Devyani case: Strip-search finds India's spine
File photo of India's deputy consul general in New York Devyani Khobragade, who was arrested by law enforcement authorities on visa fraud charges in the US.
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NEW DELHI: L'affaire Devyani Khobragade has escalated into a full-blown diplomatic spat between India and the US. Stung by the humiliating treatment meted out to India's deputy consul general in New York, New Delhi on Tuesday upped the ante by taking a series of steps including withdrawal of certain privileges from American diplomats, removing barricades around the US embassy and seeking information on wages paid to Indians employed by the US embassy and the American School.
As political parties, cutting across party lines, condemned the US action, New Delhi unveiled a series of retaliatory actions which showed a rare hardened attitude towards the US. This was in sharp contrast to its weak-kneed response to previous slights by the US, the latest being the response to phone tapping by the Americans of the Indian mission in Washington.
On Tuesday, India demanded an unconditional apology for the humiliation of its diplomat, who was strip-searched, handcuffed, had her DNA swab taken and was bunged in a lock-up with drug addicts and common criminals. Foreign minister Salman Khurshid described the US action as completely unacceptable. "We have put in motion what we believe would be an effective way of addressing the issue but also (put) in motion such steps that need to be taken to protect her dignity," he told reporters here.
The identity cards of all US officials serving in the Mumbai, Kolkata, Chennai and Hyderabad consulates have been withdrawn, which means they will become ordinary foreign nationals rather than those with diplomatic status. Indian officials in consulates in the US are not given such ID cards, which can be used to claim immunity from the police. Special airport passes for American diplomats have also been withdrawn. Aviation authorities have been told to ensure that US embassy vehicles do not get any priority treatment at reserved parking lots at airports across the country.
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The most demonstrative action was removal of barricades from the road that runs behind the US embassy here. Bulldozers arrived on Tuesday afternoon to push away concrete barricades from the road which serves as the entry for visa seekers and had been closed to all traffic. The reason cited for this was denial of designated parking space for the Indian embassy in Washington in January this year.
'We're going to insist on strict reciprocity'
The Indian government has asked for details of family members of US officials in India, their bank accounts and whether they are employed in any capacity. Indian officials' spouses or family members in Washington have to seek special permission from the state department if they want to work outside. The government has also asked for salary and bank account details of all Indians working for the US embassy and its consulates across India, including teachers and staff employed in the American Embassy School. They want to demonstrate that unequal pay is a part of the US' own practices.
"We are going to insist on strict reciprocity," said foreign ministry officials. India has also withdrawn tax exemption facility for US diplomats to import and export items. This facility has been frequently misused by many members of the diplomatic corps of all countries. However, India has argued that since Indians don't get the same facilities in the US, there was no reason for US diplomats to enjoy the same facility in India.
Khobragade's humiliation has angered the IFS community which has asked for protection of their dignity from overzealous foreign governments. This possibly prodded the government and Salman Khurshid, who came under some criticism from other parts of the government for meeting a visiting US congressional delegation on Monday, to take up a much more aggressive stance against the US on Tuesday.
The other meetings sought by the US team were cancelled as Rahul Gandhi, Sushilkumar Shinde and Narendra Modi refused to meet it. The delegation included Congressmen George Holding (Republican, North Carolina), Pete Olson (Republican, Texas) David Schweikert (Republican, Arizona), Robert Woodall (Republican, Georgia), and Madeleine Bordallo (Democrat, Guam).
As political parties, cutting across party lines, condemned the US action, New Delhi unveiled a series of retaliatory actions which showed a rare hardened attitude towards the US. This was in sharp contrast to its weak-kneed response to previous slights by the US, the latest being the response to phone tapping by the Americans of the Indian mission in Washington.
On Tuesday, India demanded an unconditional apology for the humiliation of its diplomat, who was strip-searched, handcuffed, had her DNA swab taken and was bunged in a lock-up with drug addicts and common criminals. Foreign minister Salman Khurshid described the US action as completely unacceptable. "We have put in motion what we believe would be an effective way of addressing the issue but also (put) in motion such steps that need to be taken to protect her dignity," he told reporters here.
