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

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.

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.

It would be nice if you were a bit slower to speak when you base your talk on ignorance and prejudice.


don't worry your including Councillor and their family member is going to be arrested in India for braking Indian Tax and Visa laws ;).

A) Charges will be :- Forgery , cheating , lying (for councillor family) non bailable warranty under 420 will be imposed and same with councillor.

Come in JAN US people will running around the world crying of help.
 
She does. The maid was "member of the private staff" clearly defined under the Vienna convention. Get educated.
Maid was domestic of a consular officer and her place of employment was outside the consulate. That's outside the Vienna Convention.

I understand Indian diplomats have proposed that in the future the maids be employed by GOI and list the consulate as their place of employment. That sounds like an abuse of the system to me: if accepted, there's not bar I can see to tens of thousands of Indians hired through consulates to work at below-legal-minimum-wage rates in America. The Consular and Diplomatic Conventions don't exist for things like that.
 
Now in JAN month will be tough Time for US as they are living of getting arrested anytime in India. US will working over night to how please India.
 
All the Indian diplomat needs to do is comply with INDIAN Laws. Period.

Article 55
Respect for the laws and regulations of the receiving State
1.Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such
privileges and immunities to respect the laws and regulations of the receiving State. They also have a
duty not to interfere in the internal affairs of the State.
2.The consular premises shall not be used in any manner incompatible with the exercise of
consular functions.
 
Maid was domestic of a consular officer and her place of employment was outside the consulate. That's outside the Vienna Convention.

I understand Indian diplomats have proposed that in the future the maids be employed by GOI and list the consulate as their place of employment. That sounds like an abuse of the system to me: if accepted, there's not bar I can see to tens of thousands of Indians hired through consulates to work at below-legal-minimum-wage rates in America. The Consular and Diplomatic Conventions don't exist for things like that.

Agree , same goes for US school and councillor family members goes also in India. Braked Indian Laws already and now they will be arrested after 13th Jan 2014 .

Article 55
Respect for the laws and regulations of the receiving State
1.Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such
privileges and immunities to respect the laws and regulations of the receiving State. They also have a
duty not to interfere in the internal affairs of the State.
2.The consular premises shall not be used in any manner incompatible with the exercise of
consular functions.

Dont cry when India apply the same law on US councillor and embassy in India and arrested their family member and all of them.

One Case India can now apply against embassy helping the fugitive to escape india law & Land their by make them party of crime and arrest ambassador also.

Now you already brake multiple law as per rule .


Love to see how US reacts when Law apply to them and most of them attested in India citing breaking Indian laws. then US will started crying immunity form Indian law under :))

In that case, than Americans are not safe in a dangerous India. I would suggest that US withdraw our diplomats from India.
We are safer then PAK, China , Taiwan etc.;)
 
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India is fully within its rights to stick to the letter of the Convention. It can't even be held against India that India tightened procedures in response to a U.S. tightening up of law enforcement.

However, I doubt it's the U.S. that is hurt by this. The injury is going to be to Indians who are trying to do business with the U.S. much more than the other way 'round. (Of course, the Nepalese don't like it either, but will they blame India for this or the U.S.?)
I didnt ask wheather India jad rights to withdraw the special privilages......i know that we have the right.....yiu said that US administration will not care ...if so why would the US ambassador to India cancel her trip to nepal? She could have gone to nepal after going through the normal procedures that were allowed for her. Why did she go to the extent of cancelling a nepal visit just because she had to go through security procedures? Does it not tell you that she is expecting special treatment which your country(US) does not give the Indian Ambassador?
 
Article 55
Respect for the laws and regulations of the receiving State
1.Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such
privileges and immunities to respect the laws and regulations of the receiving State. They also have a
duty not to interfere in the internal affairs of the State.
2.The consular premises shall not be used in any manner incompatible with the exercise of
consular functions.

Again, you understand that rule book is not thrown on the faces of diplomats so bluntly, especially when they are from a friendly country?

Do you know that no steps were taken when some 46 or 49 Russian diplomats lied in their Visa form to avail some medical benefits in US? Do you understand that US won't peep into the cavities of any European diplomat? And do you understand that strip search and cavity search shouldn't have been done under any circumstances, so what even if it was done by a lady in a private room.

Do you understand that US would react in a similar manner, or may be in a harsher manner, if we or any other country gives similar treatment to US diplomats?

