Indian Diplomat Khobragade’s ‘human rights’ treatment shows how grateful US is to India
Posted on January 12th, 2014
Shenali D Waduge
Firstly, what must be said is that if Devyani Khobragade did wrong whether she is an American, an Indian or a diplomat a wrong is a wrong. Both India and Ms. Khobragade has to accept this. Therefore, the question of her innocence is not what is being argued. What is under discussion is for forging a document did the Indian diplomat have to be strip searched, cavity searched and DNA swabbed. How does stripping clothes of a diplomat have anything to do with a forged document? Given that the authorities decided to arrest because they had sufficient proof all that needed to be done was to arrest her, inform the Indian mission and question her, charge her and send her back. If every person arrested in the US are privy to this type of high standards of US human rights treatment, India in cahoots with US drawing resolutions together should really have nothing to complain about. We do recall the human rights nods that other allies of the US received – Gaddafi was dragged out of sewer and killed ‘humanely’, the US President and entire Military watched unarmed Osama being murdered, Saddam had his tooth plucked out with virtually the whole world watching and then a kangaroo court tried him and he disappeared – so with India proud of being an ally, it has nothing really to complain about. Now that the video of the diplomats strip search has been released and the entire world is privy to the high standards of human rights treatment US demands other nations to follow, all we can say – No thank you, our ‘uncivilized’ methods look far nicer than the way the video shows how even diplomats are treated.
US Supreme Court allows strip searches
In 2012 the US Supreme Court ruled that officials may strip-search people arrested for any offence however minor. So that rests our argument about Devyani’s forged document warranting a strip search! In the US people may be strip-searched after arrests for driving without a license, failing to pay child support, driving with a noisy muffler, failing to use a turn signal or even riding a bicycle without an audible bell. Even a nun had been strip-searched for trespassing during a demonstration. Even an 85 year old granny had been strip searched! This means minor or major – strips searches are allowed in the US. That leads us to the next question was George Zimmerman accused in the murder of black youth Travyon Martin also strip searched… not really and he was found ‘not guilty” of the murder too. There you have US justice!
Here is the video of the search which is going viral through social media. US says the video is a hoax and if so it just shows that the US has got a taste of its own medicine – lying over social media! http://www.youtube.com/watch?v=qjcQwuhcnmg
What needs to be said though is that even if the person on video is not the Indian diplomat it shows all viewers how they are likely to be treated in the US if arrested whether guilty or not. This is why New York City Defense Attorney Ron Kuby said “Everybody is treated in exactly the same disrespectful, casually brutal and arrogant fashion.” This is how human rights happens in the US of A.
This is the official chargesheet against the Indian diplomat http://www.justice.gov/usao/nys/pressreleases/December13/KhobragadeArrestPR/Khobragade,%20Devyani%20Complaint.pdf
As for India, woken up from being mesmerized by America’s ‘ally syndrome’ India’s reactions to the treatment of its diplomat was to retrieve all IDs of US diplomats in India, demand salary details of Indians working for US diplomats and families, removing the barricades outside the US embassy, ordering the cessation of any commercial activity inside US embassy compound, closing the Embassy Club to non-diplomats, downgrading privileges for US diplomats,
When India’s External Affairs Minister Khurshid says “we expect a friendly country like the US to what a friendly country does’ – surely he could not have forgotten what happened to America’s one time friends Osama, Gaddafi, Saddam, Noriega and scores of other leaders… so who is Devyani Khobragade to be given treatment that the US did not give these leaders!
India is insisting on a formal apology from the US and the withdrawal of the charges – but what happened to Devyani is just standard procedure in the US. This however, means that India would gain a leverage politically over the US and if that is the direction that India should exert pressure, India must now realize that the incursions by the US into Asia is going to be a very dangerous scenario in time to come whether US comes in as a friend or not.
India must now decide which direction India wishes to take geopolitically and in the interest of the entire region. However, modern Indian servility has become a bane to India. A handful of Indian ruling elite are so mesmerized in ‘belonging’ to the West’s ‘inner circle’ that are creating for India the exact replica of what happened to Yugoslavia. It is a matter of time that India will become balkanized and it has itself to blame for in going behind the West it has jeopardized its own territory and distanced itself
For the rest of the world watching the theatrics taking place we have to wonder whether any of it is being stage managed given that we are well aware of the lies, false flags and hypocrisies taking place.
