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India outraged after female diplomat arrested, strip-searched in New York

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By NIRMALA GEORGE

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Visa fraud and what equals trafficking of humans are extremely serious offences in USA, that would put anyone through similar treatment.

This "lady" was expecting that US authorities would somehow respect her privileged Indian cast position, but guess what, the law applies for everyone there. Her family is not traumatized by her breaking a number of US laws and mistreating her employees, but by her being arrested and given the normal treatment offenders get.

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The same thing happens to people when they are arrested in India.

“54. Examination of arrested person by medical officer. — (7) When any person is arrested, he shall be examined by a medical officer in the service of Central or State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made: Provided that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.

(2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.

(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.”.

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Wow. Strip-searching a diplomat and putting her in a holding cell with common criminals is a bold move. If she were charged with a violent offense, I could understand it, but it is surprising for a complaint brought by a former employee about being underpaid.

"our entire family is traumatized,” ... get over it. You're still rich. If there is truth in the complaint, I gotta say, I have no sympathy for the diplomat.

10 ( +15 / -5 )

From Indian press reports, the woman belongs to the lowest Hindu caste "Dalit". Her dad also worked in their elite administrative service. The whole incident seems to be a misguided case of middle and upper class anger; though the New York police could have handled it better. Removing security barriers in Delhi has to be one of the most childish diplomatic moves ever.

7 ( +8 / -1 )

http://www.allindiareporter.in/addons/news/index.php?news=688

6 ( +6 / -0 )

Considering the number of rapes, gang rapes, acid attacks, and other abuses carried out on women in India on a seemingly weekly basis, India should be a little careful in its comments over the woman's alleged search being absolutely obnoxious and leaving her family traumatised...

6 ( +15 / -9 )

Yes, strip-searching is unnecessary under these circumstances. However, too many diplomats think they are some kind of Ubermensch who can do what they want without any consequences. Too many diplomats employ housekeepers under slave-like conditions precisely because they know that they won't be prosecuted.

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YuriOtani: If the Americans force their way in it will mean war.

What's your deal with talking about nukes and war? Do you have any control?

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So there's more outrage over this woman getting stripped search than there is for her paying slave-like $3 wages.

Indeed. Meanwhile, Sangeetha Richards, the former housekeeper, faces arrest if she returns to India. Apparently, this isn't the first such case involving the Indian consulate in New York.

As a consular officer Dr. Khobragade doesn't enjoy any special immunity for other than official acts. So, the arrest doesn't seem to be a breach of any diplomatic convention.

While the strip search might have technically been part of "standard procedure", it certainly wasn't particularly wise; the Diplomatic Security agents didn't handcuff Dr. Khobragade, a bit of a departure from procedure, but the U.S. Marshall service allowed the strip search (even reports of a cavity search).

Whenever a foreign diplomat or consular officer is subjected to treatment the home country might object to, it's the US counterparts in that home country who are the most vulnerable to escalating reciprocations. The removal of the security barriers outside the U.S. Embassy in Delhi is troubling.

5 ( +5 / -0 )

Sorry she is Indian diplomat and not US citizen.... he is NOT responsible before US people You can like it or dislike it.... it is so.....

Actually, unlike that charming guy, Borodin, Khobrogade only has consular level immunity. The question is whether the judge can be convinced that the act for which she's being charged falls under the umbrella official acts and not under exception from immunity.

But I guess we should probably be extra nice or, who knows, maybe Delhi will send some goons to beat up one of our diplomat, you know, like Moscow did to that Dutch diplomat.

Ultimately though, under Article 9 of the Vienna Convention on Diplomatic Relations, a receiving State may 'at any time and without having to explain its decision" declare any member of a diplomatic staff persona non grata. A person so declared is considered unacceptable and is usually recalled to his or her home nation. If not recalled, the receiving State "may refuse to recognize the person concerned as a member of the mission."

http://en.wikipedia.org/wiki/Persona_non_grata

So, yeah, we can chuck an Indian diplomat out if we chose to... like it or not.

5 ( +5 / -0 )

To those who are commenting about her being Upper Caste -------- > She Belongs to Lower Caste. I am not supporting her actions , but Strip searching is too much.

4 ( +6 / -2 )

I'm guessing she has quite the lifestyle being a diplomat and for her to lie and pay her workers less than $3 an hour is an insult. I want her out of my country ASAP.

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If the woman is poor or of the lower caste, India wouldn't care so much. But because it was one of the privileged rich who are used to special treatment, that's what gets India more up in arms. Look at other Indian dignitaries who refuse to pass through security like it's a personal affront to their special status, even though their international counterparts have no problem with regular procedure. They have to follow local laws like diplomats still have to follow in foreign lands, including household issues. If it's an American diplomat, nobody would care, let alone suggest the U.S. pull out its embassy over this.

