India-US Strategic News and Discussion

saip · Post by **saip** » 21 Jan 2014 00:19

Has anyone seen the screen shot of the form DS160? AFAIK there is only one entry and it asks 'Income in Local currency'. If the figure is 4500 and it would mean SR's income in new delhi in rupees (equivalent to $75).

krisna · Post by **krisna** » 21 Jan 2014 00:25

saip wrote:Has anyone seen the screen shot of the form DS160? AFAIK there is only one entry and it asks 'Income in Local currency'. If the figure is 4500 and it would mean SR's income in new delhi in rupees (equivalent to $75).

sample form from google.
http://www.immihelp.com/visas/sample-ds ... cation.pdf

on page 3 under work education /training salary

Month Salary in Local Currency:

ManjaM · Post by **ManjaM** » 21 Jan 2014 00:28

Theo_Fidel wrote:India should highlight the fact that in it overzealous pursuit of DK GOTUS has torn apart a family and separated a mother from her children. The true tragedy of the entire stupid episode. This is the only one that will resonate in USA. Yet hardly anyone mentions it. If it was the USA there would be tearful video's of the kids crying for their mom and cruelty of the bureaucrats exposed. Holly wood would then turn the thing into a movie, 60 minutes would spend 20 minutes on the unfairness and the over reaction. Very brownsploitation but there is a game to play.

There is a yahoo article about how Dr. DK is missing her kids and yearns to be with them. The comments at the bottom of the article is the exact opposite of what you have called resonating with USA. And in the same post you are advicing being fearful of a jury of the same people whom you are saying will be sympathetic towards the mom sob story.
It doesnt matter what people in massa think in this case, it is GoUS that has to do the untying as they have belatedly started doing.

saip · Post by **saip** » 21 Jan 2014 00:32

^^^ That is what I have seen too. So where is the column for 'Employer's Salary'? This form for A3 Visas is accompanied by a contract for employment and a diplomatic note. That contract submitted by SR (and signed by both DK and SR) did mention $9.73/hr as SR's wages. So where is $4500 figure coming from? Did both Smith and DK's attorney misread the form? Or while filling the form DK had a mental lapse and put $4500 as the salary ignoring the 'local currency' phrase?

Yayavar · Post by **Yayavar** » 21 Jan 2014 00:45

TF: Mays are not in court since they are US diplomats and hence are asked to leave and not hauled up in Jails and misbehaved with. The US SD behaved abominably knowing full well that it was an Indian diplomat.
There was a human trafficking angle early on and then was dropped as it was trumped up and shown to be so.

The getting even means something different in this context; you dont want similar 'barbaric get even-ness' spreading across the globe. It needs to be done through reciprocal privileges and taking suitable action against those found breaking the law beyond agreed to limits (or immunities). As far as I can tell that is what is being done.

Suraj · Post by **Suraj** » 21 Jan 2014 00:55

Theo_Fidel wrote:As the employer it is DK's responsibility to demonstrate legal compliance.
She will not win the lawyers claim.

Why is this matter constantly being debated from the perspective of US law ? The most appropriate basis of debate is whether or not the charges are applicable under the terms of the Vienna Convention, whether it's for consular members or diplomats.

Giving primacy to US law is a mistake. For anything involving consular or diplomat personal, the first reference is to Vienna Convention. There's a reason why the VCDR and VCCR exist - to provide a uniform set of guidelines for the treatment of diplomats worldwide. The US does not respect such uniformity. Cases in point:
* DK episode, where in their opinion she's obligated to follow local wage law and has no immunity.
* Raymond Davis episode, where they asserted a contractor who went on a shooting spree has *full* immunity.

What India has done here is to assert that we will not follow US law, because it is not compliant with VCCR/VCDR guidelines. All this chargesheet, jury vury stuff does not matter - we simply refused to waive immunity after asserting it, and ensured that Bharara's cronies wouldn't try to arrest her off the plane or at JFK.

