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RCase wrote:Q. Since SR was on official Indian passport and by way of DK also privelged with consular immunity, was she liable to pay US taxes or Indian taxes? If it is Indian taxes, the question of W 2 etc. doesn't arise. If she had US withholdings, was she SR filing US taxes. Was she reporting ALL her income and perks monetized? If so, what did she report as her income?.
They are exempt for local taxes and personal taxes since income would be taxed by GOI. They are also not to engage in private personal employment for gains.
Article 49
Exemption from taxation
1. Consular officers and consular employees and members of their part of their households shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except:
(a) indirect taxes of a kind which are normally incorporated in the price of goods or services;
(b) dues or taxes on private immovable property situated in the territory of the receiving State, subject to the provisions of Article 32;
(c) estate, succession or inheritance duties, and duties on transfers, levied by the receiving State, subject to the provisions of paragraph (b) of Article 51;
(d) dues and taxes on private income, including capital gains, having its source in the receiving State and capital taxes relating to investments made in commercial or financial undertakings in the receiving State;
(e) charges levied for specific services rendered;
(f) registration, court or record fees, mortgage dues and stamp duties, subject to the provisions of Article 32.
2. Members of the service staff shall be exempt from dues and taxes on the wages which they receive for their services.( applicable to SR)
3. Members of the consular post who employ persons whose wages or salaries are not exempt from income tax in the receiving State shall observe the obligations which the laws and regulations of that State impose upon
employers concerning the levying of income tax.
>>Wait till you hit a glass door and you WILL hit one if you are here long enough. Hopefully it wont be as painful as it was for me
This does not compute. It appears you may be conflating personal experience with general trend. In the US, there are Indians or Indian origin folk at virtually all levels of management in any industry they care to be in. The glass door, such as it is, does not stand in the way of Indians alone. We must endeavor to view the US precisely as it is...
Right now it has made what appears to be a tactical blunder concocted and calibrated at the middle to lower levels of a couple of bureaucracies. The idea is to engineer with appropriate intervention a full and satisfactory recovery.
It is in the two countries' mutual interest that we remain positively disposed towards each other.
JEM ji,
Like I said, for me it was an interesting experience and I will leave it at that. But again, I wonder if it was just the situation or something else played into it. I dont know, and it is irrelevant here.
In any case, yes, you are right we need to remain positively disposed towards each other. For that to happen, we need to dismantle "indic studies", "indology", "social scientists" etc and have a mutually respectful relationship. Rajiv Malhotra recently had an video on this.
This cottage industry distorts any attempt by an average amru to understand India making it difficult on both sides. That alone is the point I was trying to make, but maybe I am wrong on that aspect as well.
Finally India needs to put those barriers back up at the US embassy. There are hundreds of thousands of Afghans and also disgruntled Muslims in Delhi and environs.
That is again unrelated to the issue at hand. It was removed because US removed parking restriction in front of our buildings in US despite request from India. Let us get that restored first. Indian are not exactly safe outside as well . Witness attack and killing of Indian diplomat in IE Afg. Amrikhan is full of Pakis and jihadis trying to do harm to Indian interests.
JE Menon wrote:>>>in the next 8 years (hopefully), India booms economically, governance improves, you'll see far less accommodation
There should be zero accommodation now. GoI did not start this mess, nor Devyani. It is cap and rollback time for the US. They can do it in a way that saves face no problem.
Trouble is there is no one in the relevant US bodies right now to quietly say "we ****** up on this one", let's set it straight people.
Very true JEM. In the mid 90s when Robin Raphael went on a rampage against India, Sen Daniel Patrick Moniyan the former US ambassador called up Bill Clinton and reined the attack dogs.
Looks like no one cares or has the insight to call up the White House and ask whats going on?
Condy Rice is one candidate who I would expect would quietly talk straight to Obama on this. but not sure if the Bush staff has been shut out of the WH entirely. it's possible. Obama's team is explicitly made of different kind of people, compared to what Bush had.
I wonder if India kept any communications open with GWB after his Presidency. I wonder if anybody in MEA of GOI even has that kind of foresight?!
If they tried such tactics against the Russians they would have responded them in kind .....retribution is an effective tool.
Either ways the FBI waited for a decade to come up with this knowing well for a long time what was happening ....so there was a political mandate to expose the medical scam.
Krittika Biswas, a high school student, handcuffed on February 8, 2011 and taken from school for alleged "cyber bullying". Spent 28 hrs in jail This happened even though she had diplomatic immunity, her dad Debashish Biswas was vice-consul in New York Then Indian consul general in NY as well as ambassador Meera Shankar intervened, but cops refused to free her
Why were the illegal unilateral privileges granted to US Embassy personnel not withdrawn inspite of three earlier instances? Even Devyani issue would have been ignored had it not been for TV Media & Outrage in IFS lobby. As I said before, this is a smack down of IFS lobby with the go ahead of Sonia and Munna Govt. One would have to assume that Krittika Biswas, a high school student was also molested in similar way. Not to forget, she was found innocent and till date no action has been taken against the Chinese Girl who was found guilty. All this things are being done by USA to get IFS lobby in line before possible ascent of NAMO.
Last edited by vic on 22 Dec 2013 11:41, edited 1 time in total.
Theo_Fidel wrote: US Marshals conducted the arrest on behalf of US attorney. The US attorney has stated that only a strip search was conducted, no cavity search. .
Is there any video evidence that can rest this speculation at rest. The statement by Dk has come immediately after she was released on personal bond. Her statement would be more credible and statement of USMS and Attorney would be seen an as an attempt to cover up. I don't trust them or their system. They could be as unfair and racial and prejudiced as anyone else.
1. some bleeding heart liberal told the help to get the t1 t2 trafficking visa.
