India-US Strategic News and Discussion

SSridhar · Post by **SSridhar** » 26 Dec 2013 11:19

A_Gupta wrote:But these do open the door to distractions, digressions and diversions.

How to proceed?

The only way to proceed, IMO, is to look at it purely from Indian self interest and statecraft. Both demand, again IMO, that now is not the time to take on the correction of the broader aspects of these issues that Americans have misunderstood or use unfairly to target us etc. Any attempt to do so, apart from digression etc that you have rightly alluded to, could also result in a positive damage to Indian interests. The Indian interest, again IMO, is to recover from the slight that India has suffered in the process of the arrest of the DCG and restore as much as possible the US-India relationship, which has undoubtedly suffered, to an even keel. These imply that all cases against the DCG are dropped forthwith, suitable apology is offered and ensuring through detailed discussions and appropriate agreements that similar issues do not crop up in future.

Arjun · Post by **Arjun** » 26 Dec 2013 11:20

A_Gupta wrote:The attempt was to look at several things:
1. Examine other use of T visas
2. Examine how diligent US authorities are on other, larger scale human trafficking problems (given that DK's alleged visa fraud is supposedly a cause of SR's alleged involuntary servitude.)
3. Examine the American media/public opinion environment (the American "conventional wisdom" about India, especially with regard to their beliefs about modern slavery and human trafficking in India, and their perceptions of official and middle class complicity in it.).
4. If there is a mutual problem, are there cooperative efforts to solve it?
5. When there is a case with absolutely no doubt that a corporation has abused imported Indian labor, has the US been so solicitous of the workers' rights?

But these do open the door to distractions, digressions and diversions.

How to proceed?

The US releases an annual "Traficking in Persons" report that ranks all countries based on their record on human trafficking. In the latest report, 17 countries including China and Russia figure in the Tier-3 blacklist meant for the countries with the worst governmental records. India is not included in this list.

However, this report is probably something like the "Religious Freedom" report that the US comes out with in its role as global busybody - and the parameters it uses for such ranking cannot remain uncontested without examining matters from the standpoint of Indian values and Indian interests. So, while that is certainly an interesting topic - the arguments there would be a whole world in itself. Would probably detract attention from the immediate case of Devyani. So I would not recommend we get there for the time being. Maybe sometime later, or if the US insists on showing itself as a busybody in that space - but now may not be the right time.

A_Gupta · Post by **A_Gupta** » 26 Dec 2013 11:34

ramana wrote:A Gupta what prevents our press from doing the research you did?

Skills learned and practiced on BRF

Philip · Post by **Philip** » 26 Dec 2013 11:55

Right on cue to the rescue of the trapped US diplomutts comes the posse of wild westerners,the Murdoch media,to cut off the "Injuns" at the pass! It is beneath the dignity of almost all US leaders and bureaucrats to say sorry.The one human being who stands out as an American absurdity is ex-Pres.Jimmy Carter,whose peace efforts worldwide have earned him genuine respect. O'Bomber will never apologise either to India or the nations whose innocents have been blown to smithereens by his drone strikes.The Yanquis think that they have a God given right to exterminate any individual on the globe and are pursuing this policy to the max.The Blackwater contract killers who hit an ungodly leader in Pak exemplify the Wild West nature of US diplomacy.The US changes tack only when the sharp end of the danda is used to fill "cavities"!

Lilo · Post by **Lilo** » 26 Dec 2013 11:58

Indian diplomat Devyani Khobragade and MEA's wisdom provoke video spoof
Nandagopal Rajan Posted online: Wednesday, Dec 25, 2013 at 0000 hrs
New Delhi : An animation video on the arrest of diplomat Devyani Khobragade, IFS, which has soured the relationship between India and the US, has surfaced on the Internet — and it has come from, of all the places, Taiwan.
The one-and-a-half-minute spoof has been posted by a group called Next Media Animation TV. And though not everyone will be amused by the fact that the sari-clad Khobragade keeps turning into a Goddess Kali-like entity, the idea seems essentially to tell the basic story of the row wittily. Subtitles include one that goes “US not sari”.

“Khobragade’s story was heavily reported and talked about. We thought the story was quite interesting and out of the norm, which was why we chose it. The reaction to our video seems to be pretty extreme, people either really liked it or really hated it,” Jessica Wu, the international marketing editor of Next Media Animation, said in an e-mail interview.
Founded in 2007, Next Media Animation is one of the largest full-service digital animation studios in Asia, with more than 600 creators and artists based in Taipei, Taiwan. Along with a YouTube channel, the studio also has TomoNews apps.
The video, posted on YouTube on December 18, shows Khobragade hiring nanny Sunita Richard, smuggling her to the US in a suitcase with a “I love NY” sign on it, and then being arrested on the street, subjected to a Draupadi-like stripping, and thrown into a cell with New York City prostitutes, where she weeps copiously.
Woven in with the dancing animation figures is footage of a truck towing away barriers outside the US embassy in Delhi, following which a boy materialises to plant a “Bomb Season” sign at the spot, and two jiving figures in suicide vests — presumably terrorists — show up.
The video ends by asking viewers, “Do you think diplomats should have to follow the rules like everyone else? Let us know.”
Wu said Next Media Animation focused on stories from Hong Kong, Taiwan, Japan and the US, but often picked up important international stories as well.
“We have a team of editors looking for stories every day. We often pick stories that are trending in mainstream media, but we also feature smaller obscure stories that we think would generate conversation,” she said. “In addition to viral animated news stories, Next Media Animation also develops original creative content across multiple platforms and channels. We are known around the world for our daily satirical news animations.”
The first animation that had traction worldwide was on Tiger Woods’s infamous car accident in 2009, which was picked up by news media outlets around the world, Wu said. “Since then, we have been featured on Conan (we had a ‘feud’ with the host), The Daily Show with Jon Stewart, Larry King Live, Jimmy Kimmel Live! and many more.”
Their popular animations in the past have included those on Steve Jobs, the London Olympics, the TSA’s security procedures, and more recently, the disgraced Toronto mayor, Rob Ford.

Seems to be commissioned by our Chinese brothels next door.

