The writer is a columnist. He is also a former editor of the Mumbai-based English newspaper Mid Day and the Gujarati paper Divya Bhaskar
aakar.patel@tribune.com.pk
The servant disappeared in America and the diplomat filed a case against her in India.
The US, probably to avoid their being victimised by India, smuggled the servant’s family out of the country before the diplomat was arrested.
Angry stories, mostly made up, were then published which claimed the diplomat was arrested in front of her children and handcuffed (both false). The man prosecuting the diplomat is Preet Bharara, with a formidable record and a near-100 per cent conviction rate. Our defence has been based on outrage, not innocence.
In India, Foreign Minister Salman Khurshid says he will not face parliament till he returns with the victimised girl (the officer, not the servant). We shall see. And Rahul Gandhi and Narendra Modi refused to meet or talk to visiting American leaders, in an act Indians know as doing katti.
More dangerously, the government removed safety barriers from outside American facilities. Presumably, they were there because a security threat was felt. If India is deliberately risking American lives in retaliation for an arrest, this is an act of great stupidity.
Former Uttar Pradesh chief minister Mayawati claimed the government’s already hysterical response wasn’t hysterical enough, because the diplomat was from the scheduled caste.
The Bharatiya Janata Party, always willing to make a bad situation worse, did not disappoint. Former finance minister Yashwant Sinha said India should apply its law criminalising homosexuality to gay Americans in India. Why are we so willing to damage ourselves in defence of national honour? It is difficult to understand this for those able to distance themselves from the passion.
By all accounts, the diplomat seems guilty of a crime. The Hindu said of the Indian government’s response that: “However, this narrative has avoided referencing the alleged visa fraud that the criminal complaint against Ms Khobragade (the arrested diplomat) details, including the claim that she effectively paid Ms Richard $3.31 an hour whereas the New York minimum wage is $7.25.
“Further it is economical in addressing the allegation by Mr Bharara’s team that under the contract she signed with Ms Richard (the servant) and submitted to the State Department to obtain an A-3 ‘domestic worker visa’, she had promised the equivalent of $9.75.” This, of course, the diplomat did not intend to pay and did not, in fact, pay.
Writing for Hindustan Times, former foreign secretary Kanwal Sibal said the Americans should have continued to let Indians abuse the law: “There is much chicanery involved here. Indian diplomats taking domestic staff to the US accept the minimum wage requirement when all concerned, including the US visa services and the State Department, know this is done pro-forma to have the paper work in order. To imagine that the US authorities are duped into believing that our diplomats will pay their domestic staff more than what they earn is absurd. The US authorities have been clearing such visas for years to practically resolve the contradiction between reality and the letter of the law.”
Is the poor pay of Indians and their insistence on having servants the problem of Americans? Why should any nation allow its laws to be violated by India?
There were, of course, saner voices in the media, particularly The Indian Express, which pointed to our hypocrisy: “Recall from the other side of the fence how unacceptable it is for Indians to countenance Italian requests for exceptional treatment of their marines while facing a murder trial. Contrast that with the absolute abandonment of sobriety, reason and responsibility in reacting to charges against Khobragade of visa fraud. To allow American pursuit of the rule of law on their territory to spiral into a diplomatic stand-off speaks very poorly of India’s foreign service and the politicians and officials in Delhi happy to play into notions of outraged national honour.”
Published in The Express Tribune, December 22nd, 2013.
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@Solomon2: Sir, In US one has to learn how other citizen live. Unless you are super rich, Nobody can afford to have domestic help. Even highly paid professionals, doctors, etc. cannot afford this luxury. The Indian diplomat should have known this when she took this job, if she cannot afford she should go back to India. To say to Indian government pay more wages make no sense. As the saying go, In Rome act as Romans do.
@arzoo Also if you have so much faith in US, can you bet that ms Devyani will be put in Jail for her crime (at least for a month)? All they could do is follow some rediculous procedure which has no rational (What is the point of putting handcuff and doing strip search if person is already co operating) and later regret for it.