You are setting up a bad example, many countries have sore on US, what if they start harassing US diplomats and start inserting things in their cavities as per their local laws, and quote this case in their defense?
 
Again, you understand that rule book is not thrown on the faces of diplomats so bluntly, especially when they are from a friendly country?

Do you know that no steps were taken when some 46 or 49 Russian diplomats lied in their Visa form to avail some medical benefits in US? Do you understand that US won't peep into the cavities of any European diplomat? And do you understand that strip search and cavity search shouldn't have been done under any circumstances, so what even if it was done by a lady in a private room.

Do you understand that US would react in a similar manner, or may be in a harsher manner, if we or any other country gives similar treatment to US diplomats?

You are setting up a bad example, many countries have sore on US, what if they start harassing US diplomats and start inserting things in their cavities as per their local laws, and quote this case in their defense?

Now US will feel the heat until US present in private not say sorry , in public he won't say sorry in private he will say sorry.
 
Remove all special priviledge, it should be on reciprocal basis. Only countries that give us special priviledge should get it.
 
Outside of India, this is causing India to lose respect: you're all fools for being manipulated by a tiny class of people - who themselves should be your country's servants! - for their own selfish purposes.

As if US cares about its image outside.

As for the bolded part, we know very well how the colored revolutions are organized using the same argument. Unfortunately, that argument will work with people in weaker countries.

Don't try that trick with us, we are a proud nation. In fact US is controlled by even tinier class of people. Do you need examples, then try listing out the recent list of US presidents.
 
Strong Indian response shocks US officials

India's unusual tough stand on the arrest of its diplomat Devyani Khobragade has forced the US to initiate an "inter-agency review" to look into the lapses that happened in the high-profile case that triggered an uproar in India and strained bilateral ties.

The US departments involved in the review include the National Security Council of the White House, the State Department and the Justice Department.

"An inter-agency review is going on right now to look into the lapses that happened in the case," sources.

In a tacit acknowledgement of the fact that there was a "judgemental error" in handling this case, sources said the inter-agency team led by the State Department is "working 24X7" to get it resolved as quickly as possible.

Now that the matter has landed up in the judiciary, a lot depends on the judges too - for which the Department of Justice and the Southern District of New York is being actively engaged.

It is believed that the Department of Defense has expressed its displeasure over the manner in which the entire issue was handled.

At a time, when the
Pentagon is busy reviewing its policy towards Asia Pacific region wherein India fits as a major player in its scheme of things and is eyeing to have a large pie in the modernisation programme of the Indian armed forces, the last thing it would like to see is any strain in its ties with New Delhi, officials said.

A 1999-batch IFS officer, Khobragade, India's Deputy Consul General in New York, was arrested on charges of making false declarations in a visa application for her maid Sangeeta Richard. She was released on a USD 250,000 bond.

The 39-year-old diplomat was strip searched and held with criminals, triggering a row between the two sides with India retaliating by downgrading privileges of certain category of US diplomats among other steps.


The strong Indian reaction came as a "shock and disbelief" here, especially to those who have anything to do with the country's foreign policy, as they had never expected such a strong retaliatory measure from New Delhi.

Top officials of the Obama Administration - in particular those in the State Department, Department of Justice and White House - took it simply a matter of "enforcing" law of the land, which was exploited by Sangeeta to immigrate to the US


Those who matter in the India-US relationships including the government and the lawmakers have now started murmuring that the "pros and cons" of such an arrest was not given a serious thoughtful consideration before giving a go ahead.

"We have taken a hit. We will have to face the consequences," an administration source told PTI.

India has asserted that such an arrest was not only in violation of the Vienna Convention on diplomatic and consular immunity given that she was a member of the Indian delegation to the UN, but also against the letter and spirit of the India-US relationship, which President Barack Obama has been trying hard for the last five years.


Officials here concede that given New Delhi's past track record, it was never conceived by the American foreign policy makers that India would react to the arrest of its diplomat the manner it did after the December 12 incident.

After all, there had been precedent of Indian envoys and top past and present officials being subject to humiliating and disrespectful treatment during their US visits, mostly at the airports, and there was hardly any protest, they said.

But as India said "enough is enough" and raced to withdraw privileges of American diplomats in India, officials here have been "forced to rethink" over their "treatment" and "relationship" with India, which Obama has described as the defining partnership of 21st century.