Edit: Removed video link

svinayak · Post by **svinayak** » 26 Dec 2013 12:44

https://www.facebook.com/IndependentNat ... ntouchable

One more who is stupid without any knowledge

All these campaign has started from Jul 2012. Looks like a coordinated campaign to create pressure.
The source and the owners of these are kept hidden. No org has been upfront in these.

http://en.wikipedia.org/wiki/Dalitstan.org
https://www.facebook.com/FreeDalitstan
https://www.facebook.com/pages/We-stand ... 4028660972

Anand K · Post by **Anand K** » 26 Dec 2013 12:50

Next Media Animation was recently hurt immensely by the viral video of one of their (white) employees quitting in interpretative dance fashion.
Maybe an attempt to win some brownie points online/elsewhere by picking on the starving SDREs.

Their immediate response to the "I Quit" video was widely panned BTW.

PS: Frivolity Alert! We need Wilbur Sargunaraj to come up with an adequate response!

shyam · Post by **shyam** » 26 Dec 2013 12:53

Blunter they did was that their target is a dalit while the so called victim possibly of higher social status.

Lilo · Post by **Lilo** » 26 Dec 2013 13:01

Acharya wrote:https://www.facebook.com/IndependentNat ... ntouchable

One more who is stupid without any knowledge

All these campaign has started from Jul 2012. Looks like a coordinated campaign to create pressure.
The source and the owners of these are kept hidden. No org has been upfront in these.

http://en.wikipedia.org/wiki/Dalitstan.org
https://www.facebook.com/FreeDalitstan
https://www.facebook.com/pages/We-stand ... 4028660972

Acharya ji,
Also to refer below..

ravi_g wrote: forums.bharat-rakshak.com/posting.php?mode=quote&f=24&p=1554179
Lilo wrote: <quote="ravi_g"> Done that all on HT/Firsttoast/D,N-A but was banned. There were people from all over India and Pakistan and US who were campaigning for AAP. One of the Indians I traced to a guy otherwise promoting The Communal Award-4th August 1932 and a few were EJ/EJ inspired. Almost all were using the same line of thought to counter me that the MSM/Congress usually do. BJP sympatheziers are there but they work like alone and pro bono. Without a concerted action its not going to work as well as some of us want </quote>

<OT>
Ravi g ji,
I too came across this guy in many places who keeps blabbering on implementation of communal award of 4th Aug 1932 and independent nation for 300 million dalits etc - he is most probably Yogesh Varhade.

http://www.youtube.com/watch?v=VMYfPCsXQSw
https://mobile.twitter.com/4thAugust1932/tweets
</OT>

My trace was to this one.

parvezameer.blogspot.in/2012/05/source-of-poblem-communal-award-1932.html

This seems to be one of the experiments controlled from abroad. Your man could be the 'rich supporter cum fixer' while mine was the one who actually was posting a lot of trash on news sites.

http://forums.bharat-rakshak.com/viewto ... 8#p1554198

Altair · Post by **Altair** » 26 Dec 2013 13:23

The problem is we do not have any kind of leverage against US like Russia or China. If we had one we wouldnt have been in this situation. Ideally we would have been in a better position if we had atleast 3000 Nuclear warheads and road mobile Surya or Agni-6 all over India targeting US and its allies. A missile power. Its low cost and highly effective deterrent. We have the technology to make it scalable and deliverable in the next 5 years(may be less, Gurus can estimate more objectively). We dont have to export to some banana nation and worry about consequences. All which is required is the political will.

Rahul M · Post by **Rahul M** » 26 Dec 2013 13:42

lilo ji, any publicity is good publicity for the video makers. if you don't want to encourage them dont watch it, dont link it. votting down doesn't mean anything ?

Lilo · Post by **Lilo** » 26 Dec 2013 13:54

^I can't agree or disagree RahulM ji,
Any way I edited out the video link (as its true that linking videos else where, pushes up that video in YouTube's suggested results - should have given a non html link - forgot this time).

Neela · Post by **Neela** » 26 Dec 2013 14:25

Bahraini diplomat abuses employee of housing society

member_28336 · Post by **member_28336** » 26 Dec 2013 14:38

Philip wrote:An apology is not enough,India and Devyani should demand a massive amount in compensation for her illegal treatment based upon erroneous US assessment of the case. But what also stinks is the mentality of the "Ugly American",exemplified by the sh*tworms of the State Dept. Here is the TOI on the issue:

http://timesofindia.indiatimes.com/home ... 924468.cms

Some diplomats are less equal
Ramesh Thakur | Dec 26, 2013,

Thanks for the article. Exactly the line of argument I would make and suggested earlier. Highlight US double standards on interpretation of Vienna Convention. Make it harder for US to quote Vienna convention ever again in a different way when their embassy staff are involved. Harping on unfounded "spy" conspiracy theories of maid servants has very little chance of impacting public opinion and actually hurts Indian argument.

Also no reason to argue the merits of the case of the maid. Either DK abused the maid or the maid is a blackmailer which needs to be found out. Maid is an Indian citizen and it is the duty of GOI to ensure that our embassy staff are not abused but that should be done in Indian courts. Vehemently arguing against the maid by most commentators who are vocal against US treatment of our diplomat dont realize that they send the wrong message both to Indian and world audience that we don't care about the maid, which isn't true.

Consistent narrative by GOI and Indian media that Indian courts will get to the root of the maid issue and give justice to the victim (whoever it is) should settle this maid argument once and for all. It will be important to highlight the high level of protective labor laws in India and the case of widespread abuse of illegal immigrants in US.

SSridhar · Post by **SSridhar** » 26 Dec 2013 15:09

The US public opinion is never going to change, not in the least in the next few days or weeks. We are known by a certain stereotype. It is not the US public opinion that we want to grab. We need to change the mindset of the US State Deptt that they can treat us like this and expect us to take it lying down. The part that is exploited by the US, its agencies and agents is, I don't know if it was intentional or not, that if GoI stands up for DK, it is being mis reported as not standing up for the cause of the poor maid. The two need to be separated and each has to be looked up at its own merit or otherwise.

rohitvats · Post by **rohitvats** » 26 Dec 2013 15:57

Interesting take by Orbat.Com - http://orbat.com/

Big setback for US in India consul case We had mentioned that the Government of India had withdrawn ID cards issued to US consular officers in retaliation for the arrest and strip-search of its deputy-consul in New York. We did not realize what this actually meant because the Indian press reported it as implying non-accredited personnel would no longer be able to go unsearched into airports and so on.