2. they had to back their story with a credible complaints against their employer. filed it in the USA.
3. they got the visas/gcs and were given refugee status in the USA. flown out.
4. employer gets into trouble.
5. my sources including someone who knows dk personally in nyc tells me that his has been seen many times previously as well. all because someone got greedy for a usa visa/gc.
6. usa would be wise to such tricks ...but folks who know how to work the system like Sangeetas inlaws who worked for a bleeding heart liberal in Delhi...work it with help from the b.h.l employer.
KrishnaK wrote:There is quite a bit of angst about outsourcing and the loss of american jobs, especially when the economy isn't doing so well. The same country has had an enormous amount of immigrant Indian success stories. Stories that are celebrated in the american their media as representative of their country. I appreciate that.
KrishnaK, The glasses you use seem to be unusually rose-tinted...
Can you point me to any articles that link the large number of individual Indian success stories positively to Indian culture ? Whereas, if you were to do a search for articles that link the number of rapes in India to Indian culture, or Indian treatment of servants and 'traficking' to Indian culture and 'caste system' there would surely be innumerable ones.
I would like objective backing to your claim that there are equally positive and negative references to Indian culture in the American media.
Bleeding heart liberalism is only against hindoos not in evidence during Bangladesh genocide,Baltistan/Balochistan mini genocides/daily terrorism against hindoos/massihas in pakhanasthan,barbarism in pro-west dictatorships ranging from ME to south and central america.Its fine so long as Nazarenes and pro-US muslims are raping and killing.But cases have to cooked up/spruced up in case of smelly heathens worshipping elephant headed gods.
A_Gupta wrote:You have already convicted DK? These are allegations from a lame-ass prosecutor.
Would that be US Attorney Bharara? If so, he may not be the above. If he is really then president Obama is not a very good judge of people which I suspect is not the case.
Preet Bharara is a Lame ass prosecutor and an house slave straining at his Massa's leash .
I can also take up requests on other personalities like Obama , Kerry , Hillary etc depending on leisure.
Last edited by Lilo on 22 Dec 2013 12:04, edited 1 time in total.
LokeshC wrote:For that to happen, we need to dismantle "indic studies", "indology", "social scientists" etc and have a mutually respectful relationship. Rajiv Malhotra recently had an video on this. This cottage industry distorts any attempt by an average amru to understand India making it difficult on both sides. That alone is the point I was trying to make, but maybe I am wrong on that aspect as well.
We don't need to dismantle anything. The americans are a smart people. If it makes sense for them, they will do the dismantling.
LokeshC wrote:For that to happen, we need to dismantle "indic studies", "indology", "social scientists" etc and have a mutually respectful relationship. Rajiv Malhotra recently had an video on this. This cottage industry distorts any attempt by an average amru to understand India making it difficult on both sides. That alone is the point I was trying to make, but maybe I am wrong on that aspect as well.
We don't need to dismantle anything. The americans are a smart people. If it makes sense for them, they will do the dismantling.
Dude, you win. I already conceded to you. Can we move on now?
KrishnaK, I am very much aware of the Indian American success story and the whole 'model minority' thingie. As a matter of fact, I would count myself among the better informed on Indian American success statistics - which makes it the #1 ethnic community by far on most parameters...
But American media is yet to link this specifically to Indian culture (other than the odd article on spelling bee success that delves into rote learning or other reasons)....Surely there is something about Indian culture that is the reason behind this high-performing community. And yet - you will find tons of articles that link the rapes in India or the new thingamajig of 'traficking' to Indian culture.
Celebrating individuals or even Indian Americans as a community is one thing - references to Indian culture in positive or negative light are quite another. If you do the analysis on the latter term, you will NOT find it to be balanced. I would be quite interested in any evidence to the contrary.
svenkat wrote:J
The entire Indian society looks upto US.Even in BRF,so many are Indian Americans or Indians in America.Does not Srikrishna say mangoabduls look upto shreshta-s.Orthodox hindus are among the most law abiding citizens in world who respect authority,duly constitued hierarchy.In India,technocrats,business leaders,dalits,NGOs,christians,press magnates,politicians,DMK,Hindu upper castes look upto US as innovators,source of technology/capital,trend setters.The pluralistic US society is admired for freedom it gives the indvidual to go about his life,for rule of law,for sexual freedom,for expressing oneself in arts and letters.Let us not forget the huge gujrati diaspora in US or that Arun Jaitley/Jaswant Singh too are admirers of US.Over and above these good reasons are sources of corruption-scholarships/fellowships for useless journalists/humanities people and travel junkets.
In our society,we know for sure that for many many people in our middle classes,US is the first choice as destination.Many a IIT graduate choses US as first choice.The sons of govt bureacrats chose US,true through the 'honest' STEM route.In the marriage 'market' a US son-in-law is preferred.
THis is entirely due to brainwashed campaign created after 1991 where the media and education in India was twisted towards the west and US. Such a large country being led astray has not happened before and this is due to an entire generation which is DIE which has lost the nationalistic thought process. Their sole aim is to keep looking outside and praising the western countries and their economy. The indians have been fed with all kind of nonsense as in the above post about the west and their 'freedom'.
The common Indian is confused about his own country and nationalism. Nationalism is the fundamental foundation of the nation
Let me begin by The common Indian, which none of us are, is more nationalistic than any of us. For the simple reason he has nothing else. The poorest are the smartest and it is not easy to lead them astray.
KrishnaK, I am very much aware of the Indian American success story and the whole 'model minority' thingie. As a matter of fact, I would count myself among the better informed on Indian American success statistics - which makes it the #1 ethnic community by far on most parameters...
