A U.S. embassy security guard (L) and an Indian policeman stand in front of the main gate of the embassy as the bulldozer (unseen) removes the security barriers, in New Delhi December 17, 2013. PHOTO: REUTERS
Amid a growing row, New Delhi is taking a series of measures against US diplomats in the country after the arrest on Thursday in New York of deputy consular general, Devyani Khobragade.
India has denounced her arrest while she was dropping her children off at school as "humiliating."
She was detained for allegedly underpaying her domestic helper who is also an Indian national and for lying on the helper's visa application form.
State Department deputy spokeswoman Marie Harf admitted it was a "sensitive issue" but insisted it was a "separate and isolated incident" which should not "be tied together" and allowed to affect broader US-Indian ties.
As a consular official, Khobragade does not have full diplomatic immunity, but has consular immunity which "only applies to things done in the actual functions of one's job," Harf added.
Asked whether Khobragade was strip-searched, the US Marshals Service (USMS) replied "yes," adding that she "was subject to the same search procedures as other USMS arrestees held within the general prisoner population in the Southern District of New York."
It confirmed that Khobragade was also held in a cell with other female detainees, amid claims she had been detained with drug addicts.
"Absent a special risk or separation order, prisoners are typically placed in the general population," the Marshals statement said, adding she had been put in an "available and appropriate cell."
Harf confirmed that she had been arrested by the State Department's diplomatic security office, but had then been handed to the US Marshal Service which had been responsible for processing her case at the federal courthouse.
Khobragade was released on a bond the same day, and the Marshals said that after a review of her case they had found that the service had "handled Khobragade's intake and detention in accordance with USMS policy directives and protocols."
"Thus far all indications are that appropriate procedures were followed. But nonetheless... we understand this is a very sensitive issue, and we're continuing to review exactly what transpired," Harf told journalists Tuesday.
But the Indian government retaliated by ordering a range of measures including the return of identity cards for US consular officials that speed up travel into and through India, New Delhi foreign ministry sources said.
Indian security forces also removed barricades outside the US embassy in New Delhi, raising fears for the safety of personnel.
Harf urged the Indian government to uphold all its obligations to protect US diplomats in the country.
"Obviously the safety and security of our diplomats and consular officers in the field is a top priority. We'll continue to work with India to ensure that all of our diplomats and consular officers are being afforded full rights and protections," she said.
Harf also revealed that the State Department had written to the Indian embassy back in September to warn them "of allegations of abuse made by an Indian national against the deputy consular general of India in New York."
The case is the latest involving alleged mistreatment of domestic workers by wealthy Indian families. Many are poorly paid in India and rights groups regularly report cases of beating and other abuse.
"The United States and India enjoy a broad and deep friendship, and this isolated episode is not indicative of the close and mutually respectful ties we share," Harf said in an earlier statement.
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@jay: No, average Indian was incensed when our ex President and our defense minister was frisked.It is the Congress govt. that took no action. Very unfortunate.
India has decided to severly punish the Indian Diplomat ++++++++++++++++++++++++++++++++++++++++ She is being posted in iSLAMABAD!!!!!
Seems like USA mistook the Indian diplomat as Pakistan's
@Muslim Leaguer: Did America not claim diplomatic immunity for Raymond Davis after his infamous shootout in Pakistan? Did Raymond Davis not get away by paying money? Was it possible under US law? Americans have double standards.
Americans are a selfish and ruthless lot- we Indians have known it for the last 60 years. Remember, in 2005, New Orleans Police shot and killed unarmed members of a family when they were trying to flee from Cyclone Katarina. Their crime- they were black.
We have learnt to live with being disliked by Americans, being under sanctions from Americans and having brief honeymoon with them. We have survived, improved and got better.
sirs of India and Pakistan,
Did you not realize in both your comments that you both are being racists?
What are you talking about here? Which country does the USA respect more and which country has a bigger power to armtwist USA?
Would you be getting into the same puddle to arm wrestle in the dirt if the country was someone else other than USA?