Now all that remains to be done is for the case to be dismissed for failing the most basic requirement - can you even charge her at all ? The answer is no. It is a pointless waste of time to dwell on the minutae of wage law and jury/Nbjprie.

UlanBatori · Post by **UlanBatori** » 21 Jan 2014 01:06

Her lawyer was not stupid. If these were available he would have advised DK to stand and fight.

I agree with the first part, which is why he advised DK to get out on immunity and avoid the pressure of being put in jail/ having movements restricted.

The first issue is sovereign diplomatic immunity. They had no right to arrest her, period. That whole thing was grandstanding and Keystone Kops, and has to be knocked out.

The second issue is what and whose law? Whether or not DK is to be subject to American law, then SR and her family are subject to Indian law even more, and even before that. In fact the Indian complaint precedes any SR complaint, and the SR complaint should be regarded as after-the-fact cooked up in retaliation to the Indian action of properly reporting an AWOL official passport holder.

The US SD is completely in the wrong from an international viewpoint.

So they would, and DID, put DK under immense pressure to get her to agree to some "reduced charge" as fig-leaf to cover their own exposed musharrafs. So by all means, she had to get out of the rapists' clutches.

Ppl seem to take the US claim that they "evacuated" the SR family to "protect" them from retribution. But there is no evidence of ANY Indian intent at retribution, otherwise why did the passport control at Dilli airport allow these people to leave? They had no job offer, no GC...

OTOH, consider the situation over here: the action against DK was BLATANT intimidation, bullying, retribution for filing an honest complaint. It's a pity that the GOI is not smart enough to fund an all-out lawsuit against the entities involved - Zeya, May, Bharara, Smith, Safe Horizons, and get their ambu-chaser disbarred too. Demand $100M damages.

So I think DK's lawyer has so far been doing exactly right. There has not yet been any reasonable forum to exhibit the facts and arguments on her side. Just the initial presentation demanding dismissal of charges has sent Bharara scampering into his den claiming "substantive issues" etc. Question is how far the GOI will take it (I fear they will go back to yada-yada genuflexion at the first opportunity), which is why I hope the Republicans will see the effects of the BO gang's bullying and duplicity, on America's reputation. Write off those letters pls, ppl. What if a Congressional Investigation is started, and stats sending out subpoenas for the conspiracy documents?

P.S. I see that Suraj hits the same points far better than I. Yes, the question is, why does one assume that only the US attorney's INTERPRETATION of US law and the Constitution, has any validity? The guy is a political appointee out to win points, not to defend justice.

krisna · Post by **krisna** » 21 Jan 2014 01:11

In US of A , I was told by my colleague who is a medico and lawyer both.
he said it is not the truth that wins but who sends the message that the other person is wrong to the right audience.(something like that)

As it is very expensive for ordinary amirkahns, many avoid the legal process-- over 90% never go to the jury. It is all done by lawyers of both sides with the aggreiveed parties shelling out the money. only lawyres of both sides become rich.

saying judiciary is fast and justice done is a misnomer in america.

ramana · Post by **ramana** » 21 Jan 2014 01:20

Theo_Fidel wrote:Ramana,

Where is there unsubstantiated charge.
----------------------

....

Thoe, Right from Dec 13th when the case first came to light you have been gleefully claiming that DK and by default GOI was wrong and getting its due. Others not so clever as you got warned and banned. You still persist in this nonsense despite Niagara of posts on the subject.
Your tactic is called fogging. Make charge- lie low- repeat the charge- lie low and see how others get beat/warned up.

And if any one questions you bring up South TN as if there are no nationalists there.

Not all IBDAs have absconded. There is a clear line of names in SD involved in this case.
There is a pattern of T visas being issued since 2011 to India.
Any way I am asking you to stop this or expect to be warned for trolling.

Amber G. · Post by **Amber G.** » 21 Jan 2014 02:16

Amber G. · Post by **Amber G.** » 21 Jan 2014 02:16

UlanBatori wrote:Hey, long time ago there was a link given, to send letters to the US Congressppl. Anyone recall? I think it was in the heyday of Rangudu's rise to fame.