The identity cards of all US officials serving in the Mumbai, Kolkata, Chennai and Hyderabad consulates have been withdrawn, which means they will become ordinary foreign nationals rather than those with diplomatic status. Indian officials in consulates in the US are not given such ID cards, which can be used to claim immunity from the police. Special airport passes for American diplomats have also been withdrawn. Aviation authorities have been told to ensure that US embassy vehicles do not get any priority treatment at reserved parking lots at airports across the country.
The most demonstrative action was removal of barricades from the road that runs behind the US embassy here. Bulldozers arrived on Tuesday afternoon to push away concrete barricades from the road which serves as the entry for visa seekers and had been closed to all traffic. The reason cited for this was denial of designated parking space for the Indian embassy in Washington in January this year.
'We're going to insist on strict reciprocity'
The Indian government has asked for details of family members of US officials in India, their bank accounts and whether they are employed in any capacity. Indian officials' spouses or family members in Washington have to seek special permission from the state department if they want to work outside. The government has also asked for salary and bank account details of all Indians working for the US embassy and its consulates across India, including teachers and staff employed in the American Embassy School. They want to demonstrate that unequal pay is a part of the US' own practices.
"We are going to insist on strict reciprocity," said foreign ministry officials. India has also withdrawn tax exemption facility for US diplomats to import and export items. This facility has been frequently misused by many members of the diplomatic corps of all countries. However, India has argued that since Indians don't get the same facilities in the US, there was no reason for US diplomats to enjoy the same facility in India.
Khobragade's humiliation has angered the IFS community which has asked for protection of their dignity from overzealous foreign governments. This possibly prodded the government and Salman Khurshid, who came under some criticism from other parts of the government for meeting a visiting US congressional delegation on Monday, to take up a much more aggressive stance against the US on Tuesday.
The other meetings sought by the US team were cancelled as Rahul Gandhi, Sushilkumar Shinde and Narendra Modi refused to meet it. The delegation included Congressmen George Holding (Republican, North Carolina), Pete Olson (Republican, Texas) David Schweikert (Republican, Arizona), Robert Woodall (Republican, Georgia), and Madeleine Bordallo (Democrat, Guam).
http://timesofindia.indiatimes.com/india/Devyani-case-Strip-search-finds-Indias-spine/articleshow/27546955.cms
To bypass foreign labour laws, MEA seeks govt staff status for domestic help
Subhomoy Bhattacharjee Posted online: Wed Dec 18 2013, 03:09 hrs
New Delhi : Following the Devyani Khobragade case, the Ministry of External Affairs (MEA) has cleared a proposal to give the status of government employees to the personal staff of Indian diplomats posted abroad, including cooks and other domestic help. This would mean that such staff would not be under the labour laws of the respective countries, and their salary bill would be taken care of by the Government of India.The MEA sent the proposal to the Ministry of Finance on Monday night. If implemented, no foreign country would be able to proceed against any Indian Foreign Service officer on issues related to how they treat their personal staff from India.
The MEA has asked the department of expenditure in the finance ministry to also permit diplomats of the rank of director and above to employ two such staff members. The MEA has said that the financial implication of the proposal would not be substantial as the Indian government already pays an allowance under this head to diplomats posted abroad.
The MEA’s reasoning is that since the Government of India is already issuing official passports, paying for insurance and travel, including one home visit, during the tenure, entering into a short-term government contract does not make any material change but could help avoid such situations in the future.
But the finance ministry is opposed to the plan as it fears that it may become an open-ended liability. An official pointed out that once the personal staff are made government employees, there is no provision in the service manuals to retrench them. “These people cannot be made contract employees with a limited term of employment as that will not provide them the immunity being sought,” explained the official.
As government employees, they would be eligible for all salary and pension privileges.
Moreover, with the number of Indian government employees being posted abroad increasing, there would be copycat demands to give all of them the same status, added the official.
The current practice in the Indian missions abroad is to grant government employee status to those who are recruited from India after undergoing different layers of examination. All other staff are hired on contract and do not enjoy any diplomatic cover.
The MEA has asked the department of expenditure in the finance ministry to also permit diplomats of the rank of director and above to employ two such staff members. The MEA has said that the financial implication of the proposal would not be substantial as the Indian government already pays an allowance under this head to diplomats posted abroad.
The MEA’s reasoning is that since the Government of India is already issuing official passports, paying for insurance and travel, including one home visit, during the tenure, entering into a short-term government contract does not make any material change but could help avoid such situations in the future.