@Arzoo:
The English judicial system and all its flavors implemented anywhere, including US, India, and Pakistan, are by design heavily tilted towards the powerful, rich, and influential. For one, they are the ones who make the laws and the systems, not the angles and the saints, and these people wouldn't be there in the first place if they were so selfless. Although they have artistically masqueraded this imbalance by making the law look equal for every one, however, the reality is both the laws and the procedures themselves and the way the judicial system is made to work through lawyers is what pulls the balance drastically from the weak and poor towards the rich and powerful, even if we totally remove their effluence over police and investigations, which the Western countries appear to have. The current judicial system can be explained by this excellent analogy of making a feeble person fight against a muscular boxer in the boxing ring and then claiming fairness of the outcome by saying rules were the same for the both. You may not agree, but it is the fact of life, and this fact is even more resonant in International relations and diplomacy.
Also regarding your words:
The Bharatiya Janata Party, always willing to make a bad situation worse, did not disappoint. Former finance minister Yashwant Sinha said India should apply its law criminalising homosexuality to gay Americans in India. Why are we so willing to damage ourselves in defence of national honour? It is difficult to understand this for those able to distance themselves from the passion.
We are all glad that you are able to distance yourself from the passion for national honour. You have also unfortunately distanced yourself from sound judgement.
Sinha's comments are perfectly valid. They are the exact parallels. Irrespective of what we as people think, Indian law currently criminalizes gay sex(as per Supreme Court's interpretation which is the final word in this country). India technically can hold this over American diplomats' head. Somewhere the diplomats would have signed a statement saying they will follow local laws. India does not have privacy protection laws. The threat is justified and real.
@abhi: Prosecuting Raymond Davis was Pakistani government's prerogative, under Pakistani law, who chose to take blood money and let him go. As a person who has lived most of his life in the States, and have employed considerable number of people, I can tell you that "most of the Mexican" workers working in the US effectively do not get less than the minimum wage. AND, more importantly, if they are caught for violating any laws, their treatment is no different than meted out to a US citizen or any other residents in the US belonging from any other country.
@Saeed: I got your point; you are willing to mislead and misstate facts to try to prove your imagined facts. Conrad Black was convicted of the crimes leveled against him and served his sentence before opting to leave for Canada, his home country, as you can see here: http://www.cbc.ca/news/business/conrad-black-sentenced-to-more-prison-time-1.1010084 . And, you will find out that you are wrong in your assumption that Dr. Devyani will be let go without due prosecution. That happens in India, and Pakistan, and many other countries, so I do not blame you for believing that it will also happen in the U.S. It will NOT.
All the Indians are crying to help a criminal in USA and then they accuse others. I wounder what would be the situation of law and order in the country.
@Arzoo:
You did not get my point, Conrad Black is free and was allowed to go back to Canada. Whereas Afia was sentenced for more years than she can live.
Conrad black was able to buy his freedom because he is very rich.
@arzoo Can you tell me if Rymond Davice has got any punishment for his crime as per US law? there goes equal application of law in thin air. Also most of the maxican workers work under really hard condition and get paid fraction of minimum wage from their american employers but US admin turns a blind eye because they know it is hard to find replacement of such people. So what you are seeing is just some drama. I can bet no conviction will happen for Devyani ( Even though I do want her to be punsihed) she will enjoy her time at UN and then spend retired life in comfort.
India, drunk with its new found position in the power corridors of the world, basely tries to bully the US the same way it does its much weaker neighbouring countries. US, the biggest bully of all has an awkward feeling creeping up its gut. Lets see if india is put in place, or america is found out to be as hollow as most bullies are in the face of stern opposition.
@Indian:
Reminds me of the anti American blather so popular from some Pakistani authors - long on emotions and totally devoid of logic.
How can anyone think that removing security or safety barriers is an appropriate response to this dispute? Can you image the lives that would be lost if a bomb laden truck were to blow up the American embassy? Grow up.
@saeed: So you admit what I said is true. I had asked for citing a single instance in which a person accused of charges that the Indian diplomat is charged with was treated differently than her, and you ended up citing two cases where one is charged with terrorism and the other with fraud, but not of paying a domestic help less than legal minimum wage. While there could be many things United States does not do correctly, it is committed to equal application of law to all the persons in its' jurisdiction. That it does not always succeed in its' quest is not due to its' failure to attempt but integral to human weakness.