Perhaps the reaction from the governments would also have been different.
Basically, don't you think you both are fighting for the love and affection of the USA, even though on the face of it you seem to be fighting about something else.
I think we need to understand that and leave that at that.
@ shiningindian Please explain how can there be diplomatic immunity in criminal cases? Can there still be diplomatic immunity if a diplomat violates a law (e.g., murders someone) ? Dear Sir/Madam, the immunity is only in civilian cases but can never be in criminal cases. Otherwise, it will be tantamount to allowing foreign diplomats to break the law of land!
US action: Humiliate and Strip search a diplomat with immunity Reaction of Indians: Spam pakistani news sites with nonsense comments, self praises and defence
@Indian: Grapes are truly sour in the hinduland
The case is clearly of moral conduct or misconduct. The lady has lied about the salary to her maid. This is clearly a case of: 1. Lying. If a person is lying for personal gain there is a high likelihood that she will lie for any national gain too. 2. Human Rights. Devyani has violated the human right by underpaying her maid. She had thought of her desi maid as some dumb, on whom she could load the work without adequate compensation. 3. Violation of law of land. Notwithstanding the diplomatic status of Devyani Khobragade, she has violated the law of land while living in USA. 4. Question of diplomatic immunity. The diplomatic immunity is available for civil matters but not for criminal matters. Telling a lie or giving false undertaking and exploiting her maid are matters of criminal nature! it is clear for the above points that the reaction from Indian Government has more to do with point scoring during election season rather than pragmatism!
@Jules...whether it has been proved that she is broken the rule..it seems you are biggest judge available on earth.by reading your reply it seems everything has been proved....She is just an accused and what is her accused crime....atleast she was not trying to plant a bomb at time square..
@john: Do you remember Raymon Davis. Or just Google. Hypocrites. You do not break laws by tapping everyone's phone and email. And your President went to India begging to buy some of your crap fighter jets which India denied.
@john Mr John, when one of your CIA agents, not a US diplomat in Pakistan, murdered two Pakistanis sometime back did you hand over the murderer to Pakistani authorities to be tried in a Pakistani court? Were the victims barbarians?
@TruthPrevails: YES TRUTH PREVAILS. yes Americans humiliated our diplomat, haven't you seen what we have done ? take strongest measure and make John Kerry make an urgent call to our NSA and regret for the episode. Its been the top news in almost all channels and news line in USA. check out the positive response from Americans towards us.
@Lala Gee: Today India buys services and does not offer in return for aids.
When Pakistan reacts to any of US arrogance by blocking NATO supply etc, Indians always have problem with that and now the same Indians are calling their reaction as something great. Hypocrisy at its best
@Tyron Lannister:
"I do sense that the Diplomat did violated the rules by providing false statement. However considering the fact sevant is provided with return ticket, food allowance, accomdation allowance as free, i assume the total cost could be relatively equivalent to that of USD 8 /hour or 4000 USD/month, which you dnt give if you hire a local maid from USA"
The most confused and contradictory logic one can provide to justify a criminal activity. If this had only been a case of hiring a cheaper or suitable maid, then certainly hiring a local or some resident Indian maid was much better alternative, and this also would have saved the diplomat of the hassle of going through all the tedious visa process. But then she also had to pay the wage as per US local laws regarding minimum wage, working hours, and humane treatment of the workers. Apparently it looks more like a case of human trafficking, tax evasion, and money laundering, as well as exploitation of the vulnerable Indian maid for not paying her even the miniscule promised salary, but also forcing her to work after the working time without paying any compensation?
"thats why we believe its not just protocol norms, but there is something deeper in it."
Only a simpleton would take the incident on face value. Had this been the normal case, the diplomat would have been treated in a gentle rather than a visibly insulting manner. It seems that the opportunity is used to convey some message to the Indian Government, and, I suspect, it has something to do with Hamid Karzai's recent visit to India.
You Indians should've known better when they frisked your ex-president. But the average Indian sees no shame or lesson here I guess.