But the finance ministry is opposed to the plan as it fears that it may become an open-ended liability. An official pointed out that once the personal staff are made government employees, there is no provision in the service manuals to retrench them. “These people cannot be made contract employees with a limited term of employment as that will not provide them the immunity being sought,” explained the official.
As government employees, they would be eligible for all salary and pension privileges.
Moreover, with the number of Indian government employees being posted abroad increasing, there would be copycat demands to give all of them the same status, added the official.
The current practice in the Indian missions abroad is to grant government employee status to those who are recruited from India after undergoing different layers of examination. All other staff are hired on contract and do not enjoy any diplomatic cover.
http://www.indianexpress.com/news/to-bypass-foreign-labour-laws-mea-seeks-govt-staff-status-for-domestic-help/1208975/
Devyani live: US confirms strip search, calls it ‘procedure’
by 12 mins ago
7.45 am: Proper procedure was followed in Devyani's arrest: US
The US Marshals Service (USMS) has confirmed that Indian diplomat Devyani Khobragade was subjected to "strip search" after her arrest in New York last week, and subjected to the same search procedures as other arrestees.
"As for the type of search, I can only confirm that she was subject to the same search procedures as other USMS arrestees held within the general prisoner population in the Southern District of New York, which in this case was a strip search," USMS spokesperson Nikki Credic-Barrett said yesterday.
In response to a question on putting the her with drug addicts in the cell, she said: "the arrestee was placed in a cell with other female defendants awaiting court proceedings."
She, however, refused to take any position on her arrest, saying said USMS was not the arresting agency and takes no position regarding the appropriateness of her arrest.
The USMS has reviewed its own detention of arrestee Devyani Khobragade and has determined that the USMS, Southern District of New York handled Khobragade's intake and detention in accordance with USMS Policy Directives and Protocols, she said.
7.00 am: US asks India to respect Vienna convention
The US today appealed to India to uphold the Vienna Convention principles and ensure the safety and security of its diplomats stationed in the country, as New Delhi took a series of steps in response to the arrest and inhuman treatment of its diplomat in New York last week.
"We have conveyed at high levels to the government of India our expectation that India will continue to fulfill all of its obligations under the Vienna Convention on diplomatic relations and consular relations. Obviously the safety and security of our diplomats and consular officers in the field is a top priority," the State Department Deputy Spokesperson Marie Harf told reporters at her daily news conference.
"We'll continue to work with India to ensure that all of our diplomats and consular officers are being afforded full rights and protections. Safety and security of our facilities as well is something we take very seriously, and we'll keep working with the Indians on that," she said.
Harf was responding to questions about the withdrawal of certain privileges given by India to US diplomats in the country after the arrest and the alleged inhuman treatment of Devyani Khobragade. The Indian government was informed about the allegations of visa fraud
-- end of updates for 17 December --
9:45 pm: Khobragade put through strip and cavity search like criminals by US
Senior Indian diplomat Devyani Khobragade, arrested in New York on charges of visa fraud, was put through both strip and cavity searches, procedures normally used for criminals.
The 39-year-old deputy Consul General in New York, after being arrested and handcuffed in public while dropping her daughter to school on Thursday, was detained with sex workers and drug addicts, sources said.
7.04 pm: Twitter divided over India's reaction on Devyani Khobragade
While India may have taken strict action on how Devyani Khobrage was treated, many on Twitter have questioned why the maid was underpaid.
The twitterati, while suggesting that India was over reacting, were of the opinion that probably the diplomat does deserve to be pulled up, if not in the way the US has gone about it.
Here are some reactions:
Devyani Khobragade was after all underpaying her maid & breaking US law. Why GOI going overboard.. Gidar Dhamki..SG ko bachane ke liye..
- sapna parmar (@parmarsap) December 17, 2013Didnt accrue loyalty points? RT @ash_dubey When Dr. Kalam was strip searched, UPA did NOT do all these??? WHy now on Devyani Khobragade ?
- Emanin (@emanin) December 17, 2013When you cannot afford a nanny, you don't. Bending the law is not the solution. Never for a diplomat. http://t.co/RkabU7K8CJ via @ibnlive
- Shyam Srikumar (@shyamsrikumar) December 17, 2013If it takes a bullying US to teach our diplomats about human rights and minimum wages, so be it. Devyani Khobragade can't get away
- Abishek Chopra (@abishekchopra) December 17, 2013However there were many who did support India's reaction and also thought that what the US did to her was not correct.