But American media is yet to link this specifically to Indian culture (other than the odd article on spelling bee success that delves into rote learning or other reasons)....Surely there is something about Indian culture that is the reason behind this high-performing community. And yet - you will find tons of articles that link the rapes in India or the new thingamajig of 'traficking' to Indian culture.
Celebrating individuals or even Indian Americans as a community is one thing - references to Indian culture in positive or negative light are quite another. If you do the analysis on the latter term, you will NOT find it to be balanced. I would be quite interested in any evidence to the contrary.
Success stories tend to spin positive opinions about where they come from. Sometimes it breeds resentment too. I am willing to bet that if you asked most americans "what's the first thing that comes to your mind about India or Indians" it would be one of "chicken tikka masala", "IT" or "yoga".
USA has got its Indian dog ToIlet paper to attack Devyani & family on the front page. Anyway posting below from a friendly forum which shows Devyani is stupid (but you still cannot rape her). How idiots like her are given important positions??:-
MANDA K Ty GREENBERG
Assistant United States Attorneys
Before: HONORABLE DEBRA FREEMAN
United States Magistrate Judge
Southern District of New York
__________-___i__.x
UNITED STATES OF AMERICA SEALED COMPLAINT
— v. — Violations of
. l8 U.S.C. §§ l00l, l546(a) and
DEVYANI KHOBRAGADE, 2.
Defendant. COUNTY OF OFFENSE:
NEW YORK
.___,___,-__,.____x
COUNTY OF NEW YORK )
STATE OF NEW YORK ) ss.:
SOUTHERN DISTRICT OF NEW YORK )
MARK J. SMITH, being duly sworn, deposes and says that he
is a Special Agent with the United States Department of State,
Diplomatic Security Service (“DSS"), and charges as follows:
COUNT ONE
(Visa Fraud)
1. In or about November 2012, in the Southern District of
New York and elsewhere, DEVYANI KHOBRAGADE, the defendant, wilfully
and knowingly did make under oath, and under penalty of perjury under
Title 28, United States Code, Section l'746, and did subscribe as true,
a false statement with respect to a material fact in an application,
affidavit, and other document required by the immigration laws and
regulations prescribed thereunder, and did present such application,
affidavit, and other document which contained such false statement
and which failed to contain any reasonable basis in law or fact, and
did to wit, Kl-IOBRAGADE caused to be submitted to the U.S. Department
of State an employment contract that KHOBRAGADE knew to contain
materially false and fraudulent statements, which contract was
submitted in support of a visa application filed by KHOBRAGADE for
another individual. V
(Title 18, United States Code, Sections 1546(a) and 2.)
COUNT TWO
(False Statement)
2. In or about November 2012, DEVYANI KHOBRAGADE, the
defendant, in a matter within the jurisdiction of the executive
branch of the Government of the United States, willfully and
knowingly, did falsify, conceal, and cover up by trick, scheme, and
device material facts, and made materially false, fictitious, and
fraudulent statements and representations, to wit, KHOERAGADE caused
to be submitted to the U.S. Department of State an employment contract
that KHOBRAGADE knew to Contain materially false and fraudulent
statements, which contract was submitted in support of a visa
application filed by KHOBRAGADE for another individual, and
KHOERAGADE caused another individual to make statements KHOERAGADE
knew to be materially false, fictitious, and fraudulent, to an
employee of the United States Embassy in New Delhi, India, in support
of the same visa application.
(Title 18, United States Code, Sections 1001 and 2.)
The bases for my knowledge and for the foregoing charges
are, in part, as follows:
3. I am a Special Agent with DSS, and am the lead
investigator of the above~captioned case. I am familiar with the
facts and circumstances set forth below from my personal
participation in the investigation, including my review of pertinent
documents and interviews of witnesses. Because this affidavit is
being submitted for the limited purpose of demonstrating probable
cause, it does not include details of every aspect of my
investigation. Where I relate statements, conversations, and
actions of others, those statements, conversations, and actions are
related in substance and in part, except where otherwise indicated.
4. Since in or about November 2012, DEVYANI KHOERAGDE, the
defendant, has been employed as the Deputy Consul General for
Political, Economic, Commercial and Women's Affairs at the Consulate
General of India in New York, New York. Based on my review of an
official database of the U.S. Department of State, and my
conversations with an employee of the Protocol section of the U.S.
Department of State, which is the entity that accredits foreign
diplomats and determines immunity levels, I know that KHOBRAGADE
enjoys limited diplomatic immunity with respect to only those acts
undertaken in her official capacity.
5. Based on my review of the publicly—available website
entitled “Visas for Diplomats and Foreign Government Officials,"1
published by the U.S. Department of State, Bureau of Consular Affairs
(the “Website”), I know the following (the quoted paragraphs below
have been copied verbatim from the Website):
a. Diplomats and consulate officers may obtain A-3
visas for their personal employees, domestic workers, and servants ,
if they meet the requirements set out in in 9 Foreign Affairs Manual ‘
(“FAM”) 41.22.
b. “As part of the application process, an interview
at the embassy or consulate is required. Proof that the applicant
will receive a fair wage, sufficient to financially support himself,
comparable to that being offered in the area of employment in the
U.S. is required.”
c. To apply for an A~3 visa, the visa applicant must
submit the following, among other items:
i. An “Employment Contract signed by both the
employer and the employee which must include each of the following
items:“
1. “Description of Duties. The contract must
describe the work to be performed, e.g., housekeeping, gardening,
child care, and also must include a statement that the domestic
employee shall work only for the employer who signed the contract.“
2. “Hours of Work. The contract must state
the time of the normal working hours and the number of hours per week.
It is generally expected that domestic workers will be required to
work 35—4O hours per week. It also must state that the domestic
employee will be provided a minimum of one full day off each week.
The contract must indicate the number of paid holidays, sick days,
1 Available at
Visas for Diplomats and Foreign Government Officials.