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Wanderlust,

I have no idea why people are giving you thumbs down for your comments, well said.

This incident, as per the recent Dutch incident where a Russian "diplomat" was acting like a low-life scumbum, further denotes how incredibly outdated, ridiculous and open to abuse the concept of diplomatic immunity really is. It should be abolished IMMEDIATELY.

Diplomats if anything should be held in higher scrutiny, they are ambassadors for their country and the people and should act so, not like the entitled elitists they are. The penalties for abuse, such as the apparent case here, should in fact be higher for diplomats that should know better than to abuse powers entitled to them.......

3 ( +6 / -3 )

India was ready to retaliate against American diplomats in India by threatening to downgrade privileges and demanding information about how much they pay their Indian household staff, according to the Press Trust of India news agency.

While the Indian government is demanding that, they should consider doing the same with Indian employers.

The Global Slavery Index 2013 said India had 14 million people living in conditions of slavery, the highest number worldwide.

Other reports suggest that not all wage-earners are paid the minimum wage. Overall, no less than 73 million workers, equivalent to 42% of all wage-earners, receive wages that are below the national minimum wage floor of Rs 66 per day.

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India should cease co-operation with US for hunting down the terrorist network.

That would be stupid and harm India a lot more than the US. India has a problem with home grown (or revolutionaries) and those coming from Pakistan. I'm sure a lot more information comes from the US helping India than the other way round.

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Instead of arresting her, they should have simply ejected her from the USA.

I doubt the jailers had any consideration of "diplomatic immunity." They were just following standard procedures for NYC where they cannot assume any person brought into the population isn't "keestering" contraband.

In a smaller town, this sort of search would not have been performed since she would not have been mixed with other people.

So, did they find anything in their search?

She has caused embarrassment to India by violating US law while on a foreign mission, but we don't know if that is true or not. I can't wait to see the results of the court case. Of course, she will probably leave the USA to avoid charges and "doin' time."

To be clear, this treatment was just normal in-processing at a large institution for criminals. It had nothing to do with her charges. Special treatment should not have been expected. Human trafficking is a serious crime in the USA.

When I visit foreign countries, I read up on laws that I'm likely to violate. I know not to spit in Singapore and not to talk negatively about the King of Thailand when I'm visiting those countries. I wonder if this woman did the same before coming to the USA? Based on the falsified documents, it seems she definitely knew she was systematically violating US law. This was not a simple mistake. Corruption by a public official is one of the worst crimes in our culture.

I have no sympathy for her.

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So there's more outrage over this woman getting stripped search than there is for her paying slave-like $3 wages.

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@zaldaus - if any US official or visitor violates local laws while in a different country, I expect they will be caught, tried and punished as a local is. Anything less is dishonest according to my "sense of fair play", which is central to the American culture. Publicly inciting people to riot, if a crime, should be cause for arrest.

@prvcalgary: The work was performed long-term in the USA, that means USA laws are in-force. If she flew over for 1 or 2 weeks to work, then a contract from India may have more relevance, but not for a long-term employment agreement where the work was performed inside the USA. The USA minimum wage is a law and must be followed. It is impossible to live on minimum wage in NYC. We have all that indoor plumbing, potable water and that costs money.

Cavity searches are part of the USA. Nobody likes it, but since contraband does get into prison using human cavities, the searches must continue. Knives, cellphones, smartphones, shivs, and drugs are all commonly hidden. It wouldn't be "fair" if only certain people being held for trial were searched. Everyone needs to be searched equally. Modesty doesn't matter. Being from India doesn't matter. Sorry. These rules are put there to protect everyone in holding from each other. The US Supreme Court has ruled that strip searches are constitutional http://articles.washingtonpost.com/2012-04-02/politics/35453183_1_strip-searches-minor-offenses-jail-population so there is no help that way.

What a representative from India in India says has no relevancy to this. It is political posturing. All of this could have been avoided by following US labour laws.

Heck, the only way I would think that even the President of the USA has any relevancy to this is if he grants her an official Presidential Pardon. Short of that, her case needs to be handled just like every other similar case. Please understand that we like to believe the USA is founded on the "government of laws, not men." http://reason.com/archives/2009/01/05/the-rule-of-law-not-the-rule-o No special treatment based on station in life is central to our cultural beliefs. That may seem foreign to people from some countries and there are definitely exceptions that happen in the USA for well connected people. To an average American, we find well-connected people getting special treatment highly offensive. I've wanted to see 3 Presidents taken away in handcuffs and charged with violating many, many different federal and international laws, tried, and if found guilty, sent to prison for the rest of their lives. Nobody is above the law.