Well done sir! At least there are some sane voices in India. Stay safe!
For a change, I agree with what this writer is saying. He is speaking the truth in this case despite his history of reflexive anti Indian diatribes.
@Arzoo:
That not true, people unnecessary glorify US on ethical grounds. US justice can be bought, if you dont believe look at two examples, Conrad Black and Afia Siddique.
We know US presidents have constantly lied to the whole world.
But why india is surprised at this treatment? They always behave like this with their non-white friends. As a Pakistani I welcome India to US friendship club.
"And why do they need full time helps? Most wealthy Indians get weekly cooking and cleaning help and pay 200-400 bucks depending on the size of the house. They get professional help from certified US vendors. That is far cheaper than anything else. Why can Indian embassy personnel do the same?"
Exactly. There is no need for each Indian diplomat/consul to have his or her own full-time spice-grinder/cook/housekeeper. They can contract out instead.
@Nero: You are wrong about Indian diplomats not getting paid enough. They get lot of perks like free accommodation, this allowance, that allowance and I think their salaries must also be tax free. That easily jacks their salaries up close to 90-100K.
And why do they need full time helps? Most wealthy Indians get weekly cooking and cleaning help and pay 200-400 bucks depending on the size of the house. They get professional help from certified US vendors. That is far cheaper than anything else. Why can Indian embassy personnel do the same?
@S: This case is less caste based but class based which is also the case in Pakistan and other countries with little governance and sham democracies.
@Zen: They through Richard's lawyers offered a compromise but Devyani's arrogance did not allow her to accept that and she began to use her political connections to not just deny her passport but create a criminal case against her in India.
The objective has been met which was to slap Indian government and make them realize their follies.
@Parvez: This will get resolved. She will not be prosecuted and both govts. will drop cases against either parties. Indian govt. will find a US based 'Indian' agency that will provide weekly cleaning services and possibly cooking which will be far far cheaper than any other option.
For all Pakistani friends .. please go through this link .. http://www.newslaundry.com/2013/12/aakar-patels-doodles/
Seems like Indians are coming back to senses after getting a harsh reality check. Sooner than later, the remaining dissidents would also join the bandwagon of the sane after realizing that the lady diplomat was in fact the one who should be blamed for the whole mess, not the US (as US is never at fault), and the humiliating treatment meted out to her by repeated striping and cavity searches was really a part of SOP uniformly applied to every offending criminal and diplomat irrespective of the country he/she is representing and hence is justified. Smart move. After all, only the fools dare challenge the powerful, and get thrashed in the madness to preserve a useless egoistic desire called honor. Well done Mr. Patel by showing the Indians a practical, pragmatic, and safe approach to deal with the mighty. We thought Pakistani leaders were the only brave people in South Asia, but congratulations, Indians have proved their superiority in this regard too. At least now Pakistanis will be saved from their taunting remarks in similar situations.
"More dangerously, the government removed safety barriers from outside American facilities. Presumably, they were there because a security threat was felt. If India is deliberately risking American lives in retaliation for an arrest, this is an act of great stupidity."
In international diplomacy there are protocols even for the violation of protocols. The usual response is tit-for-tat. America's arrest of a single Indian diplomat did not violate the physical security of India's diplomats so why were the safety barriers removed?
In addition to physical security, a diplomat needs economic security. Khobragade did not pay her domestic enough, apparently because she couldn't afford to do so; the implication is that her behavior is common among India's diplomats in the U.S. and to make them all comply with U.S. law would threaten their economic security.
The solution, of course, is for India to either pay its diplomats more or have them do without full-time domestic help, just like many other diplomats stationed in the United States.