India's unusual tough stand is being seen here as a reflection of the emergence of a strong and powerful country, officials said even as they continue to defend the decision taken by them to arrest Khobragade.


The Indian assertiveness was visible in the first 100 hours of the arrival of new envoy S Jaishankar who has a pro- US image because of his key role in the historic nuclear deal.

In his initial meetings with officials of the Obama Administration, Jaishankar made it clear that the "stalemate" in the bilateral ties would continue till Khobragade issue is resolved in a respectful manner and New Delhi is assured that its diplomats are treated in a manner in which they should be.

This has come as a surprise to the US.

It is this assertiveness of Indian diplomats and political leaders that is forcing US officials to evolve a fresh policy with India that takes into consideration its sensitivities.

"This (India's reaction after the arrest of Khobragade) is something, we never expected," another official said.

Acknowledging that the US has lost it badly in the media including the social media so far, sources said it is the United States which is to be affected the most if there is a stalemate in the relationship.

The withdrawal of diplomatic privileges to American diplomats in India is just the tip of an iceberg.

Given that India is seen in the third world countries as a leader, any withdrawal of diplomatic privileges
here could set a bad precedent and could soon be followed by other countries too, officials here fear.

Not only this the US is expected to come under a lot of "pressure" from other Asian countries in particular those in the Asia Pacific region including Japan, as they consider India as an integral part of any effort to contain China, officials said.

India too understands the importance of this relationship in the overall context of its national security, in particular in its immediate neighborhood in the North and the West, sources said, adding that any deterioration in the relationship is not in the interest of New Delhi as well.
 
Maid was domestic of a consular officer and her place of employment was outside the consulate. That's outside the Vienna Convention.

I understand Indian diplomats have proposed that in the future the maids be employed by GOI and list the consulate as their place of employment. That sounds like an abuse of the system to me: if accepted, there's not bar I can see to tens of thousands of Indians hired through consulates to work at below-legal-minimum-wage rates in America. The Consular and Diplomatic Conventions don't exist for things like that.

WRONG. Every employee declared as member of the private staff of the diplomat gets covered under the Vienna convention irrespective if they work in the consular office or the residence of the consular officer. They could be body guard, nanny or the gardener etc.

Kindly post link to your claim of what Indian diplomats have proposed.

You are nobody to claim the relevance of diplomatic conventions established for 100's of years. Such claims only reeks of arrogance and ignorance. A deadly combination.

Article 55
Respect for the laws and regulations of the receiving State
1.Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such
privileges and immunities to respect the laws and regulations of the receiving State. They also have a
duty not to interfere in the internal affairs of the State.
2.The consular premises shall not be used in any manner incompatible with the exercise of
consular functions.

WRONG again.

The article you have quoted refers to diplomats not indulging in spying and breaking the law of the host country. i.e. "duty not to interfere in the internal affairs of the State"


The employment of consular staffs and their pay is covered under Article 47.

Article 47
EXEMPTION FROM WORK PERMITS

1. Members of the consular post shall, with respect to services rendered for the sending State, be exempt from any obligations in regard to work permits imposed by the laws and regulations of the receiving State concerning the employment of foreign labour.

2. Members of the private staff of consular officers and of consular employees shall, if they do not carry on any other gainful occupation in the receiving State, be exempt from the obligations referred to in paragraph 1 of this Article.



Try your tricks to obfuscate the issue with some of the other dumb posters in pdf.
 
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Again, you understand that rule book is not thrown on the faces of diplomats so bluntly, especially when they are from a friendly country?
Isn't it ironic that President Obama was awarded the Nobel Peace Prize for furthering international diplomacy?

Do you know that no steps were taken when some 46 or 49 Russian diplomats lied in their Visa form to avail some medical benefits in US?
Doesn't sound like something classed as a "grave crime" by the U.N.

Do you understand that US won't peep into the cavities of any European diplomat?
What do you think was done to Domenique Strauss-Kahn?

And do you understand that strip search and cavity search shouldn't have been done under any circumstances, so what even if it was done by a lady in a private room.
Now you're just off the wall.

You are setting up a bad example, many countries have sore on US, what if they start harassing US diplomats and start inserting things in their cavities as per their local laws, and quote this case in their defense?
I think it would be best to keep facts straight and not try acting on myths. Especially since you underrate the number of countries who resent India's diplomats - a number now increasing every day.
 

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