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It is an interesting question whether Devyani Khobragade has diplomatic immunity in this case. The case involves personal profit from illegal activity. The ACLU (American Civil Liberties Union) had file a brief in a previous case where they said that commercial activities for personal profit falls outside scope of a diplomat's function. Also, her position doesn't seem to include full diplomatic immunity since the Indian government is trying to change her position to Consulate General at the UN but that requires the US to sign off on the change. Human trafficking is a serious offense it would be a little strange if the UN would allow this change considering it's position on human trafficking. Trafficking is involved because Dewani brought the servant from India and in order to get the servant and her family into the US, she agreed to paying the servant a prevailing (minimum) wage in the US. Since they are in NYC, the prevailing minimum wage is $7.25 soon to go up to $9.00 per hour. The charges say that the servant was paid less then $3.31 per hour, and Dewani falsified the visa applications. As for the strip search, not cavity search, the US Supreme court ruled it legal last year. If we get away from the US vs India issue, this incident seems to show a very bit problem related to India. Earlier in the year, another Indian consultant employee was fined $1.5million for forced labor of a servant. Interesting that people are focusing on the so called diplomat and not the crime.

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YuriOtaniDec. 19, 2013 - 08:58PM JST

globalwatcher she was a maid not prostitute.

Human trafficking is the modern form of slavery, with illegal smuggling and trading of people, for forced labor or sexual exploitation.

The Diplomatic will be protected inside the India UN mission

No, junior diplomats of India do not have that privilege of diplomat immunity. The US Department has already made it very clear.

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She broke the rules of the US on US soil. She should be treated as any other American would be with the same rule-breaking. And it sounds like she was. She was a guest of the US, just like me. Just like friends of mine. I kind of admire the fact that, unlike certain places such as Inda, your station in life doesnt buy you special treatment.

And India wants to jump up and down complaining about human rights and inhumane treatment of women all of a sudden??! Really??! That is one skeleton I definitely wouldnt want out of the closet if I was India. Get back to us when this woman is locked up without charge and repeatedly raped and tortured by the very police officers supposed to be holding her.

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Yuri: Let me say it yet again: If your issue is with strip searches in general, then you have a leg to stand on. Although I understand why they are done, I can also appreciate that they are degrading. If your issue is with this one woman being subject to the same procedures all prisoners go through, then I have little sympathy. Her having two children of her own is irrelevant. Yes, even mothers can be criminals. If your issue is that she wasn't afforded proper diplomatic immunity, then the facts are against you according to the Vienna Convention on Consular Relations.

And yeah, I get that Yuri is a Russian man's name. Not all of us live in an insular world of ignorance but thanks for the culture lesson.

The question remains as to why you sound so downright gleeful at the thought of Americans being attacked by India. That's pretty sick.

3 ( +3 / -0 )

Whatever happens in India is not germane to this issue. Being strip-searched and jailed for a nonviolent crime should not happen in any civilized country. The militarization of American civilian society is fundamentally complete. Look at this article to see how to survive in this brave new world.

http://m.theatlantic.com/national/archive/2013/12/i-got-myself-arrested-so-i-could-look-inside-the-justice-system/282360/

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Indian response is unreasonable . This is an individual case hence India should find an appropriate individual case to give its own message back to US.

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Whatever happens in India is not germane to this issue.

I believe it is germane to the Indian government's reaction. Police can order an examination of an arrested individual if they think it will possibly bring about evidence. The article leads one to believe that such an idea is alien to people in India and to the Indian government. it is not.

Being strip-searched and jailed for a nonviolent crime should not happen in any civilized country.

In can happen in most countries depending on the crime the individua is being accused of, the flight risk, etc.

Strip searching is also done to prevent the arrested individual from doing harm to themselves or others while in custody.

While your article is enlightening in several areas, it does not seem to have any connection with this specific case.

2 ( +4 / -2 )

"Prosecutors in New York say Khobragade, 39, claimed she paid her Indian maid $4,500 per month"

That's $54,000 a year! Some maids get that much, eh?

"her Manhattan housekeeper"

What's up with these diplomats not being able to keep their living quarters clean themselves? Heck, I work fulltime and I do all the cleaning myself...

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heynongDec. 18, 2013 - 03:54PM JST "The arrest and strip search of an Indian diplomat in New York City escalated into a major diplomatic furor Tuesday Her only crime is paying her maid less than US minimum wage

Well no, that's not the crime. The crime is submitting falsified documentation on an immigration petition. But I do agree that the treatment seems completely out of proportion to the offense. Generally the submittal of false documentation results in a rejection, not an federal arrest warrant that brings in the US Marshals office. Unless there is much more to this story it really makes little sense.

2 ( +4 / -2 )

prvcalgary Dec. 19, 2013 - 06:36AM JST USA should stop Cavity search of any women be it US national or INDIAN it is disgusting for any women to go through it and its inhuman.

What for? She is a guest in the U.S. and should follow all the rules of the country. She was subjected to the same booking procedures as other prisoner. Her customs in her own country does not apply once you leave India.