Strangely enough this diplomat was given deputy counselor position because she belongs to lower caste. Her father is retd. IAS officer and she has highly priced properties in Bombay plus elsewhere. According to reports she also lied about properties price in order to get tax breaks. Case in point how people employ this low cast gimmick in order to get benefits etc. her family though economically and socially advanced , my question how many generation one use this benefit. There are lots and lots of young people are not eligible because they do not belong to low caste. Devyani Khobragade is using and exploiting the system. She should have known that she is not in India where she could exploit the system, How can a person survive on meager wages of $3.50 and especially in new York. I do agree that police over reacted when they arrested her. In public to treat a person and especially a woman , hand cuff etc. This does not fit in the merit of the case. Americans all over the world, in embassies, consular offices, visitors and especially in third world countries act like as if they are from different planet. When an American is being caught doing anything even murder, their government would lie, and use all type of gimmicks to get him free. Even I do agree Devyani Khobragade has lied and done wrong, she does not deserve to treated like this. USA has also lots of skeletons abroad and they should think and look into their closets, before they treat others.
@S: For your information Ms Khobragade is herself a Dalit Hindu. Her behavior has nothing to do with her faith or caste. It is a problem that cuts across India and Pakistan. Our people have grown up to believe that domestic help is supposed to be treated like slaves. If you did not know, similar cases abound in Pakistan.
US, cancel the 65,000 H1B visas .. and see how quickly this phoney outrage fizzles
@IndianAmerica had overseas dependencies in south Asia such as Pakistan but now situation has changed as Pakistan seems to be following a more independent policy. Since then they(usa) tried creating similar alliance with India i.e. "Strategic Alliance"But India traditionally looks east and reluctant to have any DEEP alliance with the west. This may be USA's nudge to India to change its course that has misfired. USA probably never expected such hostile reaction from India, so they are now caught in an embarnation rassing situation.America expect every to back down, will India do that, some how i don't think so. :
@S: The diplomat is not high caste.
@Author - This outrage has less to do with the rights and wrongs of the central characters in the theme... It has more to do with the arrogance of America. Seriously, America has lost trust and credibility across the world. The dislike may not be as grave as in the Muslim world (where "Death to America" is a common war-cry), but still its around, be it Russia, China, India and Latin America... Most of the middle class Indians seem to be in double minds - one that the diplomat was justly punished for breaking laws (something which is missing in India where influence de-rails the trial), second the manner in which this was done was appalling and timing was suspicious.
The lady diplomat represented Indian govt and to make false statement is gravely wrong. Also the stripping in company of same sex is a part of standard procedure, it was not done intentionally or for harassment. It was to make sure that nothing is hidden inside body. Only one thing was not correct , they did not inform Indian government before taking action on diplomat.
@Syme: (Congratulations..You have your own version of “Qauom ke Beti” Afia Siddique and your jingoists are acting just like Pakistani JI and PTI.)
Afia Siddique did not officially represent Pakistan as its Deputy Consul General. There is one question you may want to consider: if story was other way round & if India had somebody like Raymond Davis in custody & then nook & cranny were explored by "specialists" by being put thru the Standard Operating Procedure of Delhi Police at Kotwali Chandani Chowk what would have been reaction of USA? Devyani the person is not the only issue. If she has wronged the Maid & caused embarrassment to India this will mean end of her career. What is more important is today if US gets away with oafish treatment meted out to India's Dy. Consul General-whatever be her misdemeanour-it will set a precedent for future. Such things should not be let go of unprotested.. What lesson India has to learn from this it will learn but it must share fruits of its learning with State Dept too..
@S: For your ignorant mind, the woman diplomat belongs to one of the under privileged class.
@S: (The problem arises from the caste system of indians, maid is low caste so if she is exploited noone seems to care, but when the high caste diplomat is arrested, india bursts into protests )
Nobody in India has bothered about it so far but IF Caste be the consideration its Devyani who should have your sympathy. She is low caste; not the Maid!! Devyani is an ex-untouchable & lower than Sangeeta Richard the Christian Maid, in social hierarchy. If Richard is of Marathoma Syrian Christian Church of Kottayam, Kerala or Konkani speaking Christian of Coastal Karnataka/Goa she could even be of converted Brahmin ancestry. There is a huge, huge Dalit lobby in India, especially in Devyani's home state Maharashtra. No politician can afford to ignore them. There can be strong anti-US atmosphere in certain parts/sections if this matter prolongs.
