Adhikaar, meaning rights in Nepali, is a New York-based non-profit organization working with Nepali communities to promote human rights and social justice for all.
 
Feb
23
2012

VICTORY AT LAST: JUDGE RECOMMENDS TRAFFICKED DOMESTIC WORKER IS OWED $1.5 MILLION!

FOR IMMEDIATE RELEASE

CONTACT: Luna Ranjit, 917.656.7442luna@adhikaar.org

VICTORY AT LAST: JUDGE RECOMMENDS TRAFFICKED DOMESTIC WORKER IS OWED $1.5 MILLION!

Woodside, NY - On February 22, 2012, Magistrate Judge Frank Maas ruled that Adhikaar member Shanti Gurung was owed close to $1.5 million by her former employers Neena and Jogesh Malhotra who trafficked her from India to New York.  

Shanti Gurung was 17 years old in 2006 when the Malhotras brought her to New York with the promise of paying 5,000 Indian rupees (approx. $100) per month to do light cooking and few chores. Instead, she regularly worked 16 hours each day, and worked longer when there were parties. She cooked, cleaned, did laundry and grocery shopping, and gave massages. At the end of her long day's work, she had to sleep on the living room floor, even though there were empty bedrooms in the apartment. For more than three years of work, Shanti received only a one-time payment of 5,500 rupees (less than $120), and small tips from the Malhotra's guests during parties. The Malhotras confiscated her passport and told her that if she tried to go anywhere by herself, the police would beat her, rape her and send her back to India.  In 2009, Shanti finally gained courage to leave, and eventually came to Adhikaar. With support from Adhikaar, Shanti met her lawyers at the Urban Justice Center and Gibson, Dunn & Crutcher LLP, and also slowly put her life back together. Shanti wants to go to school and become a human rights activist so that no one else has to suffer like her. 

Although Judge Maas' recommendations are subject to approval by Judge Marrero, who is overseeing the case, we believe it is a big victory for domestic workers everywhere. As Adhikaar's Senior Community Organizer Narbada Chhetri put it, "I am very happy because this is a validation of Shanti's story and her struggle - and that of many more sisters who are trafficked and face inhumane forms of labor exploitation. We have proven that if we speak up about our rights, we can get justice!"

Unfortunately, Shanti's case is not unique - this modern day slavery continues in our midst. Trafficked workers, particularly women domestic workers, are forced to toil for slave wages with extremely long hours, no days off, fraudulent and false promises, and coercion, including passport theft and threats of deportation. The lack of fair labor standards and regulations, society's low regard for women's work, and the isolation of these women workers in the privacy of employers' homes all contribute to the extreme exploitation of trafficked domestic workers. "There are 2.5 million domestic workers caring for families in this country, thousands of them, like Shanti, have survived trafficking." said Ai-jen Poo, Director of the National Domestic Workers Alliance, "This is a victory for the entire workforce, and Shanti is a courageous example of a worker who asserted her dignity and won." 

Established in 2005, Adhikaar organizes Nepali-speaking immigrants, and partners with domestic worker organizations and other social justice groups to end exploitation and ensure rights, respect, and dignity of all workers. In particular, Adhikaar has been working with DAMAYAN Migrant Workers Association to protect workers trafficked by diplomats and consular officers, and hold traffickers accountable. Together, we have called on Secretary Hilary Clinton to waive immunity in case of trafficking, and enforce Section 203 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. We hope Shanti's story will serve as a reminder to Secretary Clinton about how pervasive labor trafficking is and inspire her to enforce the existing provisions to protect the trafficked workers. 

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