3
and vacation days the domestic employee will be provided."
3. “Minimum Wage. The contract must state
the hourly wage to be paid to the domestic employee. The rate must
be the greater of the minimum wage under U.S. Federal and state law,
or the prevailing wage for all working hours. Information on the
prevailing wage statistics by occupation and metropolitan area is
available on the Department of Labor's Online Wage Library 8: Data
Center website."
4. “The contract must state that wages will
be paid to the domestic employee either weekly or biweekly. As of
March 20ll, the Department determined that no deductions are allowed
for lodging, medical care, medical insurance, or travel. A5 of April
2012, deductions taken for meals are also no longer allowed."
5. “Overtime Work. The contract must state
that any hours worked in excess of the normal number of hours worked
per week are considered overtime hours, and that hours in which the
employee is “on call” count as work hours. It also must state that
such work must be paid as required by U.S. local laws.”
6. “Payment. The contract must state that
after the first 90 days of employment, all wage payments must be made
by check or by electronic transfer to the domestic worker's bank
account. Neither Mission members nor their family members should have
access to domestic workers’ bank accounts. In addition, the
Department requires that the employer retain records of employment
and payment for three years after the termination of the employment
in order to address any complaints that may subsequently arise.
Further, the bank account must be in the United States so that
domestic workers may readily access and utilize their wages."
7. “Other Required Terms of Employment. The
contract must state that the employer agrees to abide by all Federal,
State, and local laws in the United States. The contract also must
include a statement that the domestic worker’ s passport and visa will
be in the sole possession of the domestic worker. In addition, the
contract must state that a copy of the contract and other personal
property of the domestic employee will not be withheld by the employer
for any reason. The contract must include a statement that the
domestic worker's presence in the employer's residence will not be
required except during working hours. The contract must also include
a statement by the employee, promising not to accept any other
employment while working for the employer."
6. Based on my interviews of an individual who, in or about
the fall of 20l2, was residing in India (“Witness~l”), I know the
following, in substance and in part:
a. In or about the fall of 2012, Witness—l met at
least twice with DEVYANI KHOBRAGADE, the defendant, at KHOBRAGADE’s
residence in India (the “Residence") in reference to Witness—l’S
potential employment as a domestic worker for KHOBRAGADE in New York,
New York.
b. KHOBRAGADE told Witness-l that KHOBRAGADE was
seeking to hire a babysitter who also could handle additional
household work at her home in New York. After some discussion,
KHOBRAGADE agreed to pay Witness~l 30,000 rupees per month.
KHOBRAGADE stated that she would need to observe Witness—1's work.
C. At KHOBRAGADE's request, Witness—l stayed at the
Residence for a trial employment period of several days. At the
conclusion of the trial employment period, KHOBRAGADE told Witness—1
to expect a call from the United States Embassy in India (the “U.S.
Embassy”).
7. Based on my interviews of the spouse of Witness»1
(“Witness~2“), I know the following, in substance and in part:
a. Witness-2 and Witness—l met with DEVYANI
KHOBRAGADE, the defendant, at the Residence in reference to
WITNESSA1’ s potential employment for KHOBRAGADE in New York, New York
as a domestic helper. KHOBRAGADE offered to pay Witness—l a starting
salary of 25,000 rupees per month, plus an additional 5,000 rupees
for overtime.
b. At KHOBRAGADE's request, Witness—l stayed at the
Residence for a trial employment period of several days.
c. KHOBRAGADE stated that she would apply for a
passport for Witness—l through the Indian Ministry of External
Affairs. Witness—l provided KHOBRAGADE with her Indian passport.
8. Based on my review of a publicly available report of the
U.S. Department of Treasury, which sets forth the rate of exchange
in effect as of September 1, 2012, I know that at that time, 52.35
rupees was equivalent to $1 U.S. dollar. At that rate of exchange,
30,000 rupees is equivalent to $573.07 U.S. dollars. At 40 hours
per week, with approximately 4.3 weeks in a month, $573.07 dollars
equates to a rate of $3.31 per hour.
9. Based on my review of a U.S. Department of State
database, I know the following:
a. On or about September 27, 20l2, an electronic form
DS~l60, which is a visa application, was submitted through the
website for the U.S. Department of State's Consular Electronic
Application Center, for an A-1 visa for DEVYANI KHOBRAGADE, the
defendant. The visa application for KHOBRAGADE stated that nobody
assisted KHOBRAGADE in the preparation of the application, which was
electronically signed by the applicant, KHOBRAGADE, and filed from
a computer or digital device with an identified IP address (the
“Khobragade IP Address"),
b. On or about October l5, 20l2, an electronic form
DS—16O was submitted through the website for the U.S. Department of
State's Consular Electronic Application Center, for an A-3 visa for
Witness~l. The A<3 application for Witness~l (the “Visa
Application”) indicated that the preparer was KHOBRAGADE, and that
the Visa Application was submitted from a computer or digital device
assigned the Khobragade IP Address.
c. The Visa Application stated that an A—3 visa was
sought for Witness~1, who was to be the personal employee of
KHOBRAGADE beginning in November 2012 at an address in New York, New
York.
d. The Visa Application stated that Witness~l was to
be paid $4,500 per month in U.S. dollars.
e. On or about November l, 2012, Witness~1 appeared
at the U.S. Embassy to be interviewed in connection with the Visa
Application.
10. Based on my interviews of witness-1, I know the
following, in substance and in part:
a. When Witness—l first appeared at the U.S. Embassy
to be interviewed in connection with the Visa Application, an
employee at the U.S. Embassy told Witness~l she could not be
interviewed until she returned with the necessary paperwork.
b. Witness~l contacted KHOBRAGADE, who then executed
an employment Contract with Witness-1 (the “First Employment
Contract"). KHOBRAGADE provided Witness—l with the First
Employment Contract to bring to Witness-l’s interview at the U.S.