January 13th, 2014 at 6:00 am
The debates so far, concerning the arrest of Devyani Khobragade on charges of visa fraud, have omitted the nature of the crime Devyani Khobragade has committed. The crime alleged against Devyani Khobragade, is that of furnishing false documents to obtain US visa for a migrant labour to the USA. Read with the complaint made by Devyani Khobragade’s domestic maid – the migrant labour brought to the US – the offense would amount to human trafficking.
The response by India, in support of Devyani Khobragade could at best be viewed as a resonation of the privileged Indian philosophy, one that always seeks to claim privilege against equality before law. When the law draws no exceptions for an accused, irrespective of the class and status the accused enjoys in private and official life, the Indian elite often claims unfairness.
An Indian elite arrested, held during pre-trail detention with others having similar legal status (accused and arrested of crimes), and having to undergo procedures set forth for those held in pre-trial detention is an exception in India. In countries where law-enforcement, generally, doesn’t discriminate according to social status, things differ.
It is the lack of appreciation for equality before law, a concept seldom practiced in India, which has reflected in India’s response to the arrest of Devyani Khobragade in the US. The Indian media’s response is equal to that of the Government. No talking head or news outlet highlighted the serious nature of the crime Devyani Khobragade is accused of, one involving human trafficking. This despite many Indian editors having pledged their support to prevent the crime of human trafficking in the region. Is the Indian media simply unaware that importing migrant labour with an intent to pay wages lower than the statutory minimum wage, thereby exploiting the vulnerability of an ‘imported domestic maid’, is, in fact, human trafficking? What disconnects the dots?
India has ratified the United Nations Convention against Transnational Organised Crime on 5 May 2011. However, the Government of India’s position concerning the diplomat’s case is that “the maid” in question had “signed voluntarily” an employment contract, for a lower rate of wages and therefore the case would not be one of human trafficking.
The problem with this position is that law prohibits contracting out. In addition, it has placed the accused Devyani Khobragade in a precarious position of having to prove her onus in getting her maid to sign an employment contract that Devyani Khobragade knew would violate US law.
Further, the government’s position confirms the charge against Devyani Khobragade that she did, in fact, file visa papers in the US knowing that the content is false. To say the least, the India’s position, intended to save Devyani Khobragade accused of visa fraud and human trafficking, would corroborate the charge against Devyani Khobragade. One may only feel sorry for the quality of legal advice the government has received in this case.
Worse still is the Minster for External Affairs’ promise to the Indian parliament, that he would not return to the House, without settling the case with authorities in the US. This underlines the minister’s disrespect for India’s obligation under international law to prevent human trafficking and the belief that his office can threaten and bully the process of law in other jurisdictions. What the minister negated through his assurance in Parliament is his constitutional promise that his office will uphold the rule of law at all costs. Unfortunately, the parliamentarians applauded the Minister’s promise to violate the law in India and his avowed attempt try and force an alien jurisdiction to do the same.
India’s subsequent act, to assign Devyani Khobragade to India’s permanent mission at the UN in New York, is the most dismal of actions linked to this controversy. It not only reduces India’s stature among the member states at the UN, but also strengthens allegations against India that its participation at the UN is often limited to window dressing. At the very least, India should not have joined the infamous league of states that use the UN as a repository of diplomats charged with serious crimes.
Devyani Khobragade has left the USA after being ordered to leave the country by the US government, following India’s refusal to revoke Devyani Khobragade’s diplomatic immunity to allow the US government to prosecute Devyani Khobragade. The US government, for its part, understands such a ‘diplomatic spat’ quite well. It has also resorted to such crude behaviour when its own officers, or American citizens contracted by the US government, have been charged with crimes outside the USA.
In the Raymond Allen Davis incident, the US government not only claimed that one of its defence contractors, charged for murder in Pakistan, enjoys full immunity – a tactic that failed to appease the Government of Pakistan. The US government also paid $ 2.4 million to the victims’ families and helped relocate some of the family members of those murdered, thereby subverting all processes of civilized law in a case of murder.
Forcing Devyani Khobragade out of the US implies that the prosecution against Devyani Khobragade in the USA will be in abeyance. Perhaps this was the best way out for the US – to drop the persecution against Devyani Khobragade and still pretend it has not subverted its own rule of law framework, budging to pressure from an alien government.