Must admitt that Pakistanis take gr8 delight when some thing like this happens in India even though the occassion r very less.US has already expressed regret which they do not do during the salala incident,Osama incident or even Raymond Davies and the Gharait brigade was shouting hoarse from roof tops in all pakistani news channels. The world knows who is stooge of US though I dont blame Pakistan as there economy depends on US aid
@kamal: The Raymond Davis issue was settled when the families of the victims agreed to let Davis go in return for compensation from U.S. The Americans had also expressed regret over it. And Pakistan had a far aggressive reaction during the Salala incident. The U.S. was made to bend over and apologise to Pakistan for its folly. Nowadays, NATO supplies are closed in Khyber Pakhtunkhwa and American diplomats are begging Pakistan to re-open the supplies as their survival depends on it. We know how to settle our scores. Don't compare a country which allows its female diplomats to be strip-searched to Pakistan please.
@unbelievable: Excellent comment. Yessir, two wrongs don't make a right. This case applies both ways. have a nice day and Salams
@Kiran:
"Both the prosecuting US attorney (Preet Bharrara) as well as the Asst Secretary of State (Nisha Desai Biswal) who authorised her arrest are both India-born Indian Americans."
It seems Indians are the only ones who are running the State Department there, and the incident, as you imply, was, in fact, Indians own heroic efforts in this clearly insulting treatment of Indian female diplomat. Isn't this what you implied? Perhaps, it is your own frat that has choked your brains and hindering you to think clearly. Don't blame me for that.
Loved the way indians are dealing it. Wish we get daring leadership
@Concerned: So is this the reason why they took away Raymond Davis when he killed 2 Pakistanis because killing is not an offense in Pakistan?? The problem is not the arrest- the problem is the way she was treated- So many times our fellows (respected ones) who travel to US are held for long hours at the airport just because they have Muslim surnames. I mean what makes them so superior. Like they have the right to protect their land, other countries also have the right to protect their land. So why blame people who kill American soldiers fighting in their country. America has always followed double standards- when they do something it is right but if anyone else does it it is wrong. India has taken a very good stand here and shown them the mirror and I think Pakistan could learn form India rather than bending backwards over everything US does. I bet US cannot have one drone strike in India.
@kamal: My dear, no one can "make" the US do anything. Their arrogance is unparalleled and offering an apology does not change that fact. A diplomat broke the law and got caught. She expected special treatment and she didn't get it. Boo hoo. This is not about India Pakistan o the US. It's about breaking the law. Don't want to get arrested and put in a jail cell? Don't break the law.
The US will likely offer a superficial apology to India and Indians have the US's competition with China to thank for that. Take that out of the equation and the US does not "need" India for squat accept as a way in to it's REAL competitor (China) and cheap labor. Your delusions of grandeur are amusing.
As far as Pakistanis comparing themselves to India, won't comment on that since I'm of neither origin. Strange how Indians and Pakistanis always bring each other into their own affairs then point fingers at one another for doing exactly that.
India shouldn't forget its US money on which India has developed to this point & US should be thanked for doing business with India despite having several alternatives Money talks & you shouldn't ask what you are not worth of
@Joseph: Hmm, of course you read in the story that, "As a consular official, Khobragade does not have full diplomatic immunity, but has consular immunity"!!
Indians no offense intended here, but you should respect the laws of US when you are in US and when you say that American diplomats are treated like royals in india, who asked you to give them this royal treatment?? Not the american people nor the american law asks for this royal treatment. You gave this royal status to the Americans yourself, doesn't mean that we will give the same to Indians.