· We are told that the real significance of the move is far more serious. The GOI has withdrawn the immunity from arrest of non-accredited American diplomatic officials. This immunity for events that happen outside the line of work was not required by Geneva. But it has been extended as a matter of courtesy. But now, because the US ignored courtesy normally shown to Indian non-accredited persons, India will show no more courtesy to Americans.

· In practice this means that non-accredited diplomatic personnel – which includes most US Embassy/Consulate officials – can now be arrested for the least infraction of India’s labyrinthine civil and criminal laws. For example, if a non-accredited employee has a same-sex relationship with anyone, American, Indian, or whomever, the police can take the employee into custody. If a restaurant complains the American has misbehaved, or if a shop doubles the agreed price for an order of furniture and says the American has not paid his bill, regardless of the truth of the situation, the American can be arrested. If a servant is fired for theft but complains to the police he has been mistreated, the American can get arrested

· Truthfully, Editor is feeling terrible for the American non-diplomatic staff. He knew a great many in Delhi and without exception they were very decent folks who went out of their way to help Editor if ever he asked for a favor. They were great hosts, and minded not a bit when Editor invited them to his garret and served fried eggs and sausages. They were modest, law-abiding, and with some exceptions, fond of India.

· The US State Department and the Government of the US can say all they want about this being a human trafficking case in which they cannot get involved. The reality is every 3rd World mission brings servants. They have servants at home, often many servants. They cannot pay American wages. In this case the diplomat’s basic salary barring duty allowances was $700/month. To expect she should pay New York minimum wage and overtime of $4500/month as well as all found, is not just absurd, it is a deal no American maid can dream of. Agreed the visa law is the visa law. The diplomat, however, did not do anything thousands of other foreigners posted to the US don’t do. So why now get huffy and say “we can’t interfere, the law is the law” and pick on one diplomat without investigating thousands of others to see if their servants are getting minimum wage/overtime?

· Secretary Kerry, its time for you to apologize, make restitution to the diplomat, and get the case quashed. What’s that you say – you can’t interfere in the process of the law? Accepted. So what will you say when your diplomats are arrested on the street, taken to the lock-up, stripped, subjected to invasive search, thrown together with the local low-life in a cell? Will you be happy when you have to explain to American media and the US Congress that the Government of India piously says it cannot interfere with the law?

· What will you do when the police object to some detail in the bail application and cause a delay of 2-10 days in getting your diplomats out? What will you do when the judge says he cannot give bail because there is a certainty of flight? Are you aware the most minor of Indian judicial cases can go on for months even if your diplomat pleads guilty just to get the matter over with? And if your diplomat is falsely arrested, refuses to plead guilty, and goes to trial, have you any idea at all how long it will take for her/him to be freed after trial? What’s that you say – a few weeks? Sonny boy, try a few years. And if the Government of India accuses a non-immune diplomat of espionage, even if the allegation is totally baseless, try 10-years before a verdict is reached. Of course the judge will give credit for time served.

· Secretary Kerry, think on this and talk to your boss. The matter doesn’t end because the Indian diplomat is now accredited. And you know what? Even if the Indian Ministry of External Affairs tells the Ministry for Home Affairs to let the American diplomat go in the national interest, Home is under no obligation to accede. If the Prime Minister tells Home to let the person go, Home will comply. And you know what? Home will leak the matter to the media, tying the Prime Minister’s hands. You can see we Indians have learned a few things from our big brothers, the Americans.

Editor is worried. Yesterday he thought the matter was finished. Today he realizes as far as the Indians are concerned, it might just be starting.

habal · Post by **habal** » 26 Dec 2013 16:39

chinna wrote:as DK does not enjoy full diplomatic immunity that ambassadors enjoy

whose fault is it that US wants to harass diplomats on some pretext or another. That US makes cute rules for consular diplomats is not India's fault. India used to give blanket immunity to all worthies, whether consulate or embassy. That the US does not follow this precedent is because of their shitty-mindedness.

SSridhar · Post by **SSridhar** » 26 Dec 2013 16:46

habal wrote:
chinna wrote:as DK does not enjoy full diplomatic immunity that ambassadors enjoy
whose fault is it that US wants to harass diplomats on some pretext or another. That US makes cute rules for consular diplomats is not India's fault. India used to give blanket immunity to all worthies, whether consulate or embassy. That the US does not follow this precedent is because of their shitty-mindedness.

Apart from that reciprocity issue, let us be clear that even by 1963 Vienna Conventions, what the US did was completely unacceptable. It is the US that has dug itself into a hole.

A_Gupta · Post by **A_Gupta** » 26 Dec 2013 17:11

http://www.indianexpress.com/news/devya ... t/1212016/

In a new twist, it has now emerged that senior Indian diplomat Devyani Khobragade enjoyed full diplomatic immunity including from personal arrest and detention on December 12 when she was taken into custody by the US authorities in a visa fraud case.

39-year-old Khobragade, who was posted as Deputy Consul General in New York, was also accredited as an "Advisor to the Permanent Mission of India to the United Nations" by the UN w.e.f. 26th August 2013 and her status as an Advisor was valid until 31 December 2013. The accreditation was for the UN General Assembly 2013.

Under the "Convention on the Privileges and Immunities of the United Nations", Article 4 Section 11A specifies "Immunities from personal arrest or detention and from the seizure of their personal baggage" of all representatives of members to the UN and further the Article specifies that the expression "Representative" shall be deemed to include all Delegates, Deputy Delegates, Advisors, Technical Experts and Secretaries of delegations.

PS:would like to know when this page was put up: http://www.un.int/india/2013/about_pmi.htm
It has the listing, MS. DEVYANI UTTAM KHOBRAGADE, COUNSELLOR Political Issues

PPS: Got it! This UN document dated March 2013
http://www.un.int/protocol/bluebook/bb303.pdf

on page 128 lists DK and Amit Kumar at extension 212-490-9677 as Counsellors.

