U.S. seeks to defuse spat with India

[illusion8]

Illusion8, I'm not missing that point, if you read my posts above I specifically addressed that point. Diplomatic immunity does not cover the crimes she committed. As I said before, if she didn't want to expose her children to seeing their mother in that situation, and not be placed with the responsibility of going through this ordeal she should have followed the laws of the land. Instead she falsely imprisoned a human being, forged documents, and committed other yet to be revealed crimes.

You need to read up on the case before coming to any conclusions - there are a couple of more threads here that explains the whole case in precise detail. The maid intended to use a diplomatic visa granted to her to employ herself elsewhere and also to gain American citizenship - she went missing pretending to be on a shopping trip while she was consulting lawyers to get herself US citizenship.

The whole case propped up against the diplomat is false.

 

[PoKeMon]

Not just the minimum wage issue, there is also the issue of lying to the US Government.

There has been no lying.

In visa application the wage of employer is mentioned as 4500 USD not the maid.

 

[VCheng]

There has been no lying.

In visa application the wage of employer is mentioned as 4500 USD not the maid.

Please read the complete document here:

Request Rejected


"DEVYANI KHOBRAGADE prepared and electronically submitted an application for an A-3 visa (the “Visa Application”) through the website for the U.S. Department of State’s Consular Electronic Application Center for an Indian national (“Witness-1”), who was to be the personal employee of KHOBRAGADE beginning in November 2012 at an address in New York, New York. The Visa Application stated that Witness-1 was to be paid $4,500 per month in U.S. dollars. KHOBRAGADE and Witness-1 also signed an employment contract (the “First Employment Contract”) for Witness-1 to bring to Witness-1’s interview at the U.S. Embassy in India in connection with the Visa Application, which Witness-1 did at KHOBRAGADE’s direction. The First Employment Contract stated, among other things, that KHOBRAGADE would pay Witness-1 the prevailing or minimum wage, whichever is greater, resulting in an hourly salary of $9.75.

KHOBRAGADE knew that the First Employment Contract that KHOBRAGADE caused Witness-1 to submit to the U.S. State Department in connection with Witness-1’s Visa Application contained materially false and fraudulent statements about, among other things, Witness-1’s hourly wage and hours worked. Prior to the signing of the First Employment Contract, KHOBRAGADE and Witness-1 had agreed that KHOBRAGADE would pay 30,000 rupees per month, which at the time was equivalent to $573.07 U.S. At 40 hours per week, with approximately 4.3 weeks in a month, $573.07 equates to a rate of $3.31 per hour. However, KHOBRAGADE instructed Witness-1 to say that she would be paid $9.75 per hour, and not to say anything about being paid 30,000 rupees per month. KHOBRAGADE also instructed Witness-1 to say that Witness-1 would work 40 hours per week, and that Witness-1’s duty hours would be 7 a.m. to 12:30 p.m., and 6:30 p.m. to 8:30 p.m. She told Witness-1 that the First Employment Contract was a formality to get the visa.

After the First Employment Contract was submitted to the United States Department of State, KHOBRAGADE told Witness-1 that Witness-1 needed to sign another employment contract (the “Second Employment Contract”). KHOBRAGADE and Witness-1 signed the Second Employment Contract, which provided that Witness-1’s maximum salary per month including overtime allowance will not exceed 30,000 rupees per month. The Second Employment Contract does not contain any provision about the normal number of working hours per week or month.

Witness-1 worked for KHOBRAGADE as a household employee in New York, New York, from approximately November 2012 through approximately June 2013. Notwithstanding the terms of the First Employment Contract, Witness-1 worked far more than 40 hours per week, and Witness-1 was paid less than $9.75 per hour by KHOBRAGADE. In fact, notwithstanding the terms of the oral agreement between KHOBRAGADE and Witness-1 and the terms of the Second Employment Contract, Witness-1 was paid less than 30,000 rupees per month, or $3.31 per hour."

 

[A1Kaid]

US is claiming the Indian diplomat Dr. Khobragade does not have "full diplomatic immunity", hence claim she wasn't immune to arrest.

 

[PoKeMon]

Please read the complete document here:

Request Rejected


"DEVYANI KHOBRAGADE prepared and electronically submitted an application for an A-3 visa (the “Visa Application”) through the website for the U.S. Department of State’s Consular Electronic Application Center for an Indian national (“Witness-1”), who was to be the personal employee of KHOBRAGADE beginning in November 2012 at an address in New York, New York. The Visa Application stated that Witness-1 was to be paid $4,500 per month in U.S. dollars. KHOBRAGADE and Witness-1 also signed an employment contract (the “First Employment Contract”) for Witness-1 to bring to Witness-1’s interview at the U.S. Embassy in India in connection with the Visa Application, which Witness-1 did at KHOBRAGADE’s direction. The First Employment Contract stated, among other things, that KHOBRAGADE would pay Witness-1 the prevailing or minimum wage, whichever is greater, resulting in an hourly salary of $9.75.