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This woman committed a serious offence.

Po-chan, may I correct that: This woman is accused of a serious offence. She hasn't been tried yet. I do agree that it's a serious offence.

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I have it on good authority.

Oh, ok, well you didn't tell me that before. Please continue talking about the war. In the meantime I'll go ahead and browse your past post about Americans being arrested in Japan.

This will be a question of how big India's inferiority complex is. The bigger it is, the more of a headache it will be for the US. Either way I want this lady out of my country. She lied to keep her personal slave.

2 ( +2 / -0 )

In India, slavery is a normal everyday kind of thing?? Not too sure, but my guess, India needs to wake up and understand that the rest of the world does not work like India Inc. Yuri Otani, you should be ashamed for supporting such corruption from India!! and you LIVE in the USA??

2 ( +3 / -1 )

I think a few of you should read a bit more into this story. This woman committed a serious offence. India would do better to condemn this woman rather than take punitive actions against the US. This kind of abuse of poor people may be the norm in India but not in many other countries. This is a serious crime, the US shouldn't back down.

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Dr. K got worse treatment in NY than bunch of illegals in Southern States. Worse than employers of illegas in Southern States.

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Southern States treat Illegal aliens and their employers kidier than NY treat foreign diplomats.

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I would have to say that the strip search was probably unwarranted. But falsifying visa documents and not paying a proper wage a serious offences and she deserved her arrest and jailing.

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Human trafficking is a serious federal offense in US. Also this junior diplomat of India does not qualify for immunity. Therefore, US position has been well justified for this case.

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She is a fraud, She is getting exactly what she deserves. She thought she was going to get away with it. I hope she get's time in jail. If Americans break Indian law they deserve jail as well. She's only outraged because her evil deed's are exposed. Act like a slave trader, be treated like one. Now, Indian Government has taken down the safety barriers. They now open themselves up to being criticized on the safety of our diplomats. Over a lying, cheating, woman of little or no character...

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Sorry she is Indian diplomat and not US citizen....

She is NOT responsible before US people

You can like it or dislike it.... it is so.....

Remember the old saying, "When in Rome, do as the Romans do."?

Word to the wise, obey the laws of the country you are in. She was in the US and was subject to the laws of the country she was in at the time being. Breaking the laws of that country while you're there is automatically going to be tried as a criminal act. Also another thing you seem to be missing is the human rights abuse that this case is showing... A lot of folks here are missing the human rights abuse issue here.

With people who think like this it will be only a few more decades before slavery is legal and people will be abusing each other again without any justice for those who can't help themselves.

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@Olegek, you'd better believe they do. If you don't you're completely out of touch with reality. Should any foreign diplomat in India break India's laws while in India, you'd better believe they going to be prosecuted for breaking India's laws if it is beyond proper diplomatic immunity.

1 ( +2 / -1 )

YuriOtani - Oh yea my tovarish Yuri told me this afternoon the maid is a paid NSA spy. She is part of the surveillance of India by their friends the Americans. So he said the reason for the arrest was so they could extract this traitor from India.

This event took place in the city of New York, which is located in the state of New York, U.S.A.. Both parties were already outside of India.

1 ( +2 / -1 )

YuriOtani - Arrest Paul so if an American diplomat commits a crime against a nation then he deserves the royal treatment. Like body cavity search for being suspected of rape. The woman's word is enough. Or his mistreated his home staff by there word. What happens when American diplomats start filling other countries jails. My friend Yuri a station chief for his country tells be all hell will break out at winter olympics. If any of the Americans advocates homosexual activity they will go to jail

I don't understand what it is you are trying to say. Earlier you mentioned that this incident was an effort to "extract this traitor from India".

"Oh yea my tovarish Yuri told me this afternoon the maid is a paid NSA spy. She is part of the surveillance of India by their friends the Americans. So he said the reason for the arrest was so they could extract this traitor from India.

I pointed out to you that the participants are in NYC (ie not in India) and don't actually need extraction.

1 ( +2 / -1 )

If India wants to be treated like a superpower, it should act like a superpower. In other words, it should not overreact about cases like this until India gets all the facts. And then, Indian should not overreact. It makes India look weak. Overreacting in India's Bollywood movies is one thing, but in the real world? P l e a s e .

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Removing defensive barricades is pretty extreme. That puts local staff at risk, as well as all the Americans in the embassy. Is india asking the US to pull it's people out?

If so, I'm afraid the net loser is India.

IF some enemies of the US try to exploit this incident by running a car bomb though where the barricades have been removed, the whole nation of Inda looks the less safe for business and investment.

0 ( +4 / -4 )

@Madverts

"incredibly outdated, ridiculous and open to abuse the concept of diplomatic immunity really is. It should be abolished IMMEDIATELY."