Best (IMO most effective) is to contact your local congressmen, more than likely you will be able to speak to them by giving some personal touch. (The letter you write need not be perfect and some times it is better to send a imperfect letter, or just talk to their office rather than not send anything while waiting for a perfect letter)

See: http://www.house.gov/representatives/find/
(Check out FQA etc)

or http://www.contactingthecongress.org/

BTW, I did have an interesting and rather long talk (the person was in a listening mood) about DK affair last month. My main jist was human and commonsense angle..(DK could be his/our own family member and why allow such a rouge, despicable, and entirely unnecessary treatment to a person who without any doubt had a diplomatic position with one of our friendly country, had zero probability that she will unlawfully run away, and risk so much with that kind of stunt, without any possible positive outcome. There ought to be some sort of oversight to hold nasty people like the those in DS or DSS, accountable and never let this kind of even happen again ityadee..)

UlanBatori · Post by **UlanBatori** » 21 Jan 2014 02:26

The comments at the bottom of the article is the exact opposite of what you have called resonating with USA

I have learned to ignore those as metrics of what people actually think. Imagine, what sorts of people sit on the Internet posting comments below articles?

Once one goes that route, it is easy to discount such opinions as coming from sick antisocial elements.

But the piskology there is similar to that of survival in any jungle: never show any weakness. If YOU stand up and say that this is the proper issue, and do not waver, then the rabble-rousers generally give up and the fence-sitters come over to your side. But in the DK case too many desis jumped on the SD/PB bandwagon and rushed to condemn IFS/DK/UK etc.

The tide is turning, and common sense can prevail, if one only stays persistent. Almost no one now holds that the sensational and brutal arrest etc served any purpose. I mean, exactly what did these Einsteins expect to find on the person of a mother dropping her kids off at school? Cyanide capsules? Hand grenades? Pleading "SOP!" just shows they are idiots led by worse idiots. Should be replaced by robots with no loss of IQ or judgement, and then one need not be too concerned about the Safety Of Law Aphsars.

So on to the next step: who set up this whole scam?

Also, it should be pretty clear that little kids need care, and a busy career mom needs help in that respect. The "laws" should take that into account. No one is arguing for mistreating anyone, but the premise and actions here are completely outrageous.

The "nanny" has so far been protected. But she too is not above the law. Exactly what provocation did she experience, that justifies her violating her agreements and obligations? Why should she not face justice?. OK, Zeya and May can send their personal SD lawyers to advise the Defense team, but they cannot shield her from the law and then claim that they are law-abiding.

These are the essential human elements.

Amber G. · Post by **Amber G.** » 21 Jan 2014 02:35

About AES and alleged income tax fraud, if the employees were US citizens, it will be against US law if they did not pay US income tax, (or did not report, or falsly filled the forums, about the foreign income).

I am sure we all remember Al Capone, the gangster, who escaped and avoided all charges and was eventually arrested for tax fraud.

Can someone inform IRS to audit their tax returns..

Bade · Post by **Bade** » 21 Jan 2014 02:37

What is galling, is that the Supreme Court has upheld cavity search as the legal thing to do for safety of all concerned as SOP. To think that it is the same country which values privacy and can go anal about it.

There should be a general travel advisory to this effect on the chance of a cavity search required for those traveling to the US. Huge displays describing the procedure pictorially should be made visible near the boarding areas of airports, dedicated these days for US destination flights

and for additional security checks before boarding.

UlanBatori · Post by **UlanBatori** » 21 Jan 2014 03:00

A set of V.I.P. ads would do the same.

Traveling to the USA? Land Of Bharara and Home of Zeya?

For the Clean-Cavity Traveler: V.I.P.!

