Devyani Khobragade issue not closed yet, India tells US

[cyphercide]

It would be a flimsy excuse, if it was a legitimate crime. For example, if a civil servant caught for taking bribes says that, it will not matter - he will still have to be punished for his crime, whether others are caught and punished or not.

In this case, the US govt itself (for very good reason) has been allowing this practice for diplomats from a hundred or more countries. The minimum wage law in the US cannot be a basis for prosecuting a diplomat, who is paid for by the home country. Morally and legitimately, there is nothing wrong in our diplomats not paying their maids a bigger salary than the President of India receives. And logically, there is no other option.

The "lying" during visa application happens only because the US has not (yet) modified its visa rules to allow for the special case of diplomats. But although the law exists in letter, it does not exist in spirit. As explained, the US has been allowing this practice for everybody. The fault lies with the US in not legalizing what it has been allowing all these years.

That is why "everybody does it" has to be pointed out in this particular case. Because the law she purpotedly broke is itself illogical and can never be applied anyway.

In the absence of any written understanding between the two nations, citing common practice is neither a sound legal defense or even any measure to quash legal proceedings against a person. Of course, there's no moral or legitimate riders on Devyani not paying her maid a higher salary than herself. But then again, she wasn't indicted for that reason. She was indicted by a grand jury for visa fraud and making false statements.

India knows it well. This isn't the first time such an incident occurred. But now that we are sorting the relevant issues, we would be better placed from a legal standpoint and not just go by logic next time.

 

[janon]

In the absence of any written understanding between the two nations, citing common practice is neither a sound legal defense or even any measure to quash legal proceedings against a person. Of course, there's no moral or legitimate riders on Devyani not paying her maid a higher salary than herself. But then again, she wasn't indicted for that reason. She was indicted by a grand jury for visa fraud and making false statements.

India knows it well. This isn't the first time it happened. But now that we are sorting the relevant issues, we would be better placed from a legal standpoint and not just go by logic next time.

On the contrary, we can ONLY go by logic and not by the law, unless the illogical law is changed. As long as their law states that our diplomats have to pay American wages to their maids, there is no way they can follow that law.

 

[cyphercide]

On the contrary, we can ONLY go by logic and not by the law, unless the illogical law is changed. As long as their law states that our diplomats have to pay American wages to their maids, there is no way they can follow that law.

Hmmm...I wonder which one of them would be upheld in an American court? American law or Indian logic?

To answer your other query, India intends to register all domestic help provided to diplomats overseas as government employees thereby not having to conform with American wage standards. So you see, we can solve this problem without going about changing the "illogical" US legal system.

 

[Indo-guy]

Hmmm...I wonder which one of them would be upheld in an American court? American law or Indian logic?

To answer your other query, India intends to register all domestic help provided to diplomats overseas as government employees thereby not having to conform with American wage standards. So you see, we can solve this problem without going about changing the "illogical" US legal system.

Off course easiest way for us is to find 'legal' or ' technical' round way about this ' illogical law ' ..but then that does not make the law any better or superior .

Sooner or later US will have to realign this law to ground realities or find out ways to skirt around it ...because no way they can go on arresting diplomats of all those countries and hamper their relations ...or see their own diplomats being targeted for such an actions ....

 

[cyphercide]

Off course easiest way for us is to find 'legal' or ' technical' round way about this ' illogical law ' ..but then that does not make the law any better or superior .

Sooner or later US will have to realign this law to ground realities or find out ways to skirt around it ...because no way they can go on arresting diplomats of all those countries and hamper their relations ...or see their won diplomats being targeted for such an actions ....

Sure. However, it is their system and would be solely their prerogative if or what they want changed. Sure as I wouldn't want any American coming and lecturing us about the inherent flaws of the Indian legal system and the laws they want thrown out, I would extend the same courtesy to their way of doing things. Civil disobedience can't be practiced on foreign lands and foreign laws.

 

[Indo-guy]

Sure. However, it is their system and would be solely their prerogative. Sure as I wouldn't want any American coming and lecturing us about the inherent flaws of the Indian legal system and the laws they want thrown out, I would extend the same courtesy to their way of doing things. Civil disobedience can't be practiced on foreign lands.

We did play Diplomatic disobedience although....and managed to wrangle our way out ...

The move to get government employee status to maids is the best recourse to American insistence to uphold their Minimum wage law ...now we don't have to bother about it ...and American's won't have any say about it .

But that's for India ...other countries will have to follow India's suit or risk exposing their diplomats to American law ...

In the end ...people will find the way to skirt around this law ...which is the defeat of the law itself .

 

[Kloitra]

So there is one more Congress supporter on PDF, I see! You are an endangered species in these parts.

Call spade a spade. For all its shortcomings, Indian government, irrespective of the party maintained a strong front dealing with international issues.

 

[cyphercide]

The move to get government employee status to maids is the best recourse to American insistence to uphold their Minimum wage law ...now we don't have to bother about it ...and American's won't have any say about it .

Yup. The move would also grant such staff working abroad protection from abuse and secure wages. Everybody wins.

 

[janon]

Call spade a spade. For all its shortcomings, Indian government, irrespective of the party maintained a strong front dealing with international issues.

I didn't dispute that. I only remarked on the presence of a rare Congress supporter here.