Be careful what you wish for. The boomerang will come to hit you right back in the face. American officials violating diplomatic immunity of Indian diplomats will cause American diplomats to suffer the same in other countries. It's only a matter of time.

For example, when U.S. secretary of State deputy Victoria Nuland was present during the riots in Ukraine just a couple weeks ago, and publicly expressed her "support" for the affair, she should have been jailed by Ukrainian authorities for inciting violence and insurrection. How would you like that? According to you, it would also be fine if she was strip searched and put into jail with drug addicts. Because what she was doing was criminal.

So have a care, you might find Americans being treated the same way as they treat the rest of the world. And I guarantee you won't like that.

0 ( +1 / -1 )

This lady is a human piece of crap. I'm guessing she has quite the lifestyle being a diplomat and for her to lie and pay her workers less than $3 an hour is an insult. I want her out of my country ASAP.

0 ( +0 / -0 )

Some numbers if she worked 2078 hours per year, a normal 80 hour week her pay would be 2078 per year. double that makes it 4156k per year. An entire year equals 8760 hours. The prosecutor says she was paid 573 dollars per month.

I don't get the point you are trying to make.

0 ( +0 / -0 )

India, along with many other countries that have their UN officials there in NYC brake US laws ALL THE TIME! Just ask the NYPD what they think about UN cars with diplomatic plates double parking etc...does it make it OK?? No, the system is not perfect and sorry to Yuri Otani being afraid WAR will brake out between the USA and India?? Hahahaha! I smell some good taima and somebody being just a bit too PARANOID over nothing.

0 ( +1 / -1 )

YuriOtani: she was a maid not prostitute

You're showing your ignorance in assuming that human trafficking is only to do with the sex trade.

Victims of domestic servitude commonly work 10 to 16 hours a day or more for little to no pay. A situation becomes trafficking when the employer uses force, fraud and/or coercion to maintain control over the worker and to cause the worker to believe that he or she has no other choice but to continue with the work.

The woman's word is enough.

No, it's not and it wouldn't be in most any place. There are at least 13,500 women in prison right now in India. Was their word enough before they got locked up?

What happens when American diplomats start filling other countries jails.

What indeed?

My friend Yuri a station chief for his country tells be all hell will break out at winter olympics. If any of the Americans advocates homosexual activity they will go to jail.

I'm not sure what LBGT rights protests in Russia have to do with this particular Indian woman but I'd be fairly willing to bet that 1) No diplomats will be involved in any such protests and 2) Anyone who does participate in those protests knows the risks. Does your "friend" Yuri think that Americans are the only ones who care about gay rights?

Oh Elbuda he also say Russia will go to their aid. Any attack against India is a attack on the Federation of Russia.

Oh, does he? Your friend must be extremely powerful to have his hand on the pulse of, not only his diplomatic station, but exactly what his government will do to the US if they were to attack India, an absurd enough proposal in its own right.

If the US breaks into the India UN mission it means war. First India, then Russia and then maybe add PRC. All of this so that mad man can punish a upper class woman.

You seem to be the only one advocating war here, and with an inordinate amount of glee, at that. In addition to your paranoia, obvious bias against the US, possible homophobia, classism and lack of logic, you sound like a bit of a warmonger. Maybe you're the one the US should be worried about, what with all of your powerful friends and inside scoop on international relations. Being so important, one's got to wonder how you have the time to always be posting on this site. Don't you have a peace treaty or something to negotiate?

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kabukilover: The Indian diplomat was treated like any American would have. That is the disgusting fact. American cops are thugs.

I'm confused. Should she not have been treated like any American or person from any country breaking American laws would have? Is that what you find so disgusting?

As for American cops being thugs, I'm sure some are. That fact is though, that you are searched before you go into a holding cell so that you don't bring in contraband with which you can harm yourself or others. Had she been attacked by a weapon someone who was not searched brought in I'm sure people would be complaining about that. This is not something unique to American cops or prisons. Strip searches before entering a cell are common practice in Spain, Canada, England and Japan but to name a few places.

Most people would agree that they are unpleasant and some would argue unconstitutional. By that same token, should she chose, Devyani Khobragade is free to use the courts, that other aspect of our legal system that people love to complain about, in order to press a case for false imprisonment or violation of her rights. Good luck to her.

0 ( +0 / -0 )

YuriOkanti: The reason for immunity is to protect diplomats from local laws and taxes that would be used to limit their effectiveness.

Under the 1963 Vienna Convention on Consular Relations, consul officials are not afforded absolute immunity as they can be arrested and prosecuted for matters not in connection with their official duties.

What should be understood, though, is that diplomatic immunity is not a licence to abuse the law in a host country and, in this case, only extends to the actions of Khobragade in relation to her job with the Indian Consulate. Regardless, this will be a good opportunity to revisit international diplomatic immunity treaties and laws.