1st time UPA acts tough with US. Devyani Khobragade,as a woman &Indian, shouldn't have been treated this way by the US. Boycott US products?
- Dr Pravin Togadia (@DrPravinTogadia) December 17, 2013Impressed with the Indian govt moves in Devyani Khobragade case...takes US head on..
- Sudarshan Kumar (@sudarshankr) December 17, 2013Meanwhile, this tweet was also making rounds of Twitter, poking fun at the whole incident and revealing the typical Indian mindset.
@SakshiMithal now that u in del:Overheard in Khan Market: "That poor Devyani Khobragade. Arrested, strip-searched, & worst of all, NO MAID."
- Purvi Parkeria (@purviparkeria) December 17, 20135.23 pm: India demands unconditional apology from US
After taking a number of measure to show its displeasure over the treatment of Devyani Khobragade in New York, India has also demanded unconditional apology from US over the diplomat's humiliation.
4.41 pm: Delhi police remove barricades outside US embassy
After a direction from the the government, the Delhi police has removed barricades outside the US embassy in Delhi.
Such measures were taken to express India's displeasure over the treatment meted out to Indian diplomat Devyani Khobragade in New York.
Times Now reportes that the highest ranks of the Delhi police officers are present for the exercise.
3. 20 pm: My daughter's arrest is a conspiracy, says Devyani Khobragade's father
After meeting Home Minister Sushil Kumar Shinde, Diplomat Devyani Khobragade's father says his daughter's arrest in the US 'is a total conspiracy.'
Earlier, he had said that the Home Minister has assured him that the Indian government will pursue US government to drop charges against Devyani.
2. 55 pm: India asks for details of salaries paid to domestic help
The row over diplomat Devyani Khobragade's arrest has intensified further. India has now asked for details of salaries paid to domestic help, gardener and other Indian staff in US consulates.
The Indian government has also asked US officials to remove barricades outside the Delhi embassy. India has also stopped all import clearances for US embassy including food, liquor. According to PTI reports, government has also asked for visa and other details of all teachers at US schools.
US policy consistent:One set of rules for own people.Another set of rules for the rest of the world.Devyani Khobragade just another example
- Smita Barooah (@smitabarooah) December 17, 2013Row over diplomat Devyani Khobragade's arrest intensifies: Delhi Police asked to lift barricades outside US embassy, say sources.
- NDTV (@ndtv) December 17, 20132. 50 pm: Arrest same sex companions of US diplomats in India, says Yashwant Sinha
According to NDTV report, the Indian government has withdrawn airport passes for US consulates and embassies.
Meanwhile, Senior BJP leader Yashwant Sinha has raised eyebrows with a comment that after the arrest and alleged mistreatment of diplomat Devyani Khobragade in the US, India should reciprocate by arresting the same sex companions of American diplomats using a Supreme Court verdict that restored a ban on gay sex last week.
"My suggestion to the Government of India is, the media has reported that we have issued visas to a number of US diplomats' companions. 'Companions' means that they are of the same sex. Now, after the Supreme Court ruling, it is completely illegal in our country. Just as paying less wages was illegal in the US. So, why doesn't the government of India go ahead and arrest all of them? Put them behind bars, prosecute them in this country and punish them," Sinha said.
1. 30 pm: Govt has assured me full support, says Indian diplomat's father
"The Indian government has assured me full support," the Indian diplomat's father Uttam Khobragade told reporters after meeting Home Minister Sushilkumar Shinde.
He said that the Home Minister has assured him that the Indian government will pursue US government to drop charges against Devyani.
Khobragade's father had earlier said that that his daughter is being made "a scapegoat" and asked UPA chairperson Sonia Gandhi to intervene to get his daughter back. "It is the government who has send my daughter. It is a political issue between these two countries and my daughter is being made a scapegoat," Devyani's father Uttam Khobragade had said.
1. 15 pm: Salman Khurshid says level of indignity is unacceptable
Addressing a press conference, External Affairs Minister Salman Khurshid termed the arrest of Indian diplomat in a 'barbaric' way as unacceptable.
