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@Sashan
The new twist is that the lady worked for RAW, the maid was a CIA mole and the strip search was a message to India.
The fact that she worked in Pakistan reinforces this theory.
nobody would have objected if this was done to a normal citizen.indian expats are doing the mistake of comparing her with themselves.shes did not go there to earn a living she represents govt of india.she is an IFS officer a group A civil servant and GOI gives her certain previlages according to her protocol similar to which it gives to all the other indian diplomats around the world.they include a residence a vehicle,a driver,a nanny/maid fuel,medical expenses and several other benifits either directly or monitorily.so the salary of the maid is given by the GOI. the diplomat herself gets less than the minimum wage so should the u.s register a case against pm of india??there are certain limitations for everything.u.s should not decide what protocols must be provided to our diplomats or what wages they must be given or what nail paint they must wear.the similar way we donot dictate which gender they date..as i said the socio economic conditions of the guest country must be considered.im sure u.s donot give $4500 pm to many people in its consulates across the world.Why do many think that it is a god given right for the diplomats to have a maid or a nanny? Not everyone in US can afford a maid - even the people who earn twice or more than what the consular official under question earn. They end up paying $1000-2000 for day care per child and spend additional dollars for the evenings and weekends if they want baby-sitters and do all the remaining household chores by themselves. And men are pretty handy at doing basic fixes at home as the labor is expensive. Even Indians living here in US do the same. What's good for the goose is good for the gander.
@Sashan
The new twist is that the lady worked for RAW, the maid was a CIA mole and the strip search was a message to India.
The fact that she worked in Pakistan reinforces this theory.
Well this isn't clear to be honest actually . What is known is that immunity attaches with the person who already has it , sure , but does it too when he/she faces charges when under partial or none and later his/her status is changed to full by any means ? I think it does , but this isn't quite simple as it appears . You see the State Dept by agreeing to transfer her to the U.N. will be found by the U.S. court to be in direct obstruction of justice . That puts them in a complicated situation too . Because once she gets the full immunity , she's free to leave , since the Americans do not have jurisdiction anymore . This is the case .
@Solomon2 Tell me about the U.S. State Dept . Can they sign the papers without legal complications knowing well that she cant be prosecuted under the law any longer ?
it is a kind of feeling..that gives immense pleasure. it's like sitting on the top of a mountain and looking down.indian expats are doing the mistake of comparing her with themselves
Khobragade brought Richard into the U.S. with the intent of exploiting her labor by paying a below-minimum wage. Such importation of a domestic was illegal, for it was made possible only by committing visa fraud on the paperwork bearing Khobragade's signature.
Immigration under false pretenses + slave wages = human trafficking for profit - that is, slavery.
Human trafficking is a "grave crime" by the standards of the U.N. and International Criminal Court. Khobragade did not engage in these activities in support of her job, or even her country, but for her own comfort, so she has no immunity under the Consular Convention.
Khobragade is a slaver.
The Consular Convention demands not immunity in such cases, but that "the proceedings shall be conducted with the respect due to him by reason of his official position...When [not "if"]...it has become necessary to detain a consular officer, the proceedings against him shall be instituted with the minimum of delay" and the consul's post be notified.
I see no way Khobragade's case could have been handled differently, as India's embassy ignored the State Dept.'s letter in September; they could have engaged legal counsel after that.
Charged with a felony - a charge usually made only, in federal cases, after grand jury review of evidence - law enforcement is not expected to notify someone that they will be arrested if caught, especially someone considered a flight risk. Arraignment follows arrest, so arrest could not be avoided. By all accounts processing occurred speedily and without delay.
That leaves the issue of Khobragade's treatment: were "the proceedings" "conducted with respect due to her by reason of official position"?
Khobragade was not arrested in public view. According to the USMS she was not handcuffed or restrained. She was offered food and drink. She was given two hours to arrange personal matters: her phone was not seized, she used it not just to contact her superiors but to arrange for child care. She was strip-searched privately by a female attendant. link
These strike me as sufficient courtesies.