PPPS: The Indian Express has the UN convention right.
http://www.un.org/en/ethics/pdf/convention.pdf

Further,

SECTION 14 (of Article 4) . Privileges and immunities are accorded to the representatives of Members not for the personal benefit of the individuals themselves, but in order to
safeguard the independent exercise of their functions in connection with the United Nations. Consequently a Member not only has the right but is under a duty to waive the immunity of its representative in any case where in the opinion of the Member the immunity would impede the course
of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.

So, it would seem to me that if the US DOJ had a complaint against DK, the proper procedure would have been to inform the MEA and ask them to waive immunity.

rohitvats · Post by **rohitvats** » 26 Dec 2013 17:42

http://www.indianexpress.com/news/lette ... /1210913/0

A spoof which actually puts the matter in correct perspective.

In return for a Green Card, all you have to do is provide evidence against your prominent employer

Dear Foreign Housekeeper/ Babysitter in New York:

I am writing to give you some good news. I am the president of Do-gooders Foundation in New York City. We are affiliated to the Sanctimonious Eastern Seaboard Bleeding Hearts Foundation. We can help you get Green Cards and stay in the US indefinitely. We can also help you get members of your family over to the US.

Despite the warnings of some of our earlier leaders like President Reagan, we have managed to put in place laws setting minimum wages at an extremely high level. This has of course, resulted in a large number of young people in our country not getting jobs at all. Most of these young people are African Americans and Hispanics. But this is not the time and place to talk about the deleterious effects of a high minimum wage law on our own youth.

What is of relevance to you is that though you may be getting much higher wages than you would have in your home country, though you may in fact be saving handsomely as compared to your earlier state, though you may have voluntarily taken up employment at wage levels that are attractive to you, the fact of the matter is that those attractive levels are lower than our generous statutory minimum wages. You can leverage this situation to your advantage provided you let us guide you.

You must come with us to our "friendly" law enforcement official. This friendly official has political ambitions. He/ she wants to initiate high-profile cases against prominent persons (for example, IMF head, consular officer) and obtain convenient publicity by handcuffing such persons on airplanes or outside schools, by subjecting them to the same treatment that is meted out to potentially violent, absconding criminals and by then claiming that all are equal before the law. Quite definitely in the area of handcuffing all seem to be equal in New York, the citadel of Left Liberalism.

You may wish to make the point that you have been overworked and ill-treated. Frankly, this is not of interest to us. Our organisation and the friendly law enforcement officer are both completely indifferent to individual suffering. You are important as a symbol in our sanctimonious fight for Human Rights, with both the "H" and the "R" being in capitals. You may also make the point that you were actually treated quite well. This too is irrelevant. We are not interested in the Truth. We are only interested in making our ideological point. You may be aware that there are literally millions of illegal aliens in the US who are not being paid minimum wages. You may be wondering as to why law enforcement officials do not go after these cases. The point is that there is no publicity value unless the alleged perpetrator of the Human Right abuse has a high profile. And without publicity value, there is no political gain for the friendly law enforcement officer. You may also be curious to know as to how large US corporations are allowed to employ college graduates as unpaid interns. This is perfectly in order. It is a way for rich and well-connected kids to enter the job market. Sometimes, we get around the issue by calling them "volunteers"! That is fine. But the entry of foreign workers into the job market at wages acceptable to them is verboten.

You may be concerned that you have filled out various forms and signed them and therefore that you may be held responsible for them. Please do not worry on this score. We will simply make the case wherever it suits us, that some of the forms have been filled out by your evil employer or that you were tricked or forced into signing them. You may be worried that your family in your home country, who have been receiving generous remittances from you (generous by your home country standards), may get into trouble. Again, you need not worry. We will make the case that you as a witness to gross Human Rights abuse are being intimidated using your family as a leverage point. We will therefore arrange for them to be discreetly brought to the US as part of the programme to protect you as a witness.

In return for getting a Green Card for yourself and your family, all you have to do is to be guided by us in the area of depositions and provision of evidence against your prominent employer. You must admit that this is a far easier way to get a Green Card than having to go to university, obtain multiple degrees, work hard, pay taxes, contribute to social security, improve the innovative and entrepreneurial climate of the US and so on. All these in our opinion are passe. Who wants innovation and entrepreneurship? We are opposed to job creation everywhere in the world — be it Buffalo or Bangalore or Shanghai. We want all people everywhere to be welfare recipients. That situation entirely suits our purpose. Some of our opponents have accused us of promoting a "Get Green Cards Easily" scheme. They just do not get it. We are not in the least bit ashamed of this description of us. In fact, we treat this as an accolade.

Lastly, it would greatly help if you can provide us ammunition to convert an employment issue into one of human trafficking. We are not interested in preventing really horrifying human trafficking. But we find this vocabulary very useful in getting favourable judgments from the judiciary and of course great publicity.

Thanking you for your support and assuring you of our best services in helping you and your family get Green Cards,

I remain,

Sincerely yours,

S.A.H.R.Liberal (Self-Appointed Human Rights Liberal)

President

Do-Gooders Foundation — Affiliated to Sanctimonious Eastern Seaboard Bleeding Hearts Foundation

P.S. In case you are from India, please note that for our political advantage, we would be doubly happy to derail Indo-US relations which were promoted by that vile Republican President George W. Bush.

The writer is a Mumbai-based entrepreneur

Jarita · Post by **Jarita** » 26 Dec 2013 19:58

shyam wrote:Blunter they did was that their target is a dalit while the so called victim possibly of higher social status.

No it was not a blunder. Indians were simply not making a noise and the cases were not getting oxygen earlier

SSridhar · Post by **SSridhar** » 26 Dec 2013 20:07

A_Gupta wrote:http://www.indianexpress.com/news/devya ... t/1212016/
In a new twist, it has now emerged that senior Indian diplomat Devyani Khobragade enjoyed full diplomatic immunity including from personal arrest and detention on December 12 when she was taken into custody by the US authorities in a visa fraud case.

