Devyani Khobragade case on backburner, US poised to irretrievably lose unilateral privileges

[Contrarian]

Sure. Khobragade brought someone over from India to the U.S. with the deliberate, premeditated intent of paying her below the legal minimum wage for her services. That's human trafficking, which is considered a type of slave labor.

The U.N. and International Criminal Court class human trafficking as a "grave crime", thus Khobragade, as consul, carries no immunity from these laws.

The term slave labour only applies if the labour in the case were to be brought and made to work without willful consent.
In this case the entire staff of maids is employed by GoI.
They are made aware of their salary under contract already signed in India before their employement period begins.

They can quit their jobs at any moment they chose and would be given flight tickets immediately back to India.

Thus the word slave labour is simply a way to make the issue sensationalist without adding substance and merely meant to degrade the position of Khobragade.

I'll add that Khobragade made her offense worse by using her power as consul to revoke her employee's passport at the first sign of trouble, thus confirming that it was always Khobragade's intent to control her maid's movements.

That is the standard operating procedure.
When the employee goes missing for days at end, it is reported to the Indian Govt and her(employee's) passport - which is a diplomatic passport issued by GoI - is revoked. The maid did what many maids do - jump to find greener pastures in the US.

 

[Solomon2]

The term slave labour only applies if the labour in the case were to be brought and made to work without willful consent.

Find in international law where that exclusive definition applies.

 

[Contrarian]

Find in international law where that exclusive definition applies.

You are the one who is using the term slave labour are you not Solomon. My position is that is it a wage dispute. Not much different from the thousands of workers in US who are paid below US minimum wages. And even then, this case is muddled, as a contract is signed in India with GoI before the worker went to US - also under a GoI diplomatic passport.

Should that not put the burden on you to show how exactly and in accordance to which international treaty is this case slave labour. What constitutes slave labour exactly - per conventions.

 

[Solomon2]

What constitutes slave labour exactly.

I did define slave labor. You're hooked on "consent". What has long been recognized is that in these cases "consent" is not very different from "compulsion"; hence, "consent" is not recognized as an excuse.

 

[dray]

One aspect that has caused much rancor, besides the larger issue of diplomatic immunity to consular officials, is the treatment of Indian diplomats at US airports (some of whom have been subjected to special pat downs because of their attire) compared to their US counterparts in India who breeze through with special security clearance. It's another matter - and one the Indian diplomatic corps chooses to gloss over - that the prevalent VIP culture in India is an enabler of such special treatment, which the US side says they does not insist on, except where there are security considerations.

Then why Nancy Powell cancelled her trip to Nepal, hypocrites?

 

[Contrarian]

I did define slave labor. You're hooked on "consent". What has long been recognized is that in these cases "consent" is not very different from "compulsion"; hence, "consent" is not recognized as an excuse.

No you did not. Please give us the exact definition used in the Conventions.

Secondly, if you think Consent is equal to Compulsion, it still does not take away from the original premise.
I use the word compulsion now to satisfy you and still am happy to inform you that no employement under GoI is under compulsion or forced. Exactly zero/nil/Nada.There are hundreds of thousands of people who compete to get employement under GoI just for these benefits - insurance, medical, a house, etc. This includes the aforementioned employee.

So I await you giving me the exact definition of what constitutes slave labour under the Convention - because that maid/employee did not work under compulsion.

 

[dray]

These privileges are stupid. Apart from an ego boost, they serve no real purpose. I don't understand why our diplomats want them and assume that they will hurt the Americans.
All I hear are the following
1) Security checks at airports
2) Parking
3) Taxes on Liquor and other inconsequential imports

Now they can be arrested in India for serious crimes, their family members are not enjoying any immunity at all, they will pay taxes in India for any economic activity and job in India, and some more also. The cut down privileges now matches those given to our diplomats & consulate staffs in US.

 

[Solomon2]

So I await you giving me the exact definition of what constitutes slave labour under the Convention - because that maid/employee did not work under compulsion.

Keep waiting. I'm getting tired of doing all the work - not just for you. You're not a stupid person and can google it up, research it, etc. Remember, this is all for your edification, not mine.

 

[faithfulguy]

Care to tell how India's business will be hurt ?

You know how much the maid was getting paid ? INR 30k. Now when converted to dollars its pretty less but thats what IT guys in services based companies like Infosys and TCS gets to take home.

On top of that her food and lodging was fully covered..the thing which costs the most in US.

You guys keep harping that the maid was tortured and shit but with all the proofs india will show when the case goes to court will only show the US high handedness ..