KHOBRAGADE knew that the First Employment Contract that KHOBRAGADE caused Witness-1 to submit to the U.S. State Department in connection with Witness-1’s Visa Application contained materially false and fraudulent statements about, among other things, Witness-1’s hourly wage and hours worked. Prior to the signing of the First Employment Contract, KHOBRAGADE and Witness-1 had agreed that KHOBRAGADE would pay 30,000 rupees per month, which at the time was equivalent to $573.07 U.S. At 40 hours per week, with approximately 4.3 weeks in a month, $573.07 equates to a rate of $3.31 per hour. However, KHOBRAGADE instructed Witness-1 to say that she would be paid $9.75 per hour, and not to say anything about being paid 30,000 rupees per month. KHOBRAGADE also instructed Witness-1 to say that Witness-1 would work 40 hours per week, and that Witness-1’s duty hours would be 7 a.m. to 12:30 p.m., and 6:30 p.m. to 8:30 p.m. She told Witness-1 that the First Employment Contract was a formality to get the visa.

After the First Employment Contract was submitted to the United States Department of State, KHOBRAGADE told Witness-1 that Witness-1 needed to sign another employment contract (the “Second Employment Contract”). KHOBRAGADE and Witness-1 signed the Second Employment Contract, which provided that Witness-1’s maximum salary per month including overtime allowance will not exceed 30,000 rupees per month. The Second Employment Contract does not contain any provision about the normal number of working hours per week or month.

Witness-1 worked for KHOBRAGADE as a household employee in New York, New York, from approximately November 2012 through approximately June 2013. Notwithstanding the terms of the First Employment Contract, Witness-1 worked far more than 40 hours per week, and Witness-1 was paid less than $9.75 per hour by KHOBRAGADE. In fact, notwithstanding the terms of the oral agreement between KHOBRAGADE and Witness-1 and the terms of the Second Employment Contract, Witness-1 was paid less than 30,000 rupees per month, or $3.31 per hour."

Thats their version.

Can you tell me what you think is the salary of consular herself?

And what US laws says about max working hours in a day? Then calculate if it sums to 4500 USD or not going even by 10 USD per hour.

 

[VCheng]

Thats their version.

Can you tell me what you think is the salary of consular herself?

And what US laws says about max working hours in a day? Then calculate if it sums to 4500 USD or not going even by 10 USD per hour.

Those statements are part of the official indictment which are made on the basis of available evidence. Now let's see how the case proceeds in court.

 

[PoKeMon]

Those statements are part of the official indictment which are made on the basis of available evidence. Now let's see how the case proceeds in court.

Today I heard of debate between indian former ambassador to US and a US lawyer, here it was clearly mentioned that no where it was stated that maid would be given 4500 USD but the salary of employer is 4500 USD i.e indian consular.

Lets see how it goes.

But the major rift is because of the way she got treated.

 

[VCheng]

Today I heard of debate between indian former ambassador to US and a US lawyer, here it was clearly mentioned that no where it was stated that maid would be given 4500 USD but the salary of employer is 4500 USD i.e indian consular.

Lets see how it goes.

But the major rift is because of the way she got treated.

I am quite sure that this incident will be patched up given the overall picture between the two countries.

 

[idune]

1. A South Asian (I'm including the entire SAARC) will definitely bring or share a home country maid/"servant" when posted in a developed country.

Typical indian deception - indian hiding behind "South Asia" label when committing crime. We have seen it in Singapore when indians committed crime they used "south asian" label. And now when indian diplomat committed crime indians trying to use "south asian" again. Indias do not have any slef respect?

 

[KingMamba]

Do I even know "what are standard operating procedures are?"

our?



Go back to school kid, your grammar and understanding of the term "diplomatic immunity" are severely flawed.

1) She was a low level diplomat not held to the same standards as higher ranking "real" diplomats.

2) diplomatic immunity does not give you the right to do whatever you want, and allows immunity to a very limited and specific set of laws.

You have more than an iota of common sense, so I'm sure you already knew this before you posted your wildly incorrect comment, correct?

 

[kbd-raaf]

Do I even know "what are standard operating procedures are?"

our?



Go back to school kid, your grammar and understanding of the term "diplomatic immunity" are severely flawed.

1) She was a low level diplomat not held to the same standards as higher ranking "real" diplomats.

2) diplomatic immunity does not give you the right to do whatever you want, and allows immunity to a very limited and specific set of laws.

You have more than an iota of common sense, so I'm sure you already knew this before you posted your wildly incorrect comment, correct?

He's doing his best, don't be a grammar Nazi.

1) She's DEFINITELY not a low level diplomat, she's second from the top in the consulate. The deputy consul general.

2) Refer to previous indiscretions from American diplomats. Diplomatic immunity certainly applies for this case, especially when the US has argued that it applies for cases of manslaughter etc.

 

[Beidou2020]

Well done US. Punish that Indian for breaking rules. Indians think they are above the law. India can only cry.

This Indian woman got cavity searched. lol.

 

[idune]

This Indian woman got cavity searched. lol.

I am not sure what prompted US not push the envelop further which it definitely could. They must be disappointed in the search.

 

[sincity]

I am not sure what prompted US not push the envelop further which it definitely could. They must be disappointed in the search.

There isn't a malicious intend to humiliate this women, just normal prison procedure to make sure no contraband can smuggle into the prison system, since she a criminal suspect, the prison guard treat like every inmate during intake and processing moment.

 

[shuttler]

india exposed yet once again!
where are your aliies?
what goes around does not come around for india afterall the heavy cheerleading toils for the warmongers!
On the bright side you people should be thankful she was not jailed with sex offenders.

What a circus!