39-year-old Khobragade, who was posted as Deputy Consul General in New York, was also accredited as an "Advisor to the Permanent Mission of India to the United Nations" by the UN w.e.f. 26th August 2013 and her status as an Advisor was valid until 31 December 2013. The accreditation was for the UN General Assembly 2013.

The hole that the US dug for itself has got a lot deeper.

chaanakya · Post by **chaanakya** » 26 Dec 2013 20:08

Thanks to A Gupta ji it has now emerged that DK indeed had immunity which she claimed at the time of arrest. If she had to be arrested then waiver of immunity is a must. However, the manner of arrest and strip search and cavity search resorted to was uncalled for to say the least. They should have asked the Counsel Office for confirmation of availability of Diplomatic or Counselor immunity and even then she was entitled to due respect by virtue of her position. Amirkhan erred big time in this matter. There should be no doubt about this in the minds of even US apologists and turncoats and Jaichands.

India disputes applicability of Wages Laws in respect of IBDA who are on official passport bound to A-1 Visa holders and with a contract entered into by two Indians in India.

The error of fact , as alleged by her Lawyer, in minimum wages which is

$7.25 on 1.1.2012

$8.00 on 12/31/13

$8.75 on 12/31/14

$9.00 on 12/31/15

Source:https://labor.ny.gov/workerprotection/l ... nwage.shtm

As on the date of visa application Minimum wages would be $7.25 or $8.0 . For 40 hours a Week that would be $320.0 PW or $1280.

Assuming that $9.75 figure claimed in some report as correct, that would be $9.75*30*8= $1520 only.

It is also stated by Lawyer that the second contrat was to pay the amount rs 30000 in India.

It appears that there is a misreading of $4500 as mentioned in the Visa Application form DS-160

The Form was filed by SR.

SR attended the interview.

Visa Application help page indicates that no one else may accompany the applicant so Devyani or anyone from her family was not accompanied else Visa officer would not have granted Visa.

Visa was granted on Official Passport as A-3 Visa. Read up the rules.

Diplomatic Note was given by MEA confirming the official status.

SR had earlier absconded from her marital home due to poor financial position of PR. Returned after learning of ger pregnancy.

MIL stated that she wanted to migrate to US.

She desired GC as evident from various accounts in media, interview of her neighbors.

Her diary entry indicates that She was quite happy.

She was going to Church and Market and Beauty Parlours.

Diary evidences that she was well regarded by Family members .

DK is portrayed in positive light.

SR asks DK to allow her to moonlight which is rightly refused as per Visa terms and condition.

She absconded from work home in NY and surfaced before Immigration Lawyer.

On learning of her disappearance DK approaches US authorities to file a case of disappearance but stonewalled on the ground that only relative can file even though she is A-1 Visa holder for SR.

Lawyer calls DK and blackmails her.

DK informs MEA and seeks advice on both occasions. She had been accompanied by other staffs as well.

DK is advised to file a case in Judicial Magistrate Court.

Due to non appearance etc an arrest warrant is issued to SR.

MEA asks USD to help trace SR or execute arrest warrant.

USD does not comply.

PR files Writ Petition in DHC and later withdraws it.

MEA issues passport to PR and Children.

Father of DK informs DP that PR is flight risk and asks for action. No action is taken.

USD processes the case and DSS agent Mark Smith files chargesheet with PB USDA NYC. USD knows and is complicit in the issue from the day one.

SR family is spirited out of India on T Visa . USDA, USD and Immigration all collaborate.

DK ca not be arrested in her home so they wait for her at the School. Arrest is made by NYPD

DK claims diplomatic immunity. Claims are not heard or processed as per due process or SOP applicable. Please visit relevant website of USD.

Dk is handed over to USMS who in turn resort to "Due intake Process for Prisoners" .

Vienna Convention be damned.

DK is striped searched, Body cavities are examined which actually constitute rape in India Context.

DNA swab is taken . All part of SOP.

DK is thrown in the cell with low lifers in NYC.

DK is produced before Court after some time ( next day)

DK pleads not guilty and granted bail on personal bond of $ 250000.

Diplomatic row erupts between US and India.

Security esp provided by Tejinder , the then LG , despite objections from all ministries are withdrawn visibly.

Imports are not permitted.

ID cards are withdrawn New cards to be issued indicating level of immunity.

Airport passes are withdrawn.

Later it is clarified that security was withdrawn not in retailiation to this event but in response to withdrawing Parking space in NYC.

Kerry calls NSA and exprrsses regrets. Does not promise to withdraw cases. Law will take its own course.

Other shitheads in USD calls Indian babuz. Could not get anywhere.

Congressional delegations are snubbed by political parties.

Powel Amby US is called and given Dressing down.

MEA transfers DK to UN Mission . Awaiting accreditation . probably considered so immune from Court cases or arrest.

Court grants exemption from personal appearance. They could have done little to ensure her appearance in court with her new found immunity.

Now Lawyer of Dk says it was a misreading of information which led to building wrong case in the first instance.

MEA suddenly discovers that She was already having full immunity and could not have been arrested unless waived.

In all the question of applicability of Vienna convention hangs fire.

Now if there is an iota of truth in above then USD goofed up , PB goofed up. NYPD and USMS goofed up and FIR should be filed in Delhi against PB, MS and unnamed officers of NYPD and USMS. RCN and Letter Rogatory can be sent. Nothing will happen but would cause big embarrassment to US. If we don't want that to happen then ensure strict reciprocity at least. So far GOI has not done enough.

One good thing is that true colors of many are known .

