Why India has rejected an Australian court's ruling on ex-envoy's domestic help

The ruling of an Australian court has caused the Ministry of External Affairs (MEA) to see red. The MEA spokesperson, in fact, unequivocally, rejected the court’s ruling, saying that Australian authorities have no locus standi to adjudicate on matters concerning India-based service staff of its high commission. The matter pertains to former Indian high commissioner to Canberra Navdeep Singh Suri and his former domestic employee Seema Sherghill, who accused him of unfair working conditions. Let’s take a closer look at what has happened and how India has rejected the ruling. ‘False representations’ On Thursday (9 November), MEA spokesperson Arindam Bagchi rejected an Australian Federal Court’s ruling in the matter of former Indian high commissioner to Canberra Navdeep Singh Suri. Justice Elizabeth Raper of the federal court had order the former envoy to pay his ex-domestic employee over $136,000 (Rs 1.13 crore) in compensation after she accused him of unfair working conditions and exploitation. Bagchi said the Australian authorities do not have any locus standi to adjudicate on matters concerning India-based service staff of its high commission and called on Canberra to uphold its obligations under the Vienna Convention on Diplomatic Relations. The MEA spokesperson added that the staff had “wilfully deserted” her post in May 2016, day before her scheduled return to India and that she was holding an official passport and Australian diplomatic visa. He said New Delhi has repeatedly requested Australian authorities to locate and repatriate the staff member to India. Sherghill took Australian citizenship in 2021. “Her conduct and false representations give rise to suspicions that all this has been motivated by her desire to permanently stay in Australia, and in which she seems to have succeeded,” Bagchi was quoted as saying to news agency PTI. Furthermore, India has expressed concern by the court’s judgment. The MEA said that any grievance that she may have or had had to be suitably redressed only in India. The case The Australian court’s findings come after domestic employee Seema Sherghill complained of unfair working conditions at former Indian high commissioner to Canberra Navdeep Singh Suri’s residence. In her testimony, Sherghill stated that she had previously worked for Suri while he served as India’s ambassador to Egypt and moved to Australia in 2015 to work for him. However, she said, that it was a much different experience, as she was solely responsible for the upkeep of the eight-bedroom house. “I was responsible for doing everything,” Seema told ABC News, “When he and his wife were away, instead of my usual chores, Suri or his wife usually would ask me to make large batches of samosas and freeze them, or to clean the silverware. They would call and check up on me, to ensure that I was working.” Suri’s wife, according to Seema, was also “very demanding”. “She often nagged me to work harder, and said to me things such as, I was earning too much money,” she told ABC News. In May 2016, Seema left the house without taking any of her belongings. She then went homeless before contacting the Fair Work Ombudsman. She was then connected with the Salvation Army and obtained Australian citizenship in 2021. The court’s ruling People familiar with the case in New Delhi said it was an ex-parte proceeding in the Australian court and filing of the case by the employer was an “after-thought”. Despite the fact that Suri did not attend the court, Justice Elizabeth Raper allowed an order for the case to proceed in his absence and determined that the former India’s high commissioner to Australia violated four separate sections of the Fair Work Act. Justice Raper said “[Seema’s] employment conditions bore no resemblance to what one would expect under Australian law.” “Her passport was taken from her, she worked seven days a week, was never permitted to take leave, and was only allowed outside the house for brief periods a day when looking after Suri’s dog,” the judge said, reports ABC News. Apart from that, Justice Raper determined that Suri was unqualified to claim foreign state protection because Seema did not work for the High Commission itself, nor did he have diplomatic immunity, and the hiring of a domestic helper was not an official function of his post. Justice Elizabeth Raper of the federal court ordered Suri to pay Seema Sherghill more than $136,000 plus interest within 60 days, reports ABC News. With inputs from PTI