Consulate official Devyani Khobragade was arrested, strip-searched and charged in New York for visa fraud. PHOTO: REUTERS
The row began on December 12 when consulate official Devyani Khobragade was arrested on suspicion of filing false documents to obtain a visa for her domestic servant and then underpaying her.
Her arrest outside her childen's school and treatment in custody, when the mother-of-two said she was subjected to a cavity search, outraged India which claimed she benefited from diplomatic immunity.
US prosecutors disputed this because she was a consular official, leading New Delhi to request Washington to grant her a G1 visa given to diplomats at India's UN mission which is also in New York.
"Devyani given G1 visa by USA according her full diplomatic immunity. India transfers her back. She is now flying home," Indian foreign ministry spokesman Syed Akbaruddin said in a tweet that confirmed the deal.
Just hours earlier, prosecutors had filed charges against her in a New York court.
The deal ends the dispute, but the two countries which had embraced each other as strategic partners must now count the cost of weeks of feisty exchanges which have left resentment on both sides.
India has removed extra security barriers at the US embassy in New Delhi, has demanded contract details for domestic staff employed by American diplomats and even stopped the mission importing duty-free alcohol.
On Wednesday, it ordered an embassy leisure centre popular with American expatriates in the capital to stop admitting non-diplomatic members, while scheduled visits by US officials to India have been cancelled.
The United States through presidents George W. Bush and Barack Obama has invested heavily in improving ties with India which it has embraced as part of its "pivot" to Asia, designed to check Chinese influence.
India has benefited from US backing to gain access to foreign nuclear energy technology and Washington has become an important arms supplier and key market for India's software and IT services exports.
The row exposed a gulf in perceptions and values between the two countries.
Khobragade, a wealthy 39-year-old, was seen at home as the victim of heavy-handed policing and her treatment was viewed as a humiliation of a India by the world's superpower.
Domestic servants are routine for the middle classes in India where few employees have contracts, many are abused, and none make even a fraction of the US minimum wage.
In the United States, there was little public sympathy for a woman allegedly exploiting a vulnerable employee who had lied to bring her to the country.
"We are proud Indians. We may be a poor country but we don't compromise the sovereignty of the country," Khobragade's father, Uttam, told a press conference on Friday.
"We as a family would not like to touch the soil of a country that treats a human being in such a way," he added, saying that Khobragade's children and American husband would follow her to India.
In New York on Thursday, Preet Bharara, the US attorney for the southern district of the city, informed a judge that a grand jury had filed two counts of visa fraud and making false statements against Khobragade.
In an indictment, the grand jury said Khobragade had contracted to pay her servant 30,000 rupees ($573) a month -- double the wages she would probably earn in India, but lower than the minmum wage in the US.
In the alleged fake contract shown to US authorities, Khobragade listed a monthly pay of $4,500 for her maid.
The indictment also accused Khobragade of forcing the servant to work for illegally long hours, initially seven days a week, before she was given off part of Sunday.
Khobragade did not give the servant any days off for holidays, vacation or illness, telling her not to fall sick because of the cost of seeing a doctor, the indictment said.
A statement from the Indian foreign ministry on Thursday read: "At the time of her departure to India, consular Khobragade reiterated her innocence of charges filed against her."
US prosecutors said they extended courtesies to Khobragade but that a strip search -- unthinkable in India against an educated woman -- was standard practice for anyone taken into custody.
US Secretary of State John Kerry has voiced regret over Khobragade's treatment. But he did little to temper the row, with Indian Foreign Minister Salman Khurshid vowing not to stop until he restored the "dignity" of Khobragade.
COMMENTS (28)
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@rollinginmy_grave: That's exactly what U.S. is not skilled in i.e. The sensible and thought-out long term planning. You would laugh over and over when you study the logic and methodology U.S. use in world business and war strategies. But that's exactly what other countries confused about.