Way forward:

1. Drop all charges
2. Apologise to India and Dk
3. Clarify the position on VCCR.
4. Clarify the position on IBDA
5. Withdraw all benefits not covered by Reciprocal arrangements.
6. Limit access and movement of US Consulars and officials in India.
7. Prosecute those who are responsible for ex-filtrating PR and family by misusing diplomatic privileges
8. Extradite Sr and her family to stand trial in India.
9. Revisit the whole system of IBDA and make permanent sort of arrangement.
10. Establish creche and other facilities for working women in India Mission.
11. Allow IBDA , if permitted, to take spouse and children. I think when they are alone there are social issues. If two are allowed , take Husband and Wife together. Cover their facilities by Mission .
12.MEA should open Consulates only based on requirement. Close unnecessary ones and close US Consulates in India . Pare their staff level to what India send to their Mission and Consulate Offices. Do not allow officers/diplomatic staff/consular staff with exotic designation such as those of Uzra Zia. Or send one with similar designation and work description on reciprocal basis.
13. Set up Office of Diplomatic Security . Bureau of Security is not enough. Attach Delhi Police or local Police Wing under them. Keep close tab on Diplomatic corps.
14. Revamp Visa System to collect as much information and Biometric as possible. Take special care of those who are from Friendliest unfriendly country.
15. Work on reciprocal arrangements in addition to Vienna Convention to ensure that Diplomatic corps are not unduly threatened.
16. Once everything is subsided take one white meat to Thana and show what real CS is all about. Show them dictionary about meaning of Reciprocity. This Govt did not do anything for 26/11 except sending Dossa so this may remain pipe dream as long as spineless congis are ruling.

Dipanker · Post by **Dipanker** » 26 Dec 2013 20:09

A_Gupta wrote: So, it would seem to me that if the US DOJ had a complaint against DK, the proper procedure would have been to inform the MEA and ask them to waive immunity.

If you look at the timeline of the dispute, back in September the State Dept. did inform MEA that DK will be prosecuted.

chaanakya · Post by **chaanakya** » 26 Dec 2013 20:14

Jarita wrote:
shyam wrote:Blunter they did was that their target is a dalit while the so called victim possibly of higher social status.

No it was not a blunder. Indians were simply not making a noise and the cases were not getting oxygen earlier

No, as one member pointed out , most of the main characters involved are Indians including bleeding hearts and apologists who drop in the middle most of the time.
Loudest noise is made by those who have twinkles in their eyes and ever ready toedited by moderator

Ardeshir · Post by **Ardeshir** » 26 Dec 2013 20:16

Dipanker wrote:
If you look at the timeline of the dispute, back in September the State Dept. did inform MEA that DK will be prosecuted.

Just curious, why are you so eager to believe the Gora narrative?

chaanakya · Post by **chaanakya** » 26 Dec 2013 20:17

Dipanker wrote:
A_Gupta wrote: So, it would seem to me that if the US DOJ had a complaint against DK, the proper procedure would have been to inform the MEA and ask them to waive immunity.
If you look at the timeline of the dispute, back in September the State Dept. did inform MEA that DK will be prosecuted.

Can you put a link to your claim. I understand that it was all hush hush and sealed indictment was drawn up by Mark Smith, Agent DSS of USD, and sent to Preety master, who in turn issued arrest warrant, while ensuring exfiltration of families in connivance of USD and Immigration. Even USd made up mid to prosecute , what was the need to arrest, if she did not fly in between??

SSridhar · Post by **SSridhar** » 26 Dec 2013 20:19

Excellent summary, chaanakya.

The suspicious events are PR filing Writ Petition in DHC and later withdrawing it.

I suspect that he was advised by the US embassy to withdraw it lest it becomes in any way inconvenient for him to get passports or leave the country or even much later after reaching the US.

Philip Richards' writ petition to the Delhi High Court on July 15 last accused Khobragade of illegally making his wife sign a 'second contract' (in addition to the one submitted to US Embassy in 2012 to get A-3 visa for the maid) with far less pay and perks. It also accused the Government of India of not paying Sangeeta according to the requirements of the local laws in the US. Philip significantly mentioned in his writ petition that Sangeeta was in the police custody in New York.

The State Department and the NY DA probably felt that such a writ petition could hinder their case against DK. So, they advised him to withdraw the case

chaanakya · Post by **chaanakya** » 26 Dec 2013 20:22

chinna wrote:as DK does not enjoy full diplomatic immunity that ambassadors enjoy

Read your facts before you make grand statements.

Dipanker · Post by **Dipanker** » 26 Dec 2013 20:32

chaanakya wrote: Can you put a link to your claim. I understand that it was all hush hush and sealed indictment was drawn up by Mark Smith, Agent DSS of USD, and sent to Preety master, who in turn issued arrest warrant, while ensuring exfiltration of families in connivance of USD and Immigration. Even USd made up mid to prosecute , what was the need to arrest, if she did not fly in between??

There were links posted in this thread, perhaps that skipped your attention. To me it appears that MEA/GOI dropped the ball on this one.

Here is one:

Devyani Khobragade: Bureaucratic and diplomatic negligence

The state department alerted India about the case in September, but it's unclear what diplomatic efforts were undertaken to resolve the underlying issues short of prosecution.

SSridhar · Post by **SSridhar** » 26 Dec 2013 20:34

The fact remains that even if DK's full diplomatic immunity because of her UN accreditation was unknown to the State Deptt or the DA, she could still not have been arrested or treated under the much discussed Vienna Conventions, 1963.

They got carried away by their own false sense of invincibility, planning, spiriting away etc.

vishvak · Post by **vishvak** » 26 Dec 2013 20:36

Nice post, Chanakya ji, though media going full throttle on run off the mill propaganda also formed cover. It is difficult to see how the entire dope trick (when there is no dope) of arrest could occur without cover of selective propaganda.

Dipanker · Post by **Dipanker** » 26 Dec 2013 20:39

Prasant wrote:
Dipanker wrote:
If you look at the timeline of the dispute, back in September the State Dept. did inform MEA that DK will be prosecuted.
Just curious, why are you so eager to believe the Gora narrative?

Don't jump to wrong conclusions.

chaanakya · Post by **chaanakya** » 26 Dec 2013 20:50

chetak wrote:Devyani Case: Unequal strategic partnership with the US

BY RSN SINGH
From June to September 2013, the matter just simmered beneath a diplomatic lid, as is normally the practice in espionage cases. No diplomatic mission publically admits of being victims of espionage. In September 2013, the Indian Embassy wrote to the State Department that Sangeeta, who was an absconder, should be arrested and restored to the Indian Embassy as she had violated both the Indian and the American laws, and had stolen cash, cell-phone and ‘documents’. The documents that Sangeeta stole are believed to be very vital to India’s national interest. Also, it needs to be highlighted that the entire Indian officialdom based in New York, including country’s representative at the UN are housed in the same building. For Sangeeta, the building was a mine of information.

