Mid rank, Indian diplomats are normally only allowed to take one domestic servant per trip. The Government pays the air fare and provides an allowance to pay the servant. It is in the diplomat's interest to keep the servant happy otherwise the servant has the right to return to India leaving the diplomat to fend for herself.
Many servants will feel lonely, they may find the climate not to their liking, they may miss their own families. Thus the diplomat needs to ensure that the servant has a good social life and is treated as a member of the family- e.g. being taken along for sight-seeing trips and Community events. Also their Religious needs must be catered for.
Did Devyani keep her maid happy? It appears not because the maid left her. Now the maid was entitled to return to India at Govt. expense if she felt mistreated or if her mental health had suffered in the new country or by reason of family emergency and so on. It was the duty of the Consul General to ensure that her grievances were addressed and that she was sent back safely.
What about if the maid simply absconded? Then the Consulate had a duty to inform the U.S authorities and also to take such steps commensurate with their duty of care- i.e. establish that she was not ill, under duress or at risk of exploitation.
Did anything of this sort happen?
According to the the U.S indictment of Devyani Khobragade-
Devyani's f.i.r accuses Sangita Richards and her husband of various crimes of cheating and conspiring to obtain and retain an official Indian passport for a malafide purpose.
It is poorly written-
This is quite extraordinary. Why is the husband of the maid being accused of cheating and conspiracy and other such crimes? Which ordinary diplomat would proceed in such a high handed way? If Devyani herself, and not her superior officials at the Consulate or the M.E.A, initiated this plot she must be sacked and tried in an Indian Court. If not, she must be questioned as to who ordered her to put her name to the above.
We might suspect that her father acted officiously and she reluctantly backed him up. This would fit the mind-set of the retired I.A.S officer. However, the fact that Devyani made this f.i.r speaks for itself.
I don't know if it is true that Sangeeta Richards demanded to be sent back on her own passport. But it is quite probable as it improved her bargaining position. Devyani had no right to deny this request. Now, the Consul General could have spoken to the maid-servant and promised to redress her grievances. He could have said- 'okay, tell you what, we will pay you for helping out at Consulate parties. We will include you in more sightseeing excursions. We will get you vocational training. We will organize a creche so you and others like you have more time off. One thing, as a matter of urgency, we will ensure you can attend Religious services to your liking.
'One thing we will never do is to say you can't return to India even though you are finding it difficult to cope here. You are a citizen of India same as us. We may appeal to your patriotism to stick it out but we can't deny your right to go home.'
Indian Courts must now take cognizance, by suo moto or other means, of what has happened and send a clear signal to the I.F.S cadre in this matter.
I wonder, had no strip search occurred and if, instead Devyani had been merely subpoenaed, whether Govt of India might have waived civil immunity?
Showing posts with label Khobragade immunity. Show all posts
Showing posts with label Khobragade immunity. Show all posts
Friday, 10 January 2014
Monday, 6 January 2014
Khobragade's ace in the hole.
Devyani Khobragade was in trouble. Her Mary Poppins had absonded. Her dad back at home was accused of having threatened the Nanny's family. She was being accused of Visa fraud and Human trafficking and failure to pay the minimum wage and might even have faced Jail time.
As a 'creamy layer' Dalit- one, moreover, married to a High Caste naturalized American- she stood in danger of becoming a hate-figure for not just jhollawallah types but even the 'Aam Aadmi'. Her glamorous career would stall. She'd be transferred to a desk job in New Delhi or some punishment posting in the Third World. It would take years for her to live down the scandal. She'd also have to pay a hefty fine to a U.S court.
Then, as if Bhagwan Krishna had Himself intervened, everything changed. She was strip-searched. But hers was a Draupati Vastraharanam, by which her antagonists were undone while her innocence was preserved.
As a 'creamy layer' Dalit- one, moreover, married to a High Caste naturalized American- she stood in danger of becoming a hate-figure for not just jhollawallah types but even the 'Aam Aadmi'. Her glamorous career would stall. She'd be transferred to a desk job in New Delhi or some punishment posting in the Third World. It would take years for her to live down the scandal. She'd also have to pay a hefty fine to a U.S court.
Then, as if Bhagwan Krishna had Himself intervened, everything changed. She was strip-searched. But hers was a Draupati Vastraharanam, by which her antagonists were undone while her innocence was preserved.
An Upper Caste Khatri had sought to humiliate the chaste Devyani for the crime of being an 'uppity' Dalit!
She immediately received the offer of a safe seat in U.P. But, Maharashtra will give her something even better. From being tainted by the Aadarsh scam and her own father's maladroit medlings, Devyani was able to emerge as stainless and pure as Draupati from her Disrobing.
Interestingly, it turns out that Devyani actually did have diplomatic immunity by reason of accreditation to the U.N. She claims to have forgotten or not known this at the time of her arrest. Her own ignorance in this matter, or indeed the State Dept's on going refusal to certify her immunity or issue a Statement of Interest, still does not alter the fact that, as a matter of substantive and procedural due process, her arrest was unlawful and thus she can claim a 7 figure settlement for wrongful detention while simultaneously escaping prosecution for visa fraud. In other words, she can have her cake and eat it too.
It's an extraordinary reversal of fortune and all thanks the U.S Marshals Service insatiable desire to gape at the orifices of all and sundry. This, truly, was Khobragade's ace in the hole.
Note- the warrant against Devyani was issued on the basis of an affidavit from a State Dept Diplomatic Security Agent which, in showing 'probable cause' failed, however, to mention her U.N. Accreditation and thus was faulty. Was it also recklessly so?
This may sound reasonable. The guy checked a database and made a couple of phone calls to some other guy. Clearly, it wasn't reckless at all of him, or the guy whom he talked to at Protocol, to just go ahead and sign off on the affidavit which got Devyani strip searched.
So what if SCOTUS decided, in Florence vs Board of Chosen Freeholders, that there is no longer any 4th amendment right not to have some guy shine a flashlight up your arse if you are arrested for even the most trivial offence?
How does this fact impact Protocol?
The answer is that Protocol must make damn sure that America really does have personal jurisdiction over a foreign diplomat before signing off on a probable cause affidavit because, thanks to SCOTUS, America is now a barbaric and perverted country which can't be trusted to respect the human rights of anyone caught up in its corrupt, racist and utterly unfit for purpose, Criminal Justice System.
It now transpires that Devyani had personal immunity. An agent of a State Dept. Agency signed a recklessly false probable cause affidavit because he relied on some guy at Protocol to know his arse from his elbow. Will any of the people responsible for this travesty face arrest themselves? No because no good purpose would be served. Everybody already knows what these shitheads have got up their assholes- viz. more assholes, assholes furiously shitting assholes, while themselves being shat out by assholes and even the American Criminal Justice System- and American Diplomacy is now nothing but an asshole shitting out that asshole while being shat out by it- can't muster up sufficient resources of Perversion and Imbecility to shine its flashlight up that infinite regress of assholes.
Which is why Obamacare is like totally Socialistic and un American and the moral equivalent of Sodomy. Incidentally, did you know Devyani is a Medical Doctor? Maybe, that guy at Protocol, or Proctology, did know and arranged for this dainty little diplomat to get Obamacared but good. That'ill larn her. That'll larn all youse dam dothead sand-nigger scum.
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