Devyani Khobragade incident
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This article documents a current event. Information may change rapidly as the event progresses. (December 2013) |
Devyani Khobragade | |
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Born | Devyani Khobragade |
Residence | USANew York, USA.[1] |
Nationality | India |
Citizenship | India |
Occupation | Diplomat |
Years active | 1999-date |
Employer | Government of India |
Organization | MEA |
Criminal charge | Visa fraud |
Parents | Uttam Khobragade (father)[2] |
Devyani Khobragade incident refers to the arrest and aftermath of an Indian diplomat Devyani Khobragade in New York on December 2013 by local police, leading to a major diplomatic standoff between India and the United States.[1][2][3][4] Khobragade was at that time posted as Deputy Consul General in Consulate General of India in New York. She was a 1999-batch IFS officer. After the arrest, on 18 December 2013 she was transferred by the Government of India to the permanent mission in New York, which entitles her to full diplomatic immunity as her former post was claimed by US to be a non-diplomatic in nature.[5]
Contents
Arrest[edit]
Khobragade was arrested in New York on 12 December 2013 by local police when she was dropping her daughter off at school. Reportedly, Khobragade was handcuffed; strip searched including cavity search[6][7] and confined with drug addicts and hardened criminals after her detention.[8]
She was charged with visa fraud, making false statements and underpaying Sangeeta Richard, her Indian housekeeper and babysitter. Prosecutors indicated that Khobragade claimed to pay the housekeeper $4,500 per month while actually paying her $3.31 per hour,[9] less than the US minimum wage.[10][11] It should be noted that Khobragade herself is alleged to only make $4,120 a month, though there have been articles in the press alleging a much higher salary of $100,000 a year.[12][13] Manhattan federal prosecutor Preet Bharara issued the order for her arrest,[14] saying "This type of fraud on the United States and exploitation of an individual will not be tolerated."[15] Khobragade was detained for six hours and released on a $250,000 bond after pleading not guilty and surrendering her passport.[1][2][3][4]
Background[edit]
Sangeeta Richard was hired by Devyani Khobragade in November 2012 as a nanny and domestic servant. Sangeeta left Khobragade's employment in June 2013 and hired an American immigration attorney to investigate the alleged visa fraud. Khobragade pursued the matter with the Delhi High Court, which issued an interim injunction against Sangeeta, preventing her from taking legal action outside the Indian judiciary.[16] The Metropolitan Magistrate of the South District Court in New Delhi then issued an arrest warrant for Sangeeta and requested that the US government locate her.[17]
Indian reaction[edit]
India reacted very strongly against the arrest of the diplomat and cited the Vienna Convention on Consular Relations whereby diplomats enjoy immunity. US government officials maintain that they followed "standard procedures". India's Foreign Secretary Sujatha Singh registered a protest with US Ambassador to India Nancy Jo Powell. Powell clarified that immunity from US courts only applies to "acts performed in the exercise of consular functions."[18]
In India, there was nationwide protest and criticism against the United States. Much of criticism centred on the fact that Khobragade was handcuffed in public and allegations that she was subject to a strip search and was made to share a cell with "drug addicts".[19]
Amidst outrage expressed by members in Parliament, India on Wednesday asserted that it will intervene "effectively and specifically" to ensure the return and restoration of dignity of its Deputy Consul General in New York who has been arrested on charges of visa rules violation.
Responding to concerns expressed by members across party lines in both Lok Sabha and Rajya Sabha, external affairs minister Salman Khurshid condemned the US action and said he will not return to the House if he fails in his responsibility to bring back the arrested diplomat Devyani Khobragade.
Spelling out the series of steps initiated to scale down the privileges granted to US diplomats in India, he said there was a "conspiracy" in which Khobragade was "virtually trapped". He said the diplomat is "innocent" and the US action was unwarranted. "It is not illegality that she is accused of, but the illegality she refused to oblige," he said.
Maintaining that the government was not over-reacting by taking a slew of measures against the US, Khurshid said the treatment meted out to Khobragade had "not happened out of blue" and there is a "history" behind it. He asserted that the government is determined and "will intervene effectively and specifically to ensure that dignity of the diplomat is preserved."
Khurshid made suo motu statements in both the Houses after members expressed outrage with demands that a resolution be passed to condemn the US action.
"It is my responsibility. We will bring back the diplomat (arrested in New York) and restore her dignity. If I fail to do it, I will not return to this House," he said in Rajya Sabha.In the Lok Sabha, he said, "First and foremost, our effort is to bring her out of this situation and then we will talk to the US government."