While the US authorities were engaged in protecting their ‘asset’ by fabricating various legal spins, matters exacerbated due to another development in India. On October 12, 2013 an American vessel MV Seaman Guard Ohio, belonging to the US firm AdvanFort, was apprehended by the Indian Coast Guard for unauthorized presence in India’s territorial waters. The vessel was being replenished with 1600 liters of high speed diesel by an Indian fishing trawler.
...
Apart from espionage, which is an ongoing activity, the Devyani issue has larger strategic and maritime reasons and facets.

Sangeeta’s espionage network is just one of them. American leverages comprises NRIs, influential intellectuals and media establishments, who were issued diktat to divert public attention and vilify the diplomat by associating her name with Adarsh scam and by frantically excavating things having no bearing with the case. This author was on a TV channel and was told that it had been issued an advisory that the agenda for the day was demonizing Devyani and consequently eulogizing the US.......

(RSN Singh is a former military intelligence officer who later served in the Research & Analysis Wing. The author of two books: Asian Strategic and Military Perspective and Military Factor in Pakistan, he is also a Guest Blogger with Canary Trap)

WOW

Well looks like there are takers from intelligence circle about possibility of Sangeeta Espionage Network.

My suspicion about link to detention of US Ship seems to have traction.

One can not take claims of RSN lightly though .

chaanakya · Post by **chaanakya** » 26 Dec 2013 20:54

SSridhar wrote:The fact remains that even if DK's full diplomatic immunity because of her UN accreditation was unknown to the State Deptt or the DA, she could still not have been arrested or treated under the much discussed Vienna Conventions, 1963.

They got carried away by their own false sense of invincibility, planning, spiriting away etc.

Yes, that is what needs to be stressed upon. But they have tied their chaddis in knot.,

Jarita · Post by **Jarita** » 26 Dec 2013 21:04

chaanakya wrote:BY RSN SINGH
From June to September 2013, the matter just simmered beneath a diplomatic lid, as is normally the practice in espionage cases. No diplomatic mission publically admits of being victims of espionage. In September 2013, the Indian Embassy wrote to the State Department that Sangeeta, who was an absconder, should be arrested and restored to the Indian Embassy as she had violated both the Indian and the American laws, and had stolen cash, cell-phone and ‘documents’. The documents that Sangeeta stole are believed to be very vital to India’s national interest. Also, it needs to be highlighted that the entire Indian officialdom based in New York, including country’s representative at the UN are housed in the same building. For Sangeeta, the building was a mine of information.

While the US authorities were engaged in protecting their ‘asset’ by fabricating various legal spins, matters exacerbated due to another development in India. On October 12, 2013 an American vessel MV Seaman Guard Ohio, belonging to the US firm AdvanFort, was apprehended by the Indian Coast Guard for unauthorized presence in India’s territorial waters. The vessel was being replenished with 1600 liters of high speed diesel by an Indian fishing trawler.
...
Apart from espionage, which is an ongoing activity, the Devyani issue has larger strategic and maritime reasons and facets.

Sangeeta’s espionage network is just one of them. American leverages comprises NRIs, influential intellectuals and media establishments, who were issued diktat to divert public attention and vilify the diplomat by associating her name with Adarsh scam and by frantically excavating things having no bearing with the case. This author was on a TV channel and was told that it had been issued an advisory that the agenda for the day was demonizing Devyani and consequently eulogizing the US.......

(RSN Singh is a former military intelligence officer who later served in the Research & Analysis Wing. The author of two books: Asian Strategic and Military Perspective and Military Factor in Pakistan, he is also a Guest Blogger with Canary Trap)

[/quote]
WOW

Well looks like there are takers from intelligence circle about possibility of Sangeeta Espionage Network.

My suspicion about link to detention of US Ship seems to have traction.

One can not take claims of RSN lightly though .[/quote]

Comment from the same blog

India is a great country. You extol a judge for his courage and sagacity to give 2G judgement and then crush him on mere blog statement.of a girl who shares the same religion denomination as Sangeeta Richards. Was she a set up like Sangeeta? Why this desperation to make him resign? So as to make an example in a manner so that that other judges are terrorised.? The same people accept everything bandied about by Asaram but is quiet on a lawyer- politician who had found his Lewinsky.

Jarita · Post by **Jarita** » 26 Dec 2013 21:05

Jarita wrote:
chaanakya wrote:BY RSN SINGH
From June to September 2013, the matter just simmered beneath a diplomatic lid, as is normally the practice in espionage cases. No diplomatic mission publically admits of being victims of espionage. In September 2013, the Indian Embassy wrote to the State Department that Sangeeta, who was an absconder, should be arrested and restored to the Indian Embassy as she had violated both the Indian and the American laws, and had stolen cash, cell-phone and ‘documents’. The documents that Sangeeta stole are believed to be very vital to India’s national interest. Also, it needs to be highlighted that the entire Indian officialdom based in New York, including country’s representative at the UN are housed in the same building. For Sangeeta, the building was a mine of information.

While the US authorities were engaged in protecting their ‘asset’ by fabricating various legal spins, matters exacerbated due to another development in India. On October 12, 2013 an American vessel MV Seaman Guard Ohio, belonging to the US firm AdvanFort, was apprehended by the Indian Coast Guard for unauthorized presence in India’s territorial waters. The vessel was being replenished with 1600 liters of high speed diesel by an Indian fishing trawler.
...
Apart from espionage, which is an ongoing activity, the Devyani issue has larger strategic and maritime reasons and facets.

Sangeeta’s espionage network is just one of them. American leverages comprises NRIs, influential intellectuals and media establishments, who were issued diktat to divert public attention and vilify the diplomat by associating her name with Adarsh scam and by frantically excavating things having no bearing with the case. This author was on a TV channel and was told that it had been issued an advisory that the agenda for the day was demonizing Devyani and consequently eulogizing the US.......