Although diplomats enjoy these immunities, both treaties declare that it is their duty to respect the laws and regulations of the receiving State. It is wrong to believe that simply because one has diplomatic immunity, he or she has a licence to disregard the law in the receiving State. There is also no reason that diplomatic immunities should trump fundamental principles of human rights.

ambrosia there has been no human trafficking. The US evacuated the maids family 2 days before this all happened. It was a plan on the part of the US government to put India in its place. So now instead of a winner USA we have loser USA.

How does the the maid's family having been evacuated equate to no human trafficking having taken place? Again, your suggestion, the one that I initially addressed, that there was no human trafficking since the woman wasn't brought into the country for prostitution is incorrect. As it applies to this particular woman, we shall see. As human trafficking applies to people who don't work in the sex trade, it is most definitely an issue.

Their diplomats in India spying on India are now subject to arrest and prostitution under India law.

I have no problem with diplomats who have been caught spying being prosecuted according to the law. Please let me know where have I suggested otherwise.

Oh any incursion into the India UN mission is an act of war. In other words an attack on India.

She was not part of India's UN Mission so get your facts straight. She was arrested on the 13th of December. A U.N. spokesman's office said it received a letter from India's U.N. Ambassador Asoke Mukerji requesting Khobragade's registration as a member of India's U.N. Mission on Dec. 18 and it was processed on Dec. 20. UN diplomats have greater immunity so it is fair to assume that is why the request was put in. Unfortunately for her, the US State Department must approve her transfer from a consulate position to a UN Mission.

You see this as a human rights issue, I see you grasping at straws to justify the raping of a diplomat from India.

I see this as a human right's issue as far as the housekeeper is concerned because that is why Khobragade was arrested in the first place. I fail to see how that is me grasping at straws. I also fail to see how the diplomat was "raped". Using such a term so lightly is quite insulting to actual rape victims.You seem to be the one grasping at straws and with a very weak grip.

Khobragade, as deputy consul general, did not in fact have full diplomatic immunity but instead had a similar status called consular immunity, which offers some protections, but not as extensive. Under the 1963 Vienna Convention on Consular Relations, consul officials are not afforded absolute immunity as they can be arrested and prosecuted for matters not in connection with their official duties. The hiring of a maid was not part of Khobragade's job and is a situation in which US prosecutors are able to pursue charges if there is evidence that the local US law is being broken.

My friend Yuri says the US government is isolating itself from the world community.

Your friend Yuri sounds like a genius. Birds of a feather, eh?

If Khobragade is innocent then she should most certainly be allowed to continue her work with all charges dropped. If the maid lied then she should be prosecuted. If your issue is that Khobragade should be allowed to violate the laws without being punished or that her punishment should be lesser than anyone else's, then we'll agree to disagree.

0 ( +0 / -0 )

Bureaucratic and diplomatic negligence. This headline just about sums it up. Bringing up facts and accusations on presumed slavery and human rights in India are irrelevant. The diplomat was suspected of fraud and subsequently subjected to treatment that was over the top, degrading and totally unnecessary. John Kerry must have realized that too when he called the Indian National Security Adviser. Anger on the Indian side is understandable, but removing security from US facilities was unwise. I hope both sides will come to their senses.

0 ( +0 / -0 )

It must be pointed out that Devyani Khobragade's husband is a US citizen, and they have two children, who will probably end up with US passports if they don't have such already. The whole family was profiting from her fraud. Unprecedented kind of international fraud results in unprecedented reaction (for a diplomat).

0 ( +0 / -0 )

Disgusting treatment of ANY person, much less a non-violent diplomat. No, it's not an abusive police state, is it?

-1 ( +9 / -10 )

THE TRUE FACE OF AMERIKA

This is one story another story was "American who sparked diplomatic crisis over Lahore shooting was CIA spy" . ABC News reported that the men had the same diplomatic visas as Davis. It is not unusual for US intelligence officers, like their counterparts round the world, to carry diplomatic passports. . The US has accused Pakistan of illegally detaining him and riding roughshod over international treaties. Angry politicians have proposed slashing Islamabad's $1.5bn (£900m) annual aid.

http://www.theguardian.com/world/2011/feb/20/us-raymond-davis-lahore-cia

-1 ( +6 / -7 )

gcbel Ultimately though, under Article 9 of the Vienna Convention on Diplomatic Relations, a receiving State may 'at any time and without having to explain its decision" declare any member of a diplomatic staff persona non grata. A person so declared is considered unacceptable and is usually recalled to his or her home nation

Yes and this is only way to operate with foreign diplomatic staff if you dislike their behaviour

So, yeah, we can chuck an Indian diplomat out if we chose to... like it or not.