Reactions of Indian government officials[edit]
Subsequent to the event, several top politicians and officials from Indian government refused to meet the US Congressional delegation that was visiting India at that time. These included Home minister, Rahul Gandhi, Narendra Modi and Lok Sabha speaker Meira Kumar.[3][4] The US Congressional delegation included representatives George Holding, Pete Olson, David Schweikert, Rob Woodall and Madeleine Bordallo.[20]
BJP leader Yashwant Sinha called for the arrest of same-sex companions of US diplomats, citing the Supreme Court of India's recent upholding of Section 377 of the Indian Penal Code.[21][22]
Identity cards[edit]
The Indian government asked US consular officers posted in India to return all identity cards.[3][4]
Removal of barricades outside US Embassy[edit]
On 17 December 2013, Delhi Police removed all barricades outside the US Embassy in New Delhi.[23]
Unconditional apology[edit]
India has demanded an unconditional apology from the US government.[23]
Action taken by Indian Govt[edit]
In reaction to Khobragade's arrest, India asked the US government to provide details of the salaries of all domestic help, gardeners and other staff employed by US consulates in India to check for inconsistency or frauds.[23]
To ensure complete diplomatic immunity to Devyani Khobragade, India has shifted her to the permanent New York diplomatic mission, The Indian Express reported. There however is a complication. According to The Indian Express report, Devyani will have to apply for a fresh diplomatic card through the UN Secretariat, which would ultimately go for clearance to the US State Department. India is hopeful that Washington will issue the card and, in doing so, extend full immunity to her. If this process were to go through, sources said, it would ensure that Khobragade would not be subjected to any arrest or custodial interrogation in the future, the report further states.
References[edit]
- ^ a b c "US gone overboard". Firstpost World. Retrieved 17 December 2013.
- ^ a b c "Father meets Shinde". Zee News. Retrieved 17 December 2013.
- ^ a b c d "Row deepens". BBC. Retrieved 17 December 2013.
- ^ a b c d "India takes US head on". The Economic Times. Retrieved 17 December 2013.
- ^ India accuses US of immigration fraud, transfers Devyani to permanent mission at UN 18 December 2013
- ^ "Devyani Khobragade put through cavity search like criminals by US". Zee News. 18 December 2013. Retrieved 18 December 2013.
- ^ "Indian diplomat Devyani Khobragade put through cavity search like criminals by US". Economic Times. 17 December 2013. Retrieved 18 December 2013.
- ^ "Devyani live: US confirms strip search, calls it procedure'". First Post India. 18 Decemeber 2013. Retrieved 18 December 2013. Check date values in:
|date=
(help) - ^ Thomas, Emily (16 December 2013). "Women's Rights Advocate Devyani Khobragade Allegedly Paid Nanny Less Than $4 Per Hour". Huffington Post.
- ^ Burke, Jason (17 December 2013). "India-US row over arrest of diplomat Devyani Khobragade escalates". The Guardian.
- ^ George, Nirmala (17 December 2013). "India-US quarrel over diplomat's arrest worsens". Arab News.
- ^ Sharma, Rajeev (17 December 2013). "The US has gone overboard against Indian diplomat Devyani Khobragade". First Post World.
- ^ "Indian Diplomat Who Supports Women's Rights Arrested For Paying Housekeeper $3.31 Per Hour". Headlines & Global News. Dec 13, 2013.
- ^ Brar, Namrata (17 December 2013). "Indian diplomat arrested in US for alleged visa fraud, handcuffed in public". NDTV.com.
- ^ Brar, Namrata (13 December 2013). "India summons US ambassador to protest diplomat being handcuffed". NDTV.com.
- ^ "Devyani Khobragade - A doctor turned diplomat". IBN Live. 17 December 2013.
- ^ "Indian diplomat Devyani Khobragade arrested in New York for exploiting maid and visa fraud, released on bail of $2,50,000". India Today Online. 13 December 2013.
- ^ Parashar, Sachin (15 December 2013). "India, US fight over Devyani Khobragade's immunity". The Times of India.
- ^ "Devyani Khobragade: India-US diplomat row escalates". BBC News. 17 December 2013.
- ^ Magnier, Mark (17 December 2013). "India snubs U.S. delegation, withdraws security over diplomat's arrest". Los Angeles Times.
- ^ Buncombe, Andrew (17 December 2013). "India-US row over arrest of diplomat Devyani Khobragade in New York escalates". The Independent.
- ^ "Punish US diplomats with same sex companions: Yashwant Sinha". Business Standard. 17 December 2013.
- ^ a b c "India demands apology". Firstpost India. Retrieved 17 December 2013.
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Name | Khobragade, Devyani |
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