News / Asia

US-India Diplomatic Spat Escalates

Policemen stand next to a bulldozer removing the security barriers in front of the U.S. embassy in New Delhi on December 17, 2013.
Policemen stand next to a bulldozer removing the security barriers in front of the U.S. embassy in New Delhi on December 17, 2013.
Reuters
Indian authorities removed concrete security barriers in front of the U.S. Embassy in New Delhi on Tuesday in apparent retaliation for the arrest and allegedly heavy-handed treatment of an Indian diplomat in New York.
 
New Delhi police used tow trucks and a backhoe loader to drag away long concrete blocks from roads running past the embassy and leading up to gates of the compound, a Reuters witness said. The barriers had prevented vehicles from approaching the compound at high speeds.
 
Police and government officials refused to respond to repeated requests for comment on why the embassy barricades were taken away, but Indian television networks, citing unnamed sources, reported that the removal was one of several retaliatory measures that India planned to take.
 
A senior government official, who asked not to be named, said police posted in the area would ensure continued security.
 
“We take the security of all diplomatic missions in India very seriously. Checkposts are provided. This is only an issue related to traffic flows,” the official said.
 
In Washington, the U.S. State Department said it had told the Indian government at a “high” level that Washington expects New Delhi to protect its embassy and stressed it did not want the incident with the Indian diplomat to hurt bilateral ties.
 
“We understand there are sensitive issues involved here,” said State Department spokeswoman Marie Harf. “We don't want this to negatively impact our bilateral relationship.”
 
As the dispute over the diplomat's treatment grew, several top Indian politicians, including the leaders of the two main political parties and the national security adviser, refused to meet with a delegation of U.S. lawmakers visiting India this week.
 
India's National Security Adviser Shivshankar Menon branded as “barbaric” the treatment of the diplomat, who according to Indian media was handcuffed upon arrest last week and strip-searched before being released on bail.
 
Devyani Khobragade, India's deputy consul general in New York, was arrested on Thursday for allegedly underpaying her nanny and committing visa fraud to get her into the United States.
 
Khobragade, who was released on $250,000 bail after surrendering her passport and pleading not guilty to the charges, faces a maximum of 15 years in jail if convicted on both counts.
 
India has become a close trade and security partner of the United States over the past decade, but the two countries have not totally overcome a history of ties marked by distrust.
 
“Everything that can be done will be done, I assure you. We take this thing very seriously,” India's Foreign Minister Salman Khurshid told TV news network CNN-IBN.
 
“We have put in motion what we believe will be an effective way of addressing this issue, but also put in motion such steps that we believe need to be taken to protect her dignity.”
 
Indian television networks said the other steps included checking the salaries paid by U.S. Embassy staff to domestic helpers and withdrawing consular identification cards and privileges such as access to airport lounges for some U.S. diplomats and their families.
 
India's Foreign Ministry and the U.S. Embassy said they were unable to comment on the media reports.
 
Khobragade's arrest triggered a fierce debate in India over how to respond to the alleged mistreatment of the helper.
 
Shashi Tharoor, an Indian government minister and former United Nations diplomat, said many envoys in New York from developing countries were themselves paid less than the U.S. minimum wage, adding that it was unrealistic to expect them to pay domestic staff more.
 
Eyes on election
 
Khobragade falsely stated in her nanny's visa application that she would be paid $9.75 an hour, a figure that would have been in line with the minimum rates required by U.S. law, according to a statement issued last week by the public attorney for the Southern District of New York.
 
The diplomat had privately agreed with the domestic worker that she would receive just over a third of that rate, the public attorney said.
 
With general elections due in less than six months, India's political parties are determined not to be labeled soft or unpatriotic.
 
Narendra Modi, the prime ministerial candidate for the opposition Bharatiya Janata Party, and Rahul Gandhi, the scion of the Nehru-Gandhi family that leads India's ruling Congress party, both declined to meet the U.S. delegation.
 
“Refused to meet the visiting USA delegation in solidarity with our nation, protesting ill-treatment meted (out) to our lady diplomat in USA,” Modi said in a tweet.
 
