Devyani Khobragade in the past few days has become a well-known name among most Indians, who like to be updated about the various ongoing on the world platform. A hot topic of debate among the human and civil rights activists, the proponents of diplomatic rights, the Indian and the United States government as well as the media of the respective nations, and not to forget the innumerable so-called intellectuals in our country who consider it to be their birth-right to have an opinion on each and every matter, however inconsequential. Being a similar non-entity with the high-headedness of a self proclaimed genius, how could I have restrained myself from commenting of this issue for long; and true to myself, here I am to opinionate on this very prominent issue of dispute which has been hogging the limelight (with discussions and arguments ensuing on each and every news channel one turns to) through both print and visual media.
Though the majority would be well aware of the facts of the Devyani Khobragade case; it is nonetheless important that I state them once more for public convenience. An Indian Foreign Service (IFS) official of the 1999 batch; Ms. Devyani Khobragade had been functioning as Deputy Consul General in the Consulate General of India in New York. On 11th December 2013 she was arrested by the New York Police Department for committing visa fraud and providing false statements to the immigration office, in order to bring a woman of Indian citizenship, Sangeeta Richards to the US for her potential employment there as her household help. After the said arrest was made hue and cry was made (in India) about the manner of the arrest and the alleged strip-search which was conducted on the diplomat thereafter.
The aforesaid incident of Devyani Khobragade’s arrest caused colossal outburst at various places in India and even the Indian government went as far as asking the US government to issue an unconditional formal apology, removing the barricades from the US embassy, asking the details of the salaries of all domestic help, gardeners and other staff employed by US consulates in India and also blocking perks such as cheap alcohol and food imports, for embassy employees (a very tough and brave move on part of the otherwise silent and laid back Indian government on the mighty United States, if you ask me!).
The Indians have been blaming the United States for causing breach of diplomatic immunity provided to Ms. Khobragade and calling the action of the United States government ‘deplorable’ and even bringing the Dalit angle into the row, in the hope of garnering political support (courtesy:- Ms. Mayawati). The treatment of Ms. Khobragade has been linked with humiliating the nation and the belittling the nation’s pride and honour. The United States government on the other hand has maintained that the actions taken against Ms Khobragade were well within the ambit of their rights and in no way can be termed as violation of Vienna Convention on Consular Relations (VCCR) of 1963.
According to the United States, the Indian Diplomat in question was subject only to consular immunity and not the full fledged diplomatic immunity and hence the government was justified in taking action against her. Consular immunity offers protections similar to diplomatic immunity, but these protections are not as extensive and consular officers are not accorded absolute immunity from a host country’s criminal jurisdiction. They may be tried for certain local crimes upon action by a local court, and are immune from local jurisdiction only in cases directly relating to consular functions. The case of fraud in having the visa issued is an act obviously falling beyond what can be called consular functions, and speaking in accordance with the law, the US was nothing but justified in taking the matter in consideration and ordering Ms. Khobragade’s arrest.
Despite all action against her, Ms. Khobragade was allegedly accorded courtesies well beyond what other defendants, most of whom are American citizens, get. As per reports by the US media and official statements issued by US government Ms. Khobragde was not handcuffed or restrained and neither her phone was seized; in fact she was provided with the opportunity of contacting people she wanted to and was offered food. These considerations show that the VCCR was followed during the making of the arrest and that legally United States stands rationalized in its action.
Substantiating this fact further, is the Indian Government’s action of transferring Ms. Khobragade to India's Permanent Mission at the United Nations, so that she could become eligible for applying for complete diplomatic immunity under the Vienna Convention on Diplomatic Relations 1961. Though, it has to be realized that a new posting does not itself guarantee protection from acts done in the past but has to be ratified by the US government and in case it wants, immunity can be granted (as previously happened in the case of Saudi Prince Abdul Azeez). Another way of saving herself in front of Ms. Khobragade is going for an out of court settlement with the domestic help (Prabhu Dayal case).
This case has not only brought into light the question of immunity to the diplomats, but has also brought forth graver offences and matters of much more concern such as human rights and dignity of the not so well-of sections of the society (such as domestic helps), trafficking, mishandling and abuse of the powers provided by the virtue of their posts by bureaucrats and similar others. Allegedly it has been stated that Sangeeta Richards was paid less than the required minimum wages ($9.75/hour) for the work she did; in a country such as the US; which is very particular about the basic needs and rights of the people residing there. Also the act of committing visa fraud is akin to human trafficking, again a gross misconduct and violation of human rights.
What is deplorable in my view is not the action of the United States government, but the stand taken by our government in trying to protect Ms. Devyani Khobragade from bearing the brunt of her wrong doings. It is commendable and laudable on part of the United States government that they took this matter of trafficking, fraud and human rights violation with as much sincerity and effort. Instead of condemning the arrest and talking about the dignity of Ms. Khobragade, it is important to think about the numerous Sangeeta Richards who have to let go of their right to a dignified life every day, with the low salary paid to them, and the humiliating conditions they are subjected to. Even today, we in India have failed to provide justice to our domestic helps and more often than not they are treated worse than animals (with occasional incidents of signs stating servants, washermen, drivers not allowed put up on lifts); we can at the very least let a country which treats all its residents with equality, do so in peace.
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