Embassy in connection with the Visa Application. KHOBRAGADE told
Witness—l that the First Employment Contract was a formality to get
the visa.
b. KHOBRAGADE told Witness-l that Witness-1 would he
questioned about the terms of the First Employment Contract at her
interview, and that Witness—1 should say that Witness~1 would be paid
$9.75 per hour and would work 40 hours per week. KHOBRAGADE also
instructed Witness~l to say that Witness—1’s duty hours would be 7
a.m. to 12:30 p.m., and 6:30 p.m. to 8:30 p.m. KHOBRAGADE instructed
Witness~l not to say anything about being paid 30,000 rupees per
month.
c. Witness-l then provided the First Employment
Contract to the U.S. Embassy during her interview in connection with
the Visa Application.
ll. Based on my interviews of Witness—2, I have learned, in
substance and in part, that on or about November ll, 20l2, Witness—l
and Witness—2 went to the Residence to obtain an employment contract
for Witness—l to bring to her interview at the U.S. Embassy. DEVYANI
KHOBRAGADE, the defendant, provided Witness—l with the First
Employment Contract to bring to her interview. Witness—2 signed the
First Employment Contract as a witness.
12. I have reviewed the First Employment Contract, which is
entitled “Employment Contract for Personal (Domestic) Employees of
An Alien of a Foreign Mission in the United States (Visa A3),” which
is dated November 11, 2012, and which provides, in part:
a. The parties to the First Employment Contract are
“Dr. Devyani Khobragade (Deputy Consul General — CGI—NY)
(hereinafter referred to as the Employer)” and Witness—l
“(hereinafter referred to as the Employee)."
b. “The Employee will go to the U.S. with the Employer
as a domestic employee. The Employer agrees to employ the Employee
at or in connection with the Employer's residence in the position(s)
of housekeeper and babysitter.”
c. “The Employee will he paid wages at the prevailing
or minimum wage rate as required by law, whichever is greater. The
expected hourly salary in the U.S. would be $9.75."
d. “The normal number of hours per week shall be 40
hours, including the following normal work hours:” off on Sundays,
Monday through Friday from 7am to 12pm and 6:30pm—8:30pm, Saturday
from 8am to 1pm.
e. “Wages shall be paid biweekly by electronic fund
transfer to the Employee's bank account. Copies of pay records will
be made available without charge to the Employee.”
f. “The Employee shall be provided a minimum of at
least one full day off each week, which day(s) will normally be
Sunday.”
g. “In addition, the Employee will be provided
time-off from work, as follows . . . Holidays (With Pay): 7; Sick
Days (With Pay): 7; Vacation Days (With Pay): 7."
h. “The Employer agrees to abide by all Federal,
state, and local laws in the U.S."
i. “Other benefits normally required for U.S.
domestic workers in the area of employment: full medical care, full
board and lodging shall be provided at Employer's expense with no
unpermitted deductions made."
l3. The First Employment Contract is initialed on the first
page with the handwritten initials “DK" and the handwritten date
ll/ll, and is also initialed on the first page by Witness-l. The
second and final page of the First Employment Contract bears the
signatures of DEVYANI KHOBRAGADE, the defendant, Witness~1, and two
witnesses, including Witness—2.
14. Based on my review of a U.S. Department of State
database, I know that on or about November 14, 2012, Witness—l
appeared at the U.S. Embassy in connection with the Visa Application,
provided an employment contract to the U.S. Embassy employee (the
“Embassy Employee), and represented that Witness—l understood that
she would make $9.75 per hour working as a domestic helper in the
U.S. The Embassy Employee processed the Visa Application.
15. Based on my interview of the Embassy Employee, I know,
in substance and in part, that the Embassy Employee would not have
been authorized to process the Visa Application absent an employment
contract that complied with the requirements of 9 FAM 41.22,
including the commitment to pay the A-3 visa applicant at least the
minimum or prevailing wage and the provision that normal working
hours would be limited to 40 hours per week.
16. Based on my review of a U.S. Department of State
database, I know that on or about November 15, 2012, Witness~l
received an A—3 visa.
17 . Based on my interviews of Witness~l, I know, in substance
and in part, that shortly before departing to the airport in India,
DEVYANI KHOBRAGADE, the defendant, called Witness—l to tell
Witness—l to come to the Residence. Upon arriving at the Residence,
KHOBRAGADE told Witness~l that Witness~l needed to sign another
employment contract (the “Second Employment Contract") . Witness—l
signed the Second Employment Contract.
18. I have reviewed the Second Employment Contract, which
is an untitled document dated November 23, 2012 that appears to be
an enlarged and electronically edited version of the First Employment
Contract, which provides, in part:
a. The parties to the Second Employment Contract are
identical as to those in the First Employment Contract: “Dr. Devyani
Khobragade (Deputy Consul General — CGI—NY) (hereinafter referred
to as the Employer)” and Witnessvl “(hereinafter referred to as the
Employee).”
b. The scope of the Employee’s duties is identical
as to that set forth in the First Employment Contract: “The Employee
will go to the U.S. with the Employer as a domestic employee. The
Employer agrees to employ the Employee at or in connection with the
Employer's residence in the position(s) of housekeeper and
babysitter."
c. With respect to wages, the Second Employment
Contract provides: “The Employee will be paid an expected monthly
salary of Rs, 25,000 per month with an additional 5,000 for
overtime, i.e. work on Sunday, after hours and for parties, etc. The
maximum salary per month including the overtime allowance will not
exceed 30,000 per month."
19. The Second Employment Contract does not contain any
provision about the normal number of working hours per week or month.