India asked the U.S. diplomatic counterpart to leave when US decline to take back its legal allegation against Divya and deported her forthwith without any change in her status. She can not go back to U.S. without facing the allegation of visa and immigration fraud, to even see her family who reside in U.S. as greencard holders. Correct your information please. Thanks!
This Devyani episode has sent a strong message to the world capitals - DO NOT mess up with Indian diplomats, else...... =>> I don't think now any other country would dare to touch an Indian diplomat now. Congratulations India!
@Jack matkin:
Dear Sir, India is a diverse country of over a billion people of all religions, races and languages. You condemn all of them!!. Did you check if the diplomats salary was enough for her to pay her maid the amount needed? What about Union Carbide and the Bhopal disaster. No compensation has yet been paid by this US multinational. Should not their chief exec at that time be stripped and cavity searched? Grow up. there are two separate issues here as summarized by Arindom.
Rex Minor - the premise of your argument is wrong. She was not exempt from local laws as she did not have diplomatic immunity according to the Vienna Convention (she was only a Consular official). Let's not mix the two.
So legally she did wrong. However relationships between two governments are not based based solely on legalities, as does relationship between two business people not based solely on contract. Legal documents are only used in the worst case scenario. For example, American diplomats in Delhi were allowed a lot of facilities that Indian diplomats in New York did not get.
Apart from the wrongs she did, I think the US majorly goofed up on two things:
1) They could have had a quiet word with the Indian government and gotten her removed rather than allow an ambitious public prosecutor create an international incident for his career reasons;
2) They should not have smuggled out Sangeeta Richards family surreptitiously thus subverting an ongoing case against the maid in the Delhi High Court. This action basically said - We don't give a toss about your legal matters.
I think these were the two major things that blew the lid on this and got the Indian Govt fuming.
I already told that this is what would happen. After all this posturing USA was forced to let Devyani go. @unbelievable Before trying to bring justice to all in quixotic manner, USA should try to bring some justice to their own land first. Outsourcing the prisons to other countries and then claiming to be champion of Human Right can only fool themselvs. .
@rollinginmy_grave:
Sorry, but your narrative is as much out of context as those of the yanks! This is not to say that there is any inaccuracy in yours or the Americans commentry. The fact ist that the lady Indian diplomat who is exempt from local laws, was arrested and treated like an ordinary local criminal! This is against the norms of a civilised Nationte as well as against the vienna convention specified standards for diplomats. Indian Government response has been mild against the use of excessive force by the city admnistration. Remember the treatment which the President of the world Bank received at the hands of the New York police and the judiciary after the Hotel maid complained of forced sex.
PS Mr Kahn had the diplomatic immunity, was set free by the Grand jury but lost the nomination as the Presidential nominee for the socialist party in France.t.
Rex Minor
Been reading a lot of comments in different forums, especially the moralising hypocritical and ignorant comments by the Americans. Let me state a few facts:
1) According to an international agreement (probably the Vienna Convention), all embassy compounds and diplomat residences are considered the visiting country's territory - i.e the American Embassy and the American diplomat's residences are American territory for example;
2) These facilities are manned by staff of local countries, who are paid local wages;
3) So the American State Department pays below American minimum wage on its territories across the world;
4) A 2009 State Department report stated that the average wage paid by Americans in its facilities in most parts of the world was less than a dollar a day (source below)
5) Did the State Department take action - oh no......why bother!
6) Does the American public froth at their mouth with indignation - no, of course not! Does the American public buy their fancy clothes at throwaway prices manufactured in different parts of the developing world manufactured in unacceptable conditions? Absolutely! Did a number of employees at FoxConn (Apple's supplier in China) commit suicide? Yes. Did the Americans give a sh@t? Nope
An article on how the American State Department underpays and the first para of the article goes like this and I quote: "A new State Department report says some local employees hired by U.S. embassies and other posts around the world are so poorly paid they have to cut back to one meal a day or send their children to peddle on the streets"
Link to this CNN article - http://edition.cnn.com/2009/POLITICS/05/13/state.employees.pay/index.html?iref=werecommend
How US Can do this? I m going to expose US in my show at 10:03. Pls watch our show so we can get some TRP.... Please.. In this there is clear involvement of india nd U.S.