No its not possible according to Vienna Convention

HonestDictator Should any foreign diplomat in India break India's laws while in India,

They will be expelled according to Vienna Convention The same thing for any other civilised country

With people who think like this it will be only a few more decades before slavery is legal

Sorry, may be you exaggerate a little ? We are not in court ...

-1 ( +1 / -2 )

I heard the US diplomats in India have the same rights (none) as their Indian counterparts in the USA. Oh the maids family is now in the USA. That is what I meant.

Special privileges to diplomats are based on reciprocity. This means the US can not get one set while the other nation gets less.

-1 ( +0 / -1 )

Nathalie she is a diplomat from India not a rich person from India. This has all be a plan to humiliate both her and India. The reason for immunity is to protect diplomats from local laws and taxes that would be used to limit their effectiveness.

ambrosia there has been no human trafficking. The US evacuated the maids family 2 days before this all happened. It was a plan on the part of the US government to put India in its place. So now instead of a winner USA we have loser USA. Their diplomats in India spying on India are now subject to arrest and prostitution under India law. Oh any incursion into the India UN mission is an act of war. In other words an attack on India.

You see this as a human rights issue, I see you grasping at straws to justify the raping of a diplomat from India.

My friend Yuri says the US government is isolating itself from the world community.

-1 ( +0 / -1 )

The act of USA doing "cavity search" is considered very humiliating in India.India has never done any kind of cavity search for its nationals and USA citizens in India. The conditions in which the search was does does not fulfill the condition to do so as per rules stated in the US government website.She was not allowed to do calls.She is a MD Doctor and part of Indian Foreign Service she is not drug addict and notcarried any weapon still the cavity search was done.

As per Indian government( as per Indian leader Salman Krushid - said in Parliament )

The act of USA is to think upon as US government is accused of illegal immigration of maid sangeeta richard .Why they(Maid's family-her husband and children) a have given Visa has fled India before arrest of Diplomat.The Maid relative work in US embassy in Delhi so this was a plan of jointly maid and USA to get them permanent residency. The maid actions are questionable and the low wage charges are not valid as the agreement was done on Indian soil and the USA has no jurisdiction over it.Maid refused to have bank account and she was given money in cash and benefits included was well above minimum wage.

Mr.Preet US attorney has successfully made his place in US media as famous person to prosecute Rajat Gupta.But that does not mean he is 100 percent correct all time.Mr.Preet is having political ambitions in future.

USA should stop Cavity search of any women be it US national or INDIAN it is disgusting for any women to go through it and its inhuman.

I think for disrespecting a human being and women modesty USA owes an apology to INDIA..

-2 ( +1 / -3 )

Under the basic principles of American law, all people are innocent until SUSPECTED guilty, and upon being suspect they will be arrested and handcuffed in front of their children, carted off to jail, strip searched and tossed in the with the crack Wh**es.

Not only diplomats, but anyone not accused of a violent offense should be treated with respect until conclusion of a trial. There was not even any real reason to arrest her. I am sure they could have just asked her to go to the police station for questioning. Its not like she was hiding evidence in her panties was it? Its not like the police got any sort of evidence against her by this process is it? If anything, a search warrant and a search of her house might have turned up some evidence. This did absolutely nothing of civilized merit.

-2 ( +1 / -3 )

Arrest Paul so if an American diplomat commits a crime against a nation then he deserves the royal treatment. Like body cavity search for being suspected of rape. The woman's word is enough. Or his mistreated his home staff by there word. What happens when American diplomats start filling other countries jails. My friend Yuri a station chief for his country tells be all hell will break out at winter olympics. If any of the Americans advocates homosexual activity they will go to jail.

Oh Elbuda he also say Russia will go to their aid. Any attack against India is a attack on the Federation of Russia. If the US breaks into the India UN mission it means war. First India, then Russia and then maybe add PRC. All of this so that mad man can punish a upper class woman.

-2 ( +0 / -2 )

The arrest and strip search of an Indian diplomat in New York City escalated into a major diplomatic furor Tuesday

Her only crime is paying her maid less than US minimum wage. She can be prosecuted in the court. However it does not make sense for stripping and handcuffing her like drug smuggler. US has offended indian diplomats.

India should recall her ambassador and ask US ambassador for leaving India. It is the national humiliation for India. If there is no retaliation, India has become the sick man of the East.

-3 ( +8 / -11 )

How many hours did she work doing what? Is her sleep time count as paid time? What about board? What about food? Did it count for anything*

Oh yea my tovarish Yuri told me this afternoon the maid is a paid NSA spy. She is part of the surveillance of India by their friends the Americans. So he said the reason for the arrest was so they could extract this traitor from India.

-3 ( +0 / -3 )

The Indian diplomat was treated like any American would have. That is the disgusting fact. American cops are thugs.

