is very disturbing that they will not take the matter more seriously," Mr. Mitchell Alan Karlan said.

In all likelihood, the ruling is expected to be upheld by the overseeing judge in the next hearing scheduled for two weeks from now, especially since neither of the Malhotras have attended any court hearings so far, say sources. Once the recommendation is upheld by the supervising judge, it will become a judgment. (With PTI Inputs)


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