Equality before law is, however, a universal concept. It is not something for selective application, to protect privileged American or Indian citizens. And, it is not a punishment.
It is guaranteed in the Indian Constitution too. The country and its people would have had a great cause to hold their head high in esteem, had the government chosen to allow the criminal case to proceed, as the rule of law warrants.
Unfortunately, India has chose to use its infamous influence to protract the law from taking its course. India has chosen not to protect the equally important rights of yet another Indian, who, albeit poor, has approached American authorities with a complaint of having been duped and trafficked into the USA.
India’s actions, so far, reiterate that India and its system serves the privileged and that there are two categories of Indian citizens: one that the government serves, the other that doesn’t exist.
January 13th, 2014 at 6:35 am
I try not to be a vindictive person, but some things rankle. Over the years I have felt that India has treated Sri Lanka very badly and never worse than in the way India trained, financed and armed the Tigers and the high handed manner in which Rajiv Gandhi forced the infamous Indo-Sri Lanka Accord down Sri Lanka’s throat. So, when I read of the Khobragade affair it was not surprising that my first impulse was to say, ‘It could not have happened to a nicer mob. Serves the Indians right’. Later I started feeling guilty for feeling this way. It seemed I was lacking in charity.
But no longer. NT, thank you for your contribution. I no longer have feelings of guilt and being uncharitable. You have set out the position very clearly and shown that Khobragade – whilst she did not deserve to be strip searched – is no innocent party, for India to cry foul over the affair. But as NT has said the Indians are good at this game of double standards and selective justice. Serves them bloody right!
January 13th, 2014 at 12:44 pm
Thanks SHENALI as always. I am also intrigued by the response from CASSANDRA, where he says HOW INDIA HAS TREATED SRI LANKA & continue to treat other South Asian countries as THEY ARE SOME KIND OF VICE ROY unelected & un-appointed, to claim leadership in south Asia.
Glad to hear another VOICE in support of Sri Lanka. NOW did not we Sri Lanksns say QUITE loudly that India FIRST created communal upheaval in Sri Lanka & after their own PM Rajiv Ghandi was assasinated ONLY looked for Lanks;s HELP to CRUSH THE LTTE. We did ofcourse with India’s own conditions, ONE- War must be finished before Indian general elections. TWO-.Casualties must be minimal & refused to provide WORKABLE arms & radar to FINISH the job.
At this point USA helped us, providing sofisticated arms to complete the job. USA also said that WAR could have been finished earlier than May 2009, BUT the caualties would be MUCH GREATER. I applaud OUR SOLDIERS for that bearing the BRUNT of the assualt & delayed conculuding the war.
IRC ( international Red Cross) the only other agency allowed to witness the war & posted in the CONFLICT ZONE said what the Americans said. The war could have been finished earlier IF NOT INDIAN demands & loss of many casulaities / lives. THIS IS PROVED in the recent WIKIKI leaks which CONFIRMS USA & ICRC pronouncements.
INDIA conveniently AGREED to 4 to 5 month period in 2009 as a bench mark to START ALLEGED WAR CRIMES where INDIA was not really responsible As Lankan GOVT. quite rightly pointed out WHY ONLY the last few months IT SHOULD COVER the whole 27 years of WAR initiated by LTTE. All the Int. Community has done is to LET INDIA off the hook Because IT IS INDIA who trained these TERRORISTS in Tamil Nadu & other secret locations to DE STABALIZE Sri lanka.
Thanks CASSANDRA & SHENALI for your valuable contribution…………….J
January 13th, 2014 at 3:51 pm
I see this affair as a lesson to learn for Sri Lanka.
When the war crimes allegation started we appointed LLRC which wrongly implied a guilt.
We could have acted the same way as India did, confrontation with the accusers and counter attack , at that time.
Openly expose India’s involvement in terrorising Lankan people, like MR did when he was very young. We must do this even now, it is not too late.
By the way past presidents like JR has done that before parippu invasion.
Catch some US citizens and prosecute.
Catch some British citizens and prosecute.
Catch some Norwegian citizen and prosecute. There are plenty of law breakers from all these countries, abusing our children, women and men on daily basis. If US has done that why cant we do it ?
January 14th, 2014 at 7:45 pm
Devyani Kabaragoya episode is slowly fading away.
Soon Endia and USA will be in bed again. It is another false flag operation.