A senior member of Modi's socially conservative party, currently the favorite to form the next government, said India should retaliate by putting partners of gay U.S. diplomats in the country behind bars.
 
India's Supreme Court last week effectively ruled homosexuality to be illegal.
 
“The reason why they have arrested this Indian diplomat in New York is violation of the law of the land in the United States. Now the same violation is taking place wherever U.S. Embassy official have obtained visas for their partners of the same sex,” former finance minister Yashwant Sinha told Reuters.
 
“If American law can apply to Indian diplomats in New York, the India law can apply here,” he said.
 
The case is the latest concerning alleged ill-treatment of domestic workers by India's elite, both at home and abroad.
 
In June 2011, an Indian maid working for the country's consul general in New York filed a lawsuit alleging that he was using her as forced labor. A member of parliament's wife was arrested last month for allegedly beating her maid to death at her home in Delhi.
 
Under the Vienna Convention on Consular Relations, consular officials enjoy immunity from arrest only for crimes committed in connection with their work.
 
Harf, the U.S. State Department spokeswoman, on Monday said diplomatic security staff had followed standard procedures during Khobragade's arrest and then handed her over to U.S. Marshals. On Tuesday, she declined comment on whether Khobragade was strip-searched, referring such matters to the Marshals Service.

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Comments
     
by: Anoop from: India
December 23, 2013 12:40 AM
There's no denying the fact such harsh treatment is a clear case violations of Vienna Convention on Consular Relations, according to which consular officials are not liable to arrest except in cases of grave crime.

In January 2011, US contractor Raymond Davis shot down civilians at street in Pakistan and he still got evacuated back to US under diplomatic immunity. Davis' name had been included on the list of diplomats serving in Pakistan only after he had committed the murders, which did not extend him immunity under the Vienna Convention. So real double standards when it comes to US citizen and folks from "Rest Of the World" (ROW).

Read more stories on US officials breaking rules around the world : http://timesofindia.indiatimes.com/india/US-diplomats-who-got-away-with-abuse/articleshow/27763592.cms

by: Sumit from: India
December 18, 2013 1:42 AM
First try to change your self.dont treat your black community like slave.

by: Yoshi from: Sapporo
December 17, 2013 11:55 PM
Deplomatic immunities contain the rights of deplomats not being detained or not being put into any trials in posted countries, does not they? What hosting country could do is only to deport him or her to motherland? It looks like there must have been a kind of mistreatment of U.S. Marshals for her violation.

by: Sven from: North America
December 17, 2013 8:19 PM
Have anyone looked at how many laws do US Diplomats obey in other countries.

http://www.bbc.co.uk/news/uk-23266149

The US Embassy owes over 63,000 congestion fines in London (U.K.) totaling 7.2m, William Hague said, but the US insists diplomatic immunity covers the congestion charge.

by: JKF from: Great North (Canada)
December 17, 2013 7:42 PM
Something is fundamentally wrong, either the person is a diplomat or not; if it is a diplomat then the immunity conventions apply. In any case, given the great potential for serious misunderstandings, a special diplomatic handling unit/org needs to be considered, given the many past mishandlings. This type of negative incidents can create a tremendous amount of ill will against the US and all Western diplomats around the world; like it or not, this type of harsh treatment is STUPIDITY AT WORK. Who knows how many Western diplomats will now be harrased? in many countries around the world, over an issue that should have been better handled, with more maturity, and more tact, rather than extreme enforcement, just because the law allows for such an extreme approach.

by: Bhupen from: San Francisco
December 17, 2013 7:25 PM
I remember some months ago that a US mercenary in Afghanistan was defended by US State Dept on the basis of 'diplomatic immunity' after he gunned down 2-3 people there. Lets talk about double standards.

by: People Forget
December 17, 2013 7:15 PM
People forget that not all contries are like US which is mostly always in order in the general sense and most people obey law and also fear law such as the police or repercussions. However in other countries in the east its not the same, for most they will take action first rather then wait for a law to be passed for the action to happen. The people there will group up they all understand each other for the most part and will rally for a gause of the neighbor. with that in mind what is happening its normal. and in the future work with that in mind.

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