(RSN Singh is a former military intelligence officer who later served in the Research & Analysis Wing. The author of two books: Asian Strategic and Military Perspective and Military Factor in Pakistan, he is also a Guest Blogger with Canary Trap)

WOW

Comment from the same blog

India is a great country. You extol a judge for his courage and sagacity to give 2G judgement and then crush him on mere blog statement.of a girl who shares the same religion denomination as Sangeeta Richards. Was she a set up like Sangeeta? Why this desperation to make him resign? So as to make an example in a manner so that that other judges are terrorised.? The same people accept everything bandied about by Asaram but is quiet on a lawyer- politician who had found his Lewinsky.

[/quote]

chaanakya · Post by **chaanakya** » 26 Dec 2013 21:07

Dipanker wrote:
chaanakya wrote: Can you put a link to your claim. I understand that it was all hush hush and sealed indictment was drawn up by Mark Smith, Agent DSS of USD, and sent to Preety master, who in turn issued arrest warrant, while ensuring exfiltration of families in connivance of USD and Immigration. Even USd made up mid to prosecute , what was the need to arrest, if she did not fly in between??
There were links posted in this thread, perhaps that skipped your attention. To me it appears that MEA/GOI dropped the ball on this one.

Here is one:

Devyani Khobragade: Bureaucratic and diplomatic negligence

The state department alerted India about the case in September, but it's unclear what diplomatic efforts were undertaken to resolve the underlying issues short of prosecution.

Yes I am aware of that. It did not inform about impending arrest or case being prosecuted.

This is what Marie Harf of USD stated

US deputy spokesperson revealed in a press briefing that the Indian Embassy in New York was aware about the arrest of Indian Deputy Counsel General Devyani Khobragade, on charges of fraudulent visa document and misleading statements, in September.

"The State Department advised the Embassy of the Republic of India in writing in September of allegations of abuse made by an Indian national against the deputy consul general of India in New York," said Marie Harf, US state department deputy spokesperson, during a briefing while discussing the procedure US authorities went through when US human trafficking deparment came up with the case against Khobragade.

Statement of State Dept was replied by Indian Embassy/MEA as follows:

Indian Embassy's statement on Devyani Khobragade case reveals interactions with US; India yet to received response
Thursday, Dec 19, 2013, 13:23 IST | Agency: DNA Web Team

In an official press response, the Embassy of India reveals interactions with the US counterparts and traces the timeline of events in Sangeeta Richard's employment case since June 2013 which led to the Devyani Khobragade row. Here's the official statement:

The Embassy of India, Washington DC and the Ministry of External Affairs in New Delhi have been taking up the matter of Dr. Devyani Khobragade's domestic assistant Ms. Sangeeta Richard from June 2013 with the US State Department and the US Embassy in New Delhi.

The Embassy of India received the State Department's letter dated September 4, 2013, which requested the Embassy to enquire in to the allegations brought in by Ms. Richard disputing her terms of employment with Dr. Khobragade and seeking the findings of the Embassy. In response, the Indian side both in New Delhi and in Washington DC reiterated the requests pending with the US side in this regard since June 2013 including the following:

- assistance in tracing Dr. Khobragade's domestic assistant Ms. Sangeeta Richard, an Indian citizen who entered the US with an Official Passport of the Government of India, who was found missing on June 23, 2013. This was reported immediately to the Office of the Foreign Missions in New York and NYPD.

- action against blackmailing by Ms. Richard demanding that she be permitted to change her passport, visa status and to work elsewhere, which would be in violation of US regulations.

- assistance in repatriating Ms. Richard as her passport was revoked on July 8, 2013 and is since staying in the US illegally.

- arresting of Ms. Richard who has taken cash, mobile phone and documents from the residence of Dr. Khobragade.

On October 8, a written response was sent by the Indian Embassy to the State Department rebutting the allegation and bringing out the facts of the case whereby Ms. Richard is seeking to subvert both Indian and US laws. The US side was also requested to assist in implementing an injunction issued on September 20, 2013 by the Delhi High Court against Ms. Richard restraining from initiating any legal action against Dr. Khobragade outside India.

Separately, on July 15, 2013, Mr. Philip Richard, husband of Ms. Sangeeta Richard filed a Writ Petition against Dr. Khobragade and the Union of India alleging that Ms. Sangeeta Richard was in police custody in New York and charging Dr. Khobragade. On July 19, 2013, Mr. Richard voluntarily withdrew his Writ Petition.

In view of the above, the State Department was requested to assist in locating and repatriating Ms. Richard to India.

On November 19, the Metropolitan Magistrate of South District, New Delhi issued a non-bailable arrest warrant against Ms. Richard. On December 6, the arrest warrant was forwarded to the State Department and to the US Embassy in New Delhi requesting them to instruct the relevant authorities in the US to arrest and repatriate Ms. Richard to India through our Consulate in New York.

No response was received from the US side for any of these communications.

On December 12, 2013, Dr. Khobragade was arrested.

You claimed that MEA was informed that DK would be prosecuted. It does not appear from either statement. These are quotes and not added to by me. I understand that Stated Dept informed MEA about the allegations and asked to inquire and send its finding. It does not talk about prosecution or impending arrest.

Theo_Fidel · Post by **Theo_Fidel** » 26 Dec 2013 21:08

rohitvats wrote:Interesting take by Orbat.Com - http://orbat.com/

· In practice this means that non-accredited diplomatic personnel – which includes most US Embassy/Consulate officials – can now be arrested for the least infraction of India’s labyrinthine civil and criminal laws. For example, if a non-accredited employee has a same-sex relationship with anyone, American, Indian, or whomever, the police can take the employee into custody. If a restaurant complains the American has misbehaved, or if a shop doubles the agreed price for an order of furniture and says the American has not paid his bill, regardless of the truth of the situation, the American can be arrested. If a servant is fired for theft but complains to the police he has been mistreated, the American can get arrested

Orbat is taking the wrong tone here. India rules should apply to everyone. This not an option. It sends the wrong message to citizens when certain groups are exempt. This should be non negotiable. Let the chips fall where they may.

The only consequence is USA is likely to reduce consular staff to a bare minimum. Issuance of visa etc will slow to a crawl and emigration to USA will probably come more or less to an end. This is painful but a price that must be paid.

Gus · Post by **Gus** » 26 Dec 2013 21:24

Just like how everybody in USA is cavity searched when they employ Mexicans for cheap labor.