The only statement concerning working hours in Second Employment
Contract is “The Employee shall be provided a minimum of at least
one full day off each week, which day(s) will normally be Sunday."
20. The Second Employment Contract does not contain any
provision about time off from work, and is silent as to holidays,
sick days, and vacation days.
21. The Second Employment Contract does not contain the
representation present in the First Employment Contract that “The
Employer agrees to abide by all Federal, state, and local laws in
the U.S.”
22. The second and final page of the Second Employment
Contract bears the signatures of DEVYANI KHOBRAGADE, the defendant,
Witness—l, two witnesses, including Witness-2, and a notary public.
23. Based on my review of records maintained by the U.S.
Department of Homeland security, I know that on or about November
24, 20l2, DEVYANI KHOERAGADE, the defendant, and Witness~l, passed
through customs at a New York airport within two minutes of each
other.
24, Based on my interviews of Witness—l, I know, in substance
and in part, that Witness—l worked for DEVYANI KHOBRAGADE, the
defendant, as a household employee in New York, New York from
approximately November 2012 through approximately June 2013.
Notwithstanding the terms of the First Employment Contract,
Witness—l worked far more than 40 hours per week, and Witness—l was
paid less than $9.75 per hour by KHOBRAGADE. In fact,
notwithstanding the terms of the oral agreement between KHOERAGADE
and Witness—l and the terms of the Second Employment Contract,
Witness—l was paid less than 30,000 rupees, or $3.31 per hour.
l0
WHEREFORE, the deponent prays that a warrant issue for the
arrest of DEVYANI KHOBRAGADE, the defendant, and that the defendant
be arrested and imprisoned, or bailed, as the Case may be.
United States Department of State
‘ ‘ , Bureau of Diplomatic Security
Sworn to before me this
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF NEW YORK
Muppallaji was complaining nothing had changed.Things changed in 1991.Soviet Union collapsed.The centralised state socialist model had collapsed.Ethnicity based nationalism was being encouraged.Earlier,dissenting voices could be muzzled by social pressure and the power of consensus and conformity.People with sharply different opinions would not be allowed in the pages of Hindu or hindustan Times or given time on DD.
Internet,cable TV,Satellite TV were unknown before 1990.the Clinton era also brought in great openness,albeit as perceived by US,because the West had won the Cold war and communication war.
I know Congress is unpopular in BRF.But the Congress of IG,Rajiv,Nehru was driven by a sense of high minded Indian nationalism inspired by MKGandhi etc.('Philip Sir is a relic of that socialist age'.)Indias aspirations and constraints were different.But that flush of 'liberalisation' has produced a generation of Indians for whom the socialist orientation of India(which itself was a morphing of the original essentially Hindu nationalist but inclusive idea) means nothing and more importantly they have no idea how cong had to weather Briturd inspired movements in Punjab,etc apart from minimising the earlier active separatist tendencies encouraged among Indian muslims and Indian christians without discriminating against indviduals of any faith.
KrishnaKs of the world look upon US as some benign international policeman fair to all peoples of the world.One can only pity at such innojence.
Last edited by svenkat on 22 Dec 2013 12:39, edited 3 times in total.
JE Menon wrote:It's a question of how the US wants to deal with this. We will observe and we will remember.
We have done the US or it's diplomats no harm as far as I know.
It's not a matter of a crime being investigated, which would be fine and Indian diplomats have faced the music on both sides in the past on that - without hackles being raised. We get it.
Here, however, a deliberate and closely calibrated multiple-agency operation was executed to publicly demonstrate, in the worst way possible from an Indian point of view (the humiliation of a mother of two and a representative of the Indian state), the powerlessness of India in the face of such an act.
The US needs to explain why this happened and undo it. This will be extremely harmful to relations otherwise.
This has been a bad judgement from their side. They are making wheels of the Indian Govt turn against them. Effect of this will be seen later and long term. politicians in India who side with them might get a lesson or two in dealing with Amirkhan projects. I doubt we need anything from Amirkhan which is of any consequence or essential for our survival. We survived without their support for 60 years and will survive longer as a Strong democracy.
Krittika Biswas, a high school student, handcuffed on February 8, 2011 and taken from school for alleged "cyber bullying". Spent 28 hrs in jail This happened even though she had diplomatic immunity, her dad Debashish Biswas was vice-consul in New York Then Indian consul general in NY as well as ambassador Meera Shankar intervened, but cops refused to free her
And later it was proved to be wrong allegation and some chinese student and Principal of that school was found involved. So much for fairness of American system which many posters here in their pristine innocence seem to believe.
Probably being unmarried , officials did not deem it fit to publicise the intake process followed that she would have undergone. i.e. strip search and body cavity search. ( it is claimed that processing is done for everyone like they process beef and pork) I am horrified.
In case of Dr Kalam, SRK, Meera Shankar, they could have been patted search by TSA during entry via airport. Hence downplayed.
TOILET has been going at it with a zeal to destroy DK and families reputation. Eroding her Indian support base would make it easier for the trial to proceed to US' satisfaction.
I had my doubts when brfites were saying A-monkey-asha was funded by Unkil. There remains no doubt now. Infact I think the Uzra Lady might have had a big part in A-monkey-ass-ah
OT:In geopolitical thread latest page(91),there are interesting,to put it mildly,posts on RSA encrption,BD elections,Isiah Berlin(one of the icons of the idea of 'free societies',democracy etc),Norway(the global piss maker) pimping for US).Throws a mirror on morality,ethics,ideology etc
Okay. Now with the layers of the onion peeling, and news that Devyani Khobragade is married to an American (of Indian origin) and her children probably have American passports, these things seem to fall in place.