Humiliating treatment of a DIPLOMAT and slap on the face of india along with a reality check
@ lala gee : looks like you enjoy the first part of the movie and fail to watch the second part. yes Americans humiliated our diplomat, hvent you seen what we hve done ? take strongest measure and make John kerry make a urgent call to our NSA and regret for the episode. Its been the top news in almost all channels and newsline in USA. check out the positive response from americans towards us.
when raymon davis episode happened, and pakistan responded in similar fashion, the first thing USA said was, we will block usd 3 Billion Aid money.and pakistan accept blood money (regretfully), and let him go. In this case, americans cant do it. The max they could do is put some stringent on visa norms for our Software engineers, new tax on companies outsourcing to India. But make no mistake we are about to open our retail market, and we could easily block us companies taking advantage ( we can live without walmart, there are 10s of other hypermarket companies in the world)... we deal american in equal terms, and they know that.
Sun may set in the west, but at the end, It always rises in the east. we are the rising star of the east.
I know our Pakistani friends love this story since Indian diplomat is involved....But hey do you have any moral right???Do you remember Reman Davis??...feeling salt on your wounds???...and just wait and see how we are going to make US apologize for its act...don't compare us with yourself..
@ Doc : It seems you are missing the point. the Diplomat are special people, privileaged people than most of us. dont ask me why ? Thats how the world order of diplomacy works and are mutually given between nations. some goes well beyond their means, as a mark of special friendship, which we have given to usa and given extra security and special allowance. so your point doesnt hold good, when you ask for same treatment as other people are ?
Now coming to the trail. if you follow the full story carefully, its seems fishy and phoney. the maid was an absconder since june 2013, and her passport was revoked and an order has been issed in Indian court of her status as well. secondly, her family (husband and kids), were given a permanent residence on dec 10 by US embassy. why a visa for maid family in hush hush manner? thats why we believe its not just protocol norms, but there is something deeper in it.
Whatever you may assume, we are respected and responsible nations. we wont settle nothing less than unconditional apology from US govt and withdraw all case of the diplomat. I am pleased with the action taken by my govt and expect more if nothing done by US govt. But you have to admit, we got some real guts to stand up to americans and tell then "Uncle Sam we aint Pakistan or Kenya or Libya".
@john: Dear John, You have obviously missed the whole point in regard to diplomatic sensitivities. One could write a book about America's lack of tact as she blunders around the world creating one gaff after another, creating mayhem and never apologizing. An outstanding example of diplomatic immunity is American Raymond Davies who shot two men in the back in Lahore, and was allowed to return to America as a free man. I did not agree with it, but that is the way the system operates. It is good to see India making matters uncomfortable for the US, and standing up to them over this appalling lack of protocol.
Here is the part of the story that no one seems to know (from an Indian Newspaper):
"Sangeeta Richard’s (the maid) family was given U.S. visas though New Delhi had been regularly petitioning Americans to trace her after she went missing in June. There was also a court case against the maid after the Khobragade family complained that she had absconded with her diplomatic passport. The court subsequently issued a warrant against her and this fact was also brought to the notice of U.S. authorities.
In another twist to the tale, Ms. Richards’ husband filed a case in July demanding that the government locate his wife but he withdrew the petition later. There was no confirmation of reports that her father works with the U.S. Embassy."
So, this "poor" maid was playing her own game and the US got sucked in!
I am so glad that India took a firm stand. It was an over-reaction, but sometimes you just have to do it. This will open the eyes up of the US admin and also the abusive Indian diplomats (and there many around).
@Azi:
It was actually USD 34 Million; the rest of your observations are spot-on.
Sorry I think I made a typo mistake of the amount. But still who pays US minimum wage to their local hire? USA has to bend backwards and the Obama has to apologise to the people of India and he will do it.
@john:
America will be paying millions to its Indian employees at the Embassy in New Delhi because they have never paid the American minimum wage to them, American Embassy is American territory. Moreover American diplomats will lose all the privileges that are not reciprocated. American diplomats and their families are treated as princes and princesses in India. No more.!!. They have to wait in line at the airport and customs counter just like everyone else. No more special lines or instant customs clearance. I still don't think it is the American Government, but the Indian American Preet Barara who is bringing this case to show that he is not partial. He has ambitions to run for the U.S senate. Any how it is a loss for American diplomats. Now every poor country is going to balk at American diplomats taking undue privileges.
