Conflict of US and INDIA on immunity to an offender of US Law

Whatever may be told but the corruption in high level in India is thus exposed in the biggest democratic nation (India) The US deptt. did a right thing to arrest her despite immunity to diplomats. We honor US for their transparency and its laws which provide equality to all like Mrs. Richard is provided same rights as given to protest the rights of US citizens.

I love US.
Noel Clay, a spokesperson for the US State Department, told NDTV that standard procedures had been followed during Ms Khobragade’s arrest. Mr Clay also said, “Under the Vienna Convention on Consular Relations, the Indian Deputy Consul General enjoys immunity from the jurisdiction of US courts only with respect to acts performed in the exercise of consular functions.” India has argued that the US has violated the Vienna Convention.

It’s also to be noted that the father of Devani Khobragade is also in suspects list of Adarsh society. The daughter of an Indian Police Service got selection in Indian Foreign Services and Govt. of India defends her? What a chain of accused in high profile peoples and their influence?

Devyani Khobragade, who is caught in the line of fire, is the daughter of a retired IAS officer of Maharashtra cadre Uttam Khobragade. Born and brought up in Mumbai, she went to Mount Carmel school. Later she did MBBS from Seth GS medical college and KEM hospital in Mumbai. But she did not pursue her career in medicine and opted for the Foreign Service. Her uncle Dr Ajay M Gondane is also an IFS officer of 1985 batch.

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Beautiful and intelligent Devyani cleared the prestigious Indian Foreign Service (IFS) in 1999. She handled political division of Indian missions in Pakistan, Italy and Germany before moving to the much coveted Indian embassy in the United States of America (USA). She is currently posted as a deputy consul general of India in New York.

As per reports received Sangeeta Richard, the former domestic staff of New York-based Indian diplomat Devyani Khobragade (39), said that she wanted the Deputy Consul General’s help in getting permanent legal status in the U.S. and did not answer the family’s plea to tell them how much they owed her in unpaid wages, Ms. Khobragade’s father said.

Speaking to The Hindu via telephone from Mumbai Uttam Khobragade said that despite his son-in-law asking Ms. Richard about any wage shortfalls “four or five times” in the span of the eight months that she worked for them, she always expressed satisfaction with the arrangement under which her family was paid INR 30,000 per month in India and Ms. Richard was given around $500 per month in New York.

When she disappeared Ms. Richard took her passport, $200 and Ms. Khobragade’s husband’s mobile phone with her, he added, and when she called a month later she allegedly demanded $10,000.

Ms. Khobragade was on Thursday arrested in New York on charges related to visa fraud and human trafficking, specifically that she had caused “materially false and fraudulent documents” to be presented to authorities in her bid to get Ms. Richard, an Indian national, employed as a babysitter and housekeeper at her residence in Manhattan.

Regarding the main allegation of the U.S. Department of Justice, the charge that the wage promised under the contract used to obtain an A-3 “personal employees” visa Ms. Richard was not honoured, Ms. Khobragade was alleged to have told Ms. Richard, “The first employment contract was a formality to get the visa.”

However the second employment contract between the two of them, agreeing a monthly payment of INR 30,000 did not apparently contain any provision about the normal number of working hours per week or month.

Consequently during the term of her employment Ms. Richard was said to have worked “far more than 40 hours per week,” and then was paid even less than the INR 30,000 that had been promised under the second contract.

Announcing the arrest and charges Indian-American U.S. Attorney Preet Bharara said, “Foreign nationals brought to the U.S. to serve as domestic workers are entitled to the same protections against exploitation as those afforded to U.S. citizens.”

He added that the false statements and fraud alleged to have occurred here were “designed to circumvent those protections so that a visa would issue for a domestic worker who was promised far less than a fair wage. This type of fraud on the U.S. and exploitation of an individual will not be tolerated.”

The Indian embassy supplied further details on the background of the case noting that the Delhi High Court had issued an interim injunction in September to restrain Ms. Richards from instituting any actions or proceedings against Ms. Khobragade outside India on the terms or conditions of her employment.

Although the embassy said that the Indian government had requested U.S. authorities to “locate Ms. Richard and facilitate the service of an arrest warrant issued by the Metropolitan Magistrate of the South District Court in New Delhi,” there did not appear to be any indications that law enforcement here were acting upon this advice.

Further the Indian embassy was said to have “immediately conveyed its strong concern to the U.S. Government over the action taken” against Ms. Khobragade and urged the U.S. side to “resolve the matter with due sensitivity… taking into account the diplomatic status of the officer concerned.”

This is the second instance of a senior Indian foreign service officer in New York facing charges linked to human trafficking.

 

6 Responses to “Conflict of US and INDIA on immunity to an offender of US Law”

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  6. Conflict of US and INDIA on immunity to an offender of US Law | Voice of Sikh nation Says:

    Pamula Ferris

    Whatever may be told but the corruption in high level in India is thus exposed in the biggest democratic nation (India) The US deptt. did a right thing to arrest her despite immunity to diplomats. We honor US for their transparency and its laws which p…

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