I can see how the Americans got incensed about it. A (nearly American) couple and children, well educated and settled ( hubby a "Pill-o-so-pee" prof at an Ivy League univ, wimmin, a diplomat with benefits), and still instead of hiring locally and paying wage like all others (including ordinary changu mangu immigrants from India and everywhere) , they try to do an end run and get in a live in maid at these salary levels and try to get legal protection for it by trying to take it out of jurisdiction.
That would have led the Americans (justice dept and the state dept) to lower the boom on this Khobragade woman and led to the arrest (after multiple "dialogs"/"discussions", but the arrest wouldn't have been informed to the Indians). The arrest was badly botched by the Federal Marshals (or they might not have been given instructions saying "Fragile" , handle with care) who put her through the usual wringer (including cavity and strip search) and escalated what would have been a "law enforcement" issue into an one of outrageous behavior against a diplomat who didn't warrant that treatment and fed the flames in India (and probably elsewhere).
That realization perhaps dawned on the Americans and Kerry "regretted" the treatment (strip search and cavity search), but not the arrest itself. So really, I think Khobragade was was given bad legal advice by the Govt of India which facilitated her taking the maid to the US and then gave here legal cover via the case in Delhi. I doubt if Devyani's husband and children weren't American, she would have got targeted for this treatment, but all the same, the botched handling (communication gap with Federal marshals) left the Americans holding a searing hot potato and blow back in Delhi leading to snapped privileges , downgraded diplomatic immunity and an Indian govt now holding all the cards of options of giving it back in equal measure to the American diplomats now that the tax, pay and other contractual details of what they paid to their Indian domestic and other staff will become available on Monday (Dec 23).
That said, while I condemn the treatment Devyani got as a woman in the hands of the Federal Marshals, there probably is some of her own and dad's bad Karma in this somewhere.
Dad Uttam Khobragade from the face of it seems to have been corrupt to the core, leveraged his "Dalit" advantages (overarching quotas and special treatment in everything from education to jobs to promotions and his political clout) to some serious wealth and privileges and of course daughter Devyani seems to have done exactly similar thing (I bet she wouldn't have spent a dime to get her medical degrees upto the master's level, got into IFS on a SC quota, promoted preferentially and got plum positions leveraging her Dalit and political connections, done cool things like learn German at the Goethe institute in Berlin and meet and marry a "Pill-o-so-pee" and Oenology sprouting Rathore boy from NY and been the cool kitten) and done the usual "loot maar" including huge land holdings in multiple places in Maharashtra , Kerala and of course both dad and daughter were influential enough to swing plum apartments in a patently criminal enterprise such as Adarsh (in addition to a plot in Mumbai on "govt quota") . It is utterly shameful for a couple such as she and her husband to continue misusing privilege and special treatment to import a maid from India and then try to do an end run by taking it out of local jurisdiction by using the govt's influence in working the courts in her favor in India. SHAME.
While her and dad's patently corrupt and immoral misuse of privilege, special treatment (maybe it is time to remove the SC/ST special treatment away from the likes of the Khobragades and give it to the really deserving Dalits) , connections and political clout should have absolutely no bearing on her treatment by the Federal Marshals (I sort of agree with the basic premise behind the arrest), and she had every right to have been respectfully treated, Karma is another thing altogether.
vina wrote:Okay. Now with the layers of the onion peeling, and news that Devyani Khobragade is married to an American (of Indian origin) and her children probably have American passports, these things seem to fall in place.
I can see how the Americans got incensed about it. A (nearly American) couple and children, well educated and settled ( hubby a "Pill-o-so-pee" prof at an Ivy League univ, wimmin, a diplomat with benefits), and still instead of hiring locally and paying wage like all others (including ordinary changu mangu immigrants from India and everywhere) , they try to do an end run and get in a live in maid at these salary levels and try to get legal protection for it by trying to take it out of jurisdiction.
That would have led the Americans (justice dept and the state dept) to lower the boom on this Khobragade woman and led to the arrest (after multiple "dialogs"/"discussions", but the arrest wouldn't have been informed to the Indians). The arrest was badly botched by the Federal Marshals (or they might not have been given instructions saying "Fragile" , handle with care) who put her through the usual wringer (including cavity and strip search) and escalated what would have been a "law enforcement" issue into an one of outrageous behavior against a diplomat who didn't warrant that treatment and fed the flames in India (and probably elsewhere).
That realization perhaps dawned on the Americans and Kerry "regretted" the treatment (strip search and cavity search), but not the arrest itself. So really, I think Khobragade was was given bad legal advice by the Govt of India which facilitated her taking the maid to the US and then gave here legal cover via the case in Delhi. I doubt if Devyani's husband and children weren't American, she would have got targeted for this treatment, but all the same, the botched handling (communication gap with Federal marshals) left the Americans holding a searing hot potato and blow back in Delhi leading to snapped privileges , downgraded diplomatic immunity and an Indian govt now holding all the cards of options of giving it back in equal measure to the American diplomats now that the tax, pay and other contractual details of what they paid to their Indian domestic and other staff will become available on Monday (Dec 23).
That said, while I condemn the treatment Devyani got as a woman in the hands of the Federal Marshals, there probably is some of her own and dad's bad Karma in this somewhere.
Dad Uttam Khobragade from the face of it seems to have been corrupt to the core, leveraged his "Dalit" advantages (overarching quotas and special treatment in everything from education to jobs to promotions and his political clout) to some serious wealth and privileges and of course daughter Devyani seems to have done exactly similar thing (I bet she wouldn't have spent a dime to get her medical degrees upto the master's level, got into IFS on a SC quota, promoted preferentially and got plum positions leveraging her Dalit and political connections, done cool things like learn German at the Goethe institute in Berlin and meet and marry a "Pill-o-so-pee" and Oenology sprouting Rathore boy from NY and been the cool kitten) and done the usual "loot maar" including huge land holdings in multiple places in Maharashtra , Kerala and of course both dad and daughter were influential enough to swing plum apartments in a patently criminal enterprise such as Adarsh (in addition to a plot in Mumbai on "govt quota") . It is utterly shameful for a couple such as she and her husband to continue misusing privilege and special treatment to import a maid from India and then try to do an end run by taking it out of local jurisdiction by using the govt's influence in working the courts in her favor in India. SHAME.