How can India complain about the USA the land which was came into being with all its conridictions and amendments and is called the land of opportunity? The land which has the third largest employer in the country is engaged in Prison administration, and has the notorious Guatanimo bay prison for VIP's constructed on the confiscated cuban land. Alone its intelligence community for the digital surveillance of the world employs over one million people, whose task is to reported to collect and monitor over 5 billion medta info pedr day hich include 35 Government heads. There is no point for the Indians to get emotional, sentimental or go into rage or show panic, the first action being to order the reduction of American diplomats equivalent to the number of Indian diplomats in the USA. They are not the only one American systems are based on equal opportunity and equal treatment.
Rex Minor
@john: What is stopping you kicking us out?
All foreign Diplomats hire house staff from their countries. How many are paying US$45 ,000.00 per month to them? The only country I can think of is Pakistan.
@Lala Gee: As usual, you keep farting thro' your mouth!!!! Both the prosecuting US attorney (Preet Bharrara) as well as the Asst Secretary of State (Nisha Desai Biswal) who authorised her arrest are both India-born Indian Americans. So this is not about "humiliating" India. Looks like the lower level officials handled the matter very badly!
Indians are known to commit visa frauds. Most recently there was an H1B fraud by InfoSys, an Indian IT firm for which it was sued by US govt for over 100 million dollars. U.S. did what it had to do to keep Indians in check.
@looool: Has the last word been said in the matter?
Two wrongs don't make a right. Diplomat was wrong for lying and paying workers below legal limit - local police were wrong for strip searching someone for this type of crime (whether she was diplomat or not). NYC and USA State Dept should apologize - diplomat should still be tried, punished, and asked to go back to India.
Meanwhile, the pakistanis who keep hating america all tha time are taking his side....;)
@Ali Tanoli: no other can make such statement as like you pakistanis.
America dont give a danm to any country india or south africa....
@Concerned: She is not being charged for or even alleged to have mistreated nanny. She is a victim of a minimum wages rule that makes very less sense in her case.
Time to challenge US hegemony and arrogance. Well done Indian government!
@Concerned: read the issue mediocre
The case is the latest involving alleged mistreatment of domestic workers by wealthy Indian families. Many are poorly paid in India and rights groups regularly report cases of beating and other abuse
This line sums up the entire issue. The truth is that Ms Khobragade cannot bear the fact that she was arrested for mistreating with her maid. She needs to understand that she is in the US not in India where everything can be hushed up especially if your a diplomat.
The security is not removed. It is downgraded to a level that any other country's embassy gets. The reserved parking for US Embassy staff behind the cement barricades is removed and that area is now free zone. Basically all the special privileges extended to US Embassy staff are now revoked. Its like a first step of teaching them meaning of "Law of the Land".
here is my take... Well, I do sense that the Diplomat did violated the rules by providing false statement. However considering the fact sevant is provided with return ticket, food allowance, accomdation allowance as free, i assume the total cost could be relatively equivalent to that of USD 8 /hour or 4000 USD/month, which you dnt give if you hire a local maid from USA... However, the action by the state dept and US Marshall are highly deplorable. If Americans say they play by the rule of book, I am wondering if Americans never carry alcohol or pork meat in arab state like saudi. I highly doubt it. One need to be very careful how you handle such issue in the light of larger cordial relationship between nations. Lets not forget the way USA behaved in Raymon Davis case, even if he is just a spy and not a diplomat.
In a way Im surprized how Indian govt put such a strong face against USA. something that Pakistan shuld leran from Indians. You will never earn respect, If you dont respect yourself.
@LalakiMkaa: Also no state or non-state actors are welcome in India whatever maybe the situation.
@LalakiMkaa: I don't think it is without security. Just that it has been downgraded to the security level that embassy of any other country has in India. The reserved parking area for Embassy staff is now converted to a free zone. In short all special priviledges for US Embassy and its US staff is removed.