-3 ( +0 / -3 )

My friend Yuri not Japanese but popular mand name in his country. Did you know India is striking back? So while you yuck it up American ID cards in India being replaced with same rights and privileges or little. The barriers have been removed from the entrances of the USA embassy. No ID cards for family members. The government of India demand to know how much the embassy staff paid housekeepers. No tax except things into the American Embassy. Now she diplomat to United Nations.

America lose so much to persecute a mother of two who may not have paid full salary. Other nations watch as see America throwing its weight around. Remember India is still pissed! What will they do next to Americans in India?

-3 ( +0 / -3 )

India should expel the US Ambassador and find some American diplomats to arrest arrogant America! then bring theirs home as they are not safe

-4 ( +7 / -11 )

HonestDictatorDec. 21, 2013 - 08:00AM JST Remember the old saying, "When in Rome, do as the Romans do."? Word to the wise, obey the laws of the country you are in.

So US diplomats in India ready to follow Indian laws ?? I have some doubts ....

-4 ( +1 / -5 )

Honest Dictator, she was not a "slave trader" or trafficker in people. She wanted domestic help that could keep her children exposed to India. Some numbers if she worked 2078 hours per year, a normal 80 hour week her pay would be 2078 per year. double that makes it 4156k per year. An entire year equals 8760 hours. The prosecutor says she was paid 573 dollars per month. Oh what about her food and board?

I wonder if the maid charged for her sleep time? I wonder if she charged for her goof off time when there was nothing to do?

I have checked on this prosecutor and he is a bad boy. He belongs to groups that want to overthrow the India government. He has caused trouble in Russia trying to stir up revolution. He was appointed by President Obama May 2009 and confirmed by US Senate August 2009. One person I talked to said he was part of the US effort to destabilize the world and bring about a Muslim world. Should of asked my tovarish, what he was drinking?

Well that is my story, the US Government is loosing its friends. Soon there will be none.

-4 ( +0 / -4 )

" Being strip-searched and jailed for a nonviolent crime should not happen in any civilized country. The militarization of American civilian society is fundamentally complete."

@laguna, I absolutely agree. The inhumane treatment of this particular woman is but a shaving off the tip of the iceberg. Absolutely uncivilized.

-5 ( +3 / -8 )

This thing happened only because no US Diplomat (Under cover CIA agent) had seen Indian Police station, I bet if they see it once they will not utter a single word

-5 ( +0 / -5 )

India was ready to retaliate against American diplomats in India by threatening to downgrade privileges and demanding information about how much they pay their Indian household staff, according to the Press Trust of India news agency.

India should take immediate retaliation instead of talk. Expel US ambassador and downgrade diplomats and counselor privilege and immunity. During my visit to Deili, I noticed that some US diplomats are enjoying their royal privilege there. Imagine if they are in US, they even have to clean their bathroom by themselves. They have to cook their meal by themselves. They have to wash their dish by themselves.

The bottom line is India is not respected by US as other nations such as Russia or China. India should cease co-operation with US for hunting down the terrorist network. It is no longer the business of India.

Many posters wanted to withdraw attention from US police cruelty and barbaric act as she is pampered caste of India. It is nothing to do with social status of India. US police is heavy handed and no little respect to Indian female diplomat.

According the common law, everyone has presumption of Innocence. She has been faced with the injustice of animal like treatment.

-6 ( +3 / -9 )

To the Americans unlike the weak Japanese government the government of India is pissed! They removed the embassies security barriers, have taken away the Americans special privileges. If American diplomatic staff break India law they will be arrested. Homosexual activity is illegal. So Americans blah about their righteous activity as they lose a friend. If the US makes threats they have atomic weapons as well. All of this on the word one one person. Perhaps they will go to Russia if the Americans make more threats against them.

Oh sfjp330 this is just the beginning, they raped her! I bet India will be filing charges against the US thugs with Interpol.

-6 ( +0 / -6 )

globalwatcher she was a maid not prostitute. I see this as America putting India in it place. The alleged crime is a salary dispute. The Diplomatic will be protected inside the India UN mission. If the Americans force their way in it will mean war. For the Americans embassy and consulates will be taken and personnel held until the India diplomats are released. The USA is clearly out of control.

-6 ( +0 / -6 )

SuperLib I'm guessing she has quite the lifestyle being a diplomat and for her to lie and pay her workers less than $3 an hour is an insult. I want her out of my country ASAP.

Sorry she is Indian diplomat and not US citizen....

She is NOT responsible before US people

You can like it or dislike it.... it is so.....

-7 ( +0 / -7 )

globalwatcher and superlib putting her in US jail will destroy relations between India and the USA. I have it on good authority. So what will you say when Americans start getting arrested for breaking India law

-8 ( +0 / -8 )

taj India is going to weaken the defenses of the US Embassy. The US is going to lose India as a friend and gain a new foe.

-10 ( +3 / -13 )

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