There was a recent commentary on USA TV where they pointed out that diplomats of a number of countries bring their locals into the USA and treat they as virtual slaves - and the USA has decided to eliminate that practice. The USA isn't picking on India but has decided to eliminate what amts to slavery/abuse by cheap foreigners who think they are above the law. For those Indian's who think it's OK to pay less than NYC minimum wage because it's more than they make in India - try visiting an Indian restaurant for dinner in NYC - last time I ate there it cost $70 a plate and I suspect many decent restaurants charge $40+ per person. Cost of living in NYC is outrageous and imo NYC minimum wage is still on the low side.
I dont care whether India begged US for mercy or actually twisted their arm to get the job done. They got their citizen back. We can learn a thing or two.
@Jack Matkin: Comments from an uninformed typical arrogant American. Look inside and see how duplicitous the Americans are when it comes to international relations. As late as 1960, blacks had no civil rights in USA. You think there are no rapes in USA. Forgetting how young girls and kidnapped and confined for tens of years in back houses in USA and impregnated with multiple children? Forgetting how every week school children are shot by mad gunmen? Forgetting how US has been snooping the world over? Average Indian might be low paid but is not under huge debit like average American. Look inside before you give these high sounding lectures.
@Maverick: looks like cavity searches are common and celebrated in America
Kack matkin :People are people everywhere. Our income per year is only 1400 USD. Our cost of living is also low. True, we are third world country, But you must know more women get raped in NY itself. We also do not think that you can go inside schools/universities and go on shooting rampage.
@Jack matkin And Americans are War mongers who bring death and destruction everywhere.
@Khurramnazir: Lol!!Only 3rd world Country no its 10th or 20th world country! #brainwash
@Jack matkin: You are frustrated. You guys had to eat crow and it is hurting. Are you not regretting taking Davis out of Pakistan?
@Jack matkin: Dont worry i can understand your feeling ;)lool
This woman has finally been deported which is what the US government should have done in the first place.
She will receive a hero's welcome in India because crimes like visa fraud and slavery are common place and are actually celebrated!
Pretty face, twisted heart; as in thank god she's out of our country. My experience with Indians is they are pervasive liars. Some of them are darn smart though. They are still a third world country and seem to be known internationally for abusing people as in regularly gang raping women like its okay. Average salary in India $1400 a year.
Campare this incident with regular US drone attacks in Pakistan and Afghanistan killing innocent civilans as a by product. The cost of coozing up with USA is high and those looking for it should to ready to bear with it. On a lighter note; it serves the Indians well !!
Pakistan should protest with US - how come US allowed her to run out of country? Justice must be served. Pakistan should raise this in UN. Pakistan can not let India go away like this after all Pakistan has its role in world.
@Arindom: Spot on
Its 2014 guys! World Order changing! Its new world of BRICS.. USA will be next UK in coming decades!Time has changed! America has changed! India has Changed! All this row showed this...!
Valuable Lessons to be learnt from the whole episode : 1) US must not treat third-world countries like dirt. 2) Indians must open their eyes to the way they treat their domestic servants (stop feudal attitude). They must be treated with justice, equality under an environment a legal employer-employee relationship. Regularise all servants and give them employment laws' protection. 3) US must stop ( to ALL) inhuman & barbaric procedures like cavity-search and handcuffing - especially when the person they are arresting is only on suspicion and pose no threat. 4) Khobragade and her Father must be separately investigated for their role in Adarsh Scam and how Khobragade came to own reportedly over 10 properties. If they have indulged in corruption, she and her father need to be prosecuted in India under Indian Law. 5) India must not get carried over by US talk like "Strategic Ally" etc (or, as Manmohan , got carried over by dinners at the White House. - didn't know kebabs were his weakness!!)