Why are you in defense of violation of US law? When in America, follow the American labor laws. How much US paid translate to India currency is irrelevant as your currency crashed this year. So don't blame the US law.

 

[Mike_Brando]

I did define slave labor. You're hooked on "consent". What has long been recognized is that in these cases "consent" is not very different from "compulsion"; hence, "consent" is not recognized as an excuse.

mate just tell me one thing,how on earth can the Indian diplomats pay such salaries to their maids when they themselves are getting around $3k-4k per month.our Consul General in the U.S. gets a salary of around $4.5k per month which is much lesser than what his counterparts get here in India.....

 

[faithfulguy]

Now they can be arrested in India for serious crimes, their family members are not enjoying any immunity at all, they will pay taxes in India for any economic activity and job in India, and some more also. The cut down privileges now matches those given to our diplomats & consulate staffs in US.

The problem is that Indian laws are created for corruption purposes. Everything is base on relationship and money. Anyone can be taken to jail or obscure offenses. I would suggest that America build compounds in major Indian cities under US jurisdiction for Americans. Just like the one we have in Saudi Arabia.

 

[Manvantaratruti]

I did define slave labor. You're hooked on "consent". What has long been recognized is that in these cases "consent" is not very different from "compulsion"; hence, "consent" is not recognized as an excuse.

Total Hubris which is the hallmark of most ignorant and uncouth Americans.

1. Personal staff of Indian consulates are permitted to be paid as per Indian labor laws. There is NO legal requirement to comply to US laws.

2. The only control US has is on issuing the visa based on the claimed salary. In this case, it is established that the maid LIED on her visa form by claiming her salary as 4,500$ which was actually the salary of the diplomat.

3. The US showed further incompetence by granting the maid the visa.

4. The US govt. then showed further bigotry and arrogance by NOT taking action against their errant officer

5. The US govt. then showed further uncivilized action by disregarding the Judicial process in India and actively subverting justice in India.

6. Your lofty claim of 'slave labour' is just a red herring to mask your lies and deceit.

 

[faithfulguy]

mate just tell me one thing,how on earth can the Indian diplomats pay such salaries to their maids when they themselves are getting around $3k-4k per month.our Consul General in the U.S. gets a salary of around $4.5k per month which is much lesser than what his counterparts get here in India.....

That is irrelevant to the US law. If the diplomat cannot afford a maid, she must do her chore herself. She is not entitled to have maids.

Total Hubris which is the hallmark of most ignorant and uncouth Americans.

1. Personal staff of Indian consulates are permitted to be paid as per Indian labor laws. There is NO legal requirement to comply to US laws.

2. The only control US has is on issuing the visa based on the claimed salary. In this case, it is established that the maid LIED on her visa form by claiming her salary as 4,500$ which was actually the salary of the diplomat.

3. The US showed further incompetence by granting the maid the visa.

4. The US govt. then showed further bigotry and arrogance by NOT taking action against their errant officer

5. The US govt. then showed further uncivilized action by disregarding the Judicial process in India and actively subverting justice in India.

6. Your lofty claim of 'slave labour' is just a red herring to mask your lies and deceit.

Well, get a good lawyer for your diplomat if you don't want her in jail. This is the next step India should do.

 

[Manvantaratruti]

The problem is that Indian laws are created for corruption purposes. Everything is base on relationship and money. Anyone can be taken to jail or obscure offenses. I would suggest that America build compounds in major Indian cities under US jurisdiction for Americans. Just like the one we have in Saudi Arabia.

The problem is US law are created for corruption purpose. Everything is based on racial prejudice, power and money. Anyone can be jailed for obscure offenses especially when you are non white. As to your laughable suggestion of building US compounds in India ......no wonder you guys are considered stupid.

That is irrelevant to the US law. If the diplomat cannot afford a maid, she must do her chore herself. She is not entitled to have maids.

Total Nonsense

India will decide if our diplomat are entitled to maids of not. You get to have NO say in it. so STFU. LOL.

Well, get a good lawyer for your diplomat if you don't want her in jail. This is the next step India should do.

No need. Indian diplomatic muscle is good enough. We shall see, wont we ?

 

[Solomon2]

mate just tell me one thing,how on earth can the Indian diplomats pay such salaries to their maids when they themselves are getting around $3k-4k per month.our Consul General in the U.S. gets a salary of around $4.5k per month which is much lesser than what his counterparts get here in India.....

For a consul to have a maid is a privilege, not a right. If they are unwilling to dip into their own wealth they can employ a U.S. maid service part-time for the cleaning and "rough it" by buying pre-ground spices at the supermarket rather than expect freshly-ground every day.