In General: As Lower-caste Devyani has certain advantages over Upper-castes: age limit relaxation for Civil services, lower qualifying marks, reserved job in government, first preference to study foreign language at Govt cost (German, in Germany, in her case), and postings plus accelerated promotions. These are few of the ways India tries to compress, within decades,the amends for centuries of wrongs. (In spite of that bad things do go on but that's another subject) Times have changed in India. Or else a Lower-caste Narendra Modi wouldn't be where he is. Someone not being aware of it all is not a fault; holding forth like an expert on something of which one has no clue, certainly is.
Congratulations..You have your own version of "Qauom ke Beti" Afia Siddique and your jingoists are acting just like Pakistani JI and PTI.
@S:
<The problem arises from the caste system of indians, maid is low caste so if she is exploited noone seems to care, but when the high caste diplomat is arrested.>
Wrong.
The Diplomat is a Dalit, and the maid a Christian.
@S
The problem arises from the caste system of indians, maid is low caste so if she is exploited noone seems to care, but when the high caste diplomat is arrested, india bursts into protests and even attacks at dominos branch in india (which by the way was indian owned) on the contrary its an example of breaking caste barriers,as the diplomat belongs to the lowest of the low caste in India,a former untouchable,while the maid happens to belong to Christian community.so don,t look for conspiracy where there is none.India is not a high caste monopoly as some people love to portray.while i don't endorse attacks on pizza joints,why arresting diplomats for having gay partners is wrong,as the criminality of this act has been upheld by honorable supreme court just a week ago.you have to follow the rules of land you live in.you can't have your own both ways.
Out of all the deafening noises being made on this issue in India, Aaker's column is the first one I am seeing that shows some sagacity and reason.
It is important for the people to know that in the United States effort is made for everyone to be treated equally, whether rich or poor, and the treatment meted out to the Indian diplomat is no different than what it would have been given to a member of the highest echelon of society. If someone does not agree with what I am saying, I will like them to point out a similar case, where someone else was treated differently in the U.S. Recently a Saudi princess was arrested in California for similar allegations and her bail was set at $5 million until charges were dropped by the prosecutor as being unsustainable. I would have been more pleased had I seen support from the Indian masses for the Indian maid rather than for the diplomat, who should have known better and should have been in compliance of the local laws. I am also pleased to see that at least Aakar has mentioned that the US Prosecutor who is prosecuting this case is Preet Bharara, an emigrant from the Indian Punjab who has an impeccable record of bringing white collar criminals to justice.
The Indian diplomat's case is no different than others serving jail sentences in the U.S. for similar offenses, as you can see here: http://www.nytimes.com/2008/06/23/nyregion/23slave.html?pagewanted=all&r=0 and here: http://www.huffingtonpost.com/2013/03/06/annie-george-slave-valsamma-mathain_2819903.html
@Zen:
No matter who is who, but justice should prevail...exploiters must be punished.
I am on this with you but only partially. While conduct of Indian diplomats and officers taking domestic help with them is absolutely deplorable. Why these guys should try to live like kings having servants to take care of their daily chore? If they indeed want this they should be ready to pay what law states. Devyani is using her connections (father is an IAS officer) to get out of this situation and getting more creamy position in UN. It is not about national honour as being made out. If anybody brought disgrace to nation it is conduct of our IFS officer who want to live a privileged life flouting all rules. There are several cases against her in India as well starting from getting a flat in Adarsh society (illegal in the first place) again on wrong affidavit and there is a SC judgement on how she was given preference without merit to get desired posting. I hope some strict actions are taken against her and similar people who don't care about law. Now coming to the other part. I don't think revoking the special privileges to US consulate are any bad. Why the road infront of embassy should be blocked for public? When I can drive on the road infront of Rashtrapati Bhavan without any special checking, why there is a blockade infront of US embassy in Delhi? If US wants special security they should buy some land outside delhi and build their embassy there. Similar useless security measures were taken when Obama visited India. US needs to understand that if their president is so insecure to travel outside, he should remain inside US and not travel.
@Kalyan: Strip Search is inhuman / humiliation and to be avioded to everyone, why only for indian diplomats.