While her and dad's patently corrupt and immoral misuse of privilege, special treatment (maybe it is time to remove the SC/ST special treatment away from the likes of the Khobragades and give it to the really deserving Dalits) , connections and political clout should have absolutely no bearing on her treatment by the Federal Marshals (I sort of agree with the basic premise behind the arrest), and she had every right to have been respectfully treated, Karma is another thing altogether.
None of this ramble has anything to do with the real point. Do not treat the consul of a country you claim to have the most important relationship of the century with as a common criminal. Either that or or stop being filmi.
Know the foot soldiers of Unkil.They were sleeping for three years with the info only to wake up at the opportune time to muddy the waters. These are Sleeper cell Journalists employed by ToiLet and other MSM. This is also a warning, in a sense to Babuz, they are constantly under watch and any info against them will be used. If they don't stand up now they will face the consequence.
MEA 'bent' rules to favour Devyani Khobragade
Dhananjay Mahapatra & Indrani Bagchi,TNN | Dec 22, 2013, 02.46 AM IST
'''''''''''''''''
.............
A bench of then Justices Altamas Kabir, J M Pnachal and Cyriac Joseph said, "From the facts as disclosed and the submissions made on behalf of the respective parties, there is little doubt in our minds that the order dated 13th June, 2002, by which the Singhvi was discharged from service, was punitive in character and had been motivated by considerations which are not reflected in the said order."
"The Union government and ministry of external affairs have not been able to satisfactorily explain why the rules/norms for allotment of languages were departed from only for the year 1999 so that the Singhvi was denied his right of option for German and such choice was given to Khobragade who was at two stages below Singhvi in the gradation list," the bench said.
"The mode of allotment was amended for the 1999 Batch in such a calculated fashion that Ms Khobragade, who was at Serial No.7, was given her choice of German over and above Singhvi, who was graded at two stages above her," the bench had said in its judgment delivered on July 29, 2010
One fails to understand the timing of news and that how it is relevant to the treatment of DCG by US, unless one presumes that internally they are controlled.
I would like to submit that those batting for US over India have always shown that pattern consistently. Its just that this incident made the lines between them and us quite clear.
It is shame how paid media is printing the stories undermining the Indian interests and national pride. It is all over again, back to British rule back stabbing at the best. Even if a diplomat did something wrong then settle it in India. I hope common sense prevails in printing houses and these self claimed righteous Journalists.
Maid in laws worked half their lives for Americans but never reached USA, but SR was taken to USA atlast by Devyani, the maid wasted no time to stab her in the back. Though I repeat maid game succeeded as Delhi Police colluded with US embassy.
Gentlemen it's Uzra Zia. Please note that the way she writes Zeya is to obfuscate the industrial paki sounding Zia.
That said, Devyani Khobragade left too many loose ends and seems extremely naive and trusting. She seems to be the type who feels that her father can set everything right, whatever her personal influence fails to do so. That somebody like her mans New York consulate is not the fault of MEA due process of selection but due to the process of selection where political recomendation can overrule any negative CR (Character Record). Also the evangelical organizations have tremendous power inside the US embassy to enable visas and under all manner of categories to their followers. These belong to mainly Pentecostal groups like Hebron Centre and Baptist Missionary Society and the Catholics represented by "Jesus Youth". Absolutely incredible and amazing capability to grant US visas, these institutions are like US visa centres all by themselves.
That being said, it seems an operation managed by Assistant Secretary of State level and asking the Indian law-enforcement agencies to look other way, and they also complied resulting in PR being spirited away. Kerry is deranged anyway as he proved during his Syria adventures and the series of lies that he would vomit at every fora as a matter of routine. Seems like someone without an ounce of integrity and may even be vulnerable to the pressure from evangelical types, and thus was forced to look other way. Pakis have no power in US system, for them to access any kind of power, they must invoke the abrahamic common factor in the evangelical. That is what a RAPE usually does.
Last edited by habal on 22 Dec 2013 16:21, edited 1 time in total.
Not sure but 4 aurangzeb lane near aurangzeb road and amrita shergill rd is one of costliest roads in Delhi...rent could easily be 10 or 20 lakhs a month there. So big cheese diplomat for sure
habal wrote:Gentlemen it's Uzra Zia. Please note that the way she writes Zeya is to obfuscate the industrial paki sounding Zia.
Has Clinton's "second daughter" and Islamist point-person Huma Abedin set up a regular campaign to traffic her fellow Paki RAPEs into positions of power in the State Dept? First Abedin (a Paki with family ties to the Muslim Brotherhood) and now this Uzra Zia. How many others?
BTW a good possibility is that Uzra Zia is of East Paki Bihari origin. The Biharis during the BD freedom struggle cooperated thickly with the Paki Army and partook of the Bengali Hindu genocide as Razakar militias. Given the generous backing by the US of Pakistan's genocidal campaign against Hindus (Kissinger once joked "I haven't seen Yahya so having so much fun since the last Hindu massacre!") the fast-track route of Bihari East Pakistanis to powerful positions in the GOTUS foreign policy establishment isn't surprising. Nor is their sustained, motivated and deliberate anti-India activity when they are given the opportunity to influence "South Asian" affairs.
The common Indian, which none of us are, is more nationalistic than any of us. For the simple reason he has nothing else. The poorest are the smartest and it is not easy to lead them astray.