These aren't mere claims, you know. There are video cameras everywhere in police stations, jails, and courtrooms. If Khobragade's superiors doubted these matters, they could have asked for video of her processing immediately. The U.S. wouldn't make it public otherwise, of course, for that would be a needless violation of Khobragade's dignity. And the failure of the Indian government to make that request in a timely fashion suggests very well that they knew they were lying when they claimed or insinuated mistreatment.
The details of whether or not her position merited a search is a quibble, but what isn't in doubt is that the U.S. did its very best to follow the Consular Convention - whereas evidence apparently shows that Khobragade did not and her superiors firmly support her alleged criminal activities.
nobody would have objected if this was done to a normal citizen.indian expats are doing the mistake of comparing her with themselves.shes did not go there to earn a living she represents govt of india.she is an IFS officer a group A civil servant and GOI gives her certain previlages according to her protocol similar to which it gives to all the other indian diplomats around the world.they include a residence a vehicle,a driver,a nanny/maid fuel,medical expenses and several other benifits either directly or monitorily.so the salary of the maid is given by the GOI. the diplomat herself gets less than the minimum wage so should the u.s register a case against pm of india??there are certain limitations for everything.u.s should not decide what protocols must be provided to our diplomats or what wages they must be given or what nail paint they must wear.the similar way we donot dictate which gender they date..as i said the socio economic conditions of the guest country must be considered.im sure u.s donot give $4500 pm to many people in its consulates across the world.
Now now - aren't we painting an altruistic picture here of the officials? These are sacrificing angels who represent the country. The A3 visa has well defined clause to hire a maid. Why do these angels need to violate the clause knowingly? The maid service is compensated by GOI. And the salary expected to be paid is something like $1500 per month(with weekends off else it is around $2000). These diplomats pay anything from $120 dollars(for the 17 year old in 2010 case) to $500 to the maids(as seen in various cases). Take that case of $120 per month maid - do you think a diplomat like Neena Malhotra is compensated only $120 per month for maid service?( Devyani looks better compared to her) - So are they trying to short change the maids while getting compensated by the GOI?
Is it still less than the minimum wage for maids in USA?
you are saying that she violated the u.s law.i am saying that u.s should not keep conditions on certain things.GOI need not peep in to their bed rooms.if a person applies a visa as a companion of some other of same gender we all know what it means and it is illegal even now.she claims that she worked 40 hrs a week.did she provided any proof that she worked so long??just because the maid is staying in her house doesnt mean that she working there..nothing was proved and all those are mere allegations which why she was granted a bail until further investigation takes place.so she must be treated atleast with some respect.she was not going to run away any where.they could have treated her with some respect called her to station and arrested her there if theres any problem.Now now - aren't we painting an altruistic picture here of the officials? These are sacrificing angels who represent the country. The A3 visa has well defined clause to hire a maid. Why do these angels need to violate the clause knowingly? The maid service is compensated by GOI. And the salary expected to be paid is something like $1500 per month(with weekends off else it is around $2000). These diplomats pay anything from $120 dollars(for the 17 year old in 2010 case) to $500 to the maids(as seen in various cases). Take that case of $120 per month maid - do you think a diplomat like Neena Malhotra is compensated only $120 per month for maid service?( Devyani looks better compared to her) - So are they trying to short change the maids while getting compensated by the GOI?
At present, diplomats hire their own domestic assistants for which the government reimburses them as per their pay scales.
http://www.thehindu.com/news/national/plan-to-hire-domestic-assistants-on-contract-for-diplomats-abroad/article5498415.ece
And these diplomats are compensated by the GOI for living abroad depending upon the country(not sure where you are getting that they are not paid the minimum). I am not even counting the perks like housing and cars.
And how do you know that U.S pays less than the minimum wage in different countries? The law is abide by the local laws and as long they fulfill it, then what is the issue?
And the choosing of either gender partner was legal till 2 months ago. Going forward, arrest them if the GOI can peep into their bedrooms. Last I know in India, two bros holding their hands or with their hands on each other's shoulders in public is not illegal.
And beyond that, India has already started removing all the extra perks.
Is it still less than the minimum wage for maids in USA?
Mate - I am doing a math of around $8 - the minimum wage for 8 hours in a day for 22 days.