The Indian Government should think that how its diplamt can be brought back to home. She is facing some serious allegations,the rule of law is a serious business in America.All diplomats those work somewhere else they must understand the norms and values of the respective land. "Indian lady was paying less wages to her maid",although it happens in India but who cares?But the rule of law in America cares and dares too..... I lived in USA for certain period and I really appreciate that regardsless nationality each and every citizen earn due share and respect.
Agree with you for the first time after reading so many of your articles. Shekhar Gupta in Indian Express has written a great piece on this. Two good things could have come out of this if good tempers had prevailed with Indian politicians who are desperate to divert attention (especially congress) in doing these gimmicks like removing security barricades
1) India should remove all special privileges from western diplomats that are not reciprocated 2) The Indian babus be taught a lesson that you can do scams in India (this lady is involved in most high profile scam of Mumbai) but elsewhere they will not be tolerated
Yes, there are motivations for all involved including the maid, preet bharara etc but protests should have been centered on the strip search procedures rather than releasing a criminal
The diplomat knowingly falsified papers : crime 1 in US embassy. Being an IFS officer she should have known better.
The diplomat paid her maid less than minimum wage: crime 2 in USA And she was going around talking about Women's rights in the East Coast. Obviously, did not practice what she preached.
The diplomat has a flat in a tainted housing colony ment for Kargil war widows: crime 3 in India.
Yes, she was treated roughly after her arrest for which Kerry has expressed regret so It is closed. But her crimes remain. So she should serve jail time.
I cannot comment on the merits of the case of Ms. Khobragade, but it is certain that Mr. Bharara is protecting corrupt members of the NY State Judiciary, including the Chief Judge.
Here is an official criminal complaint sent to Bharara regarding fraud and conspiracy in the nomination and confirmation of NY Chief Judge Jonathan Lippman. The facts are indisputable, but Mr. Bharara has thoroughly ignored this complaint and many others for nearly a year.
http://www.judgejonathanlippman.blogspot.com/
The American press has lionized Mr. Bharara, but victims of corruption in NY know that he is not what he appears to be,
The congress government desperately needed the media to talk about something other than its humongous scams. Voila. In comes US state department and the whole affair. Arrested in front of children or not, the prosecutor has been naive, at best, or malevolent, at worst. Did he really think that government of India and its foreign service would let one of its own being harassed and put in jail for a small "fraud"? The so called "standard procedure", which is just an eyewash, just destroyed the whole case. Usual prosecutor, trying to find glory with potentially expendable countries. Few days back several Russian diplomats were charged with availing state benefits through fraudulent means. Roadside arrest? No. Any arrest? No. SOP? What a joke. This is not to say that no lying happened. But Sibal is right that this is all chicanery. How do we expect the diplomats to pay an amount they don't get paid to themselves. Heck! Infact most diplomats are paid below US minimum wages (cash in hand). State department wants to charge Prime Ministers of all these countries?
Very sensible.
Indians are behaving like Pakistanis.
http://www.indianexpress.com/news/national-interest-of-course-they-have-a-right-to-fleece-a-maid-break-the-law-and-claim-immunity/1210149/
The problem arises from the caste system of indians, maid is low caste so if she is exploited noone seems to care, but when the high caste diplomat is arrested, india bursts into protests and even attacks at dominos branch in india (which by the way was indian owned).
Is Pakistan paying PK121,000+ a month (7.2540105) to the helpers? Even 40 hours a week is a child's joke to say. USA is only fooling itself if it says Third World Counties help work only 40 hours a week. Looks like most, if not all of the Third World Counties diplomats will soon be in USA jails.
Doesn't matter, how much fraud she committed, but strip search should be heavily condemned! Bharat is doing the right thing...
Now thats the first piece I have read looking at this created mess from a different angle. It will be interesting to see how this gets resolved........because resolved it will be.
It was not the humiliation of the diplomat alone, it was the insult of Indian nation. The US has tried to settle scores with India for number of reasons including the rejection of F16s by India for aircraft deal that was later awarded to France. Any self-respecting Indian would be outraged but I can't say this about this author. Just because you are allowed to write doesn't mean you can write anything and get away with it. Before pointing towards others' hypocrisy, plz do look once in a mirror.