"We feel an extreme level of distress. This is completely unacceptable. Whatever needs to be is being done. We have put in motion of what we believe will address the issue."
"Have communicated our dissent to the US. I can assure you that we will take this very seriously," Khurshid told reporters.
1. 00 pm: Turn in your IDs, India tells US diplomats as row escalate
Angry over the "despicable" and "barbaric" treatment meted out to its diplomat, India Tuesday asked US diplomats to turn in their IDs even as Congress vice president Rahul Gandhi and union Home Minister Sushilkumar Shinde declined to meet a visiting US Congressional delegation.
11. 55 am: Rahul, Shinde refuse to meet US Congressional delegation
Adopting a tough stand, Congress vice president Rahul Gandhi, Home Minister Sushilkumar Shinde and Gujarat Chief Minister Narendra Modi on Tuesday refused to meet a visiting US congressional delegation to show India's displeasure over the treatment meted out to Devyani Khobragade, India's deputy consul general in New York.
According to reports, all ministers have been asked to not meet with US ministerial panel to protest the diplomat's arrest.
Refused to meet the visiting USA delegation in solidarity with our nation, protesting ill-treatment meted to our lady diplomat in USA.
- Narendra Modi (@narendramodi) December 17, 2013The diplomatic snub comes a day after Lok Sabha Speaker Meira Kumar and National Security Advisor Shivshankar Menon cancelled their meetings separately with the visiting US delegation.
The NSA is known to have described the treatment meted out to Devyani Khobragade, India's deputy consul general in New York, as "despicable" and "barbaric", a source told IANS.
Khobragade was strip searched, confined in a cell with drug addicts and also subjected to DNA swabbing, sources confirmed to IANS.
]![Khobragade's arrest raises many questions. PTI]()
Khobragade's arrest raises many questions. PTI
Speaker Meira Kumar, herself a former Indian diplomat, declined to meet the US delegation, comprising Republican and Democrat members, "as a sign of displeasure" over the treatment meted out Khobragade.
Khobragade's arrest raises many questions. PTIKhobragade, one of India's senior diplomats in New York, was charged last week with visa fraud and making false statements.
She was accused by Manhattan's Indian American US Attorney Preet Bharara of visa fraud and exploiting her babysitter and housekeeper. She was handcuffed in public by law enforcement authorities in New York Thursday while she was dropping her daughter at school.
India has termed the treatment meted out to the envoy as "absolutely unacceptable". US Ambassador Nancy Powell was summoned to South Block by Foreign Secretary Sujatha Singh Dec 13 and a strong protest lodged over the treatment.
11.30 pm: Khobragade named in housing scam too?
Last year, Khobragade reportedly was one of 15 Indian officials named in an alleged housing scam. She reportedly testified before a judicial panel investigating how she and other people with influence obtained apartments in a new Mumbai co-op built by the government, reports NY Daily News.
11. 20 am: US says standard procedures followed on diplomat Devyani
India's deputy consul general in New York, the US State Department sought to pass the buck to the justice department and the local police.
"The State Department's Diplomatic Security followed standard procedures during the arrest," spokesperson Marie Harf told reporters on Monday when asked why the US was not respecting basic courtesies to a diplomat as it expected others to respect its own diplomats.
"After her arrest, she was passed on to the US marshals for intake and processing. So for any additional questions on her treatment, obviously, this would be the US Marshals and not us. I would refer you there," she said.
11. 10 am: Diplomat Devyani strip-searched, India snubs US team
India's deputy consul general in New York Devyani Khobragade was strip-searched and confined with drug addicts after her detention in a visa fraud case. She was also subjected to DNA swabbing.
On Monday, India retaliated against the US for the humiliation of diplomat with Speaker Meira Kumar and NSA Shivshankar Menon refusing to meet a Congressional delegation on Monday.
Sources confirmed that the government made it a point to convey to the delegation that the Speaker was not going to receive them because she had been deeply troubled by the manner in which Khobragade, who is accused of visa fraud, had been dealt with by the US authorities.
India has been deeply offended by the manner in which Khobragade was treated by the US authorities who chose to ignore her status as a middle-level diplomat from a friendly country. It has continued to emphasize before the state department that the treatment meted out to Khobragade was in complete violation of Vienna Convention on Consular Relations (VCCR). http://www.firstpost.com/printpage.php?idno=1291025&sr_no=0