Amber G. · Post by **Amber G.** » 21 Jan 2014 03:16

Bade wrote: There should be a general travel advisory to this effect on the chance of a cavity search required for those traveling to the US. Huge displays describing the procedure pictorially should be made visible near the boarding areas of airports, dedicated these days for US destination flights and for additional security checks before boarding.

Actually many countries (particularly France) do issue travel warning against US - certain cities. (This of course, gets American media extremely mad)

Here is one against NY city:

http://www.diplomatie.gouv.fr/fr/consei ... nis-12311/
(Be wary in Times Square and at the Statue of Liberty, and don’t go to Harlem, the Bronx or Central Park at night.. In Wasington DC ... Northeast and Southeast should be avoided, and Union Station is dangerous at night. ... Don’t go to Anacostia, day or night.)

ramana · Post by **ramana** » 21 Jan 2014 04:47

That last bit is told to even visiting service personnel too.

UlanBatori · Post by **UlanBatori** » 21 Jan 2014 05:47

I thought this guy was a friend of India? Sounds 400% Lifafa. Disappointing.
Exactly what has been "irrational" about exposing the visa and tax fraud at the AES? Or withdrawing the one-sided imperial privileges and genuflexion accorded to the American "dipomats"?

There are a number of things that the United States has that India needs for its growth and development, and some of these can be dispensed at the discretion of the US government. One example, as economist Ajit Ranade pointed out to me, is shale gas technology. The US president can determine whether and who American companies can share it with. It is not in our interest for petulance to become the currency of bilateral relations.

This is called, well, never mind... but it gets a lot worse.
The the guy ends with a blatant bleat:

Give N*M* a visa. please? PLEASE? Pretty PLEASE, PLEASE, PLEASE?

Nauseating.

amit · Post by **amit** » 21 Jan 2014 05:48

I see Ramana has asked Theo to stop his line of posting. However I think that folks like Theo and others have not thought this whole thing through. Let's assume for the moment that DK is guilty as charged. We've been told that this charge carries a 10 year prison sentence apart from a monetary fine.

Now did the SD babus (and one Didi) seriously think that they would be able to arrest strip and cavity search the Indian Deputy Council AND then put her in front of a jury and find her guilty and lock her up with a bunch of hardened criminals in one of the US "five star" prisons for 10 years? And do all this while it was business as usual with India? If they did then you would think there is an even greater lack of grey matter than is generally assumed.

Think it from the perspective of SR. Let's suppose that her complaints are genuine and she was underpaid. Now if the folks backing her are good Samaritans then the whole objective would be to ensure that she got her dues. But by making this a criminal case they practically ensured that SR wouldn't get a dime from DK or India. The funny thing is that there is already a precedence within the past five years of an Indian diplomat in NYC paying up (even though it was nothing but extortion) to a maid who used the money to start her American dream.
Nope the more I see the case the more I see SR being as much a victim as DK - both pawns in the hands of a bunch of SD folks who personally couldn't care less about SR's plight.

So all this talk about following US law and upholding it is bulls**t. If AmirKhan was worried about that and wanted to make an example they would have just declared DK PNG. If they wanted to get SR her "dues" then they would have facilitated meditation as was done in Prabhu Dayal's case. Try to keep the big picture in focus - that's my humble advice Theo

ramana · Post by **ramana** » 21 Jan 2014 05:59

Thanks Amit.

Old article from TOI

Who is Sangeeta Richard?

UlanBatori · Post by **UlanBatori** » 21 Jan 2014 06:08

The fact is that SR is owed nothing, and has suffered no cruelty of any kind (Maybe the Khalistanis have done something to her in the past weeks, I wouldn't be surprised). The American policemen and the SD officers are experienced enough to know quite well that she is an immigration scammer and petty extortionist. Probably they are also cursing Zeya and the other higher-ups for putting them in an impossible position.

amit · Post by **amit** » 21 Jan 2014 06:26

ramana wrote:Thanks Amit.

Old article from TOI

Who is Sangeeta Richard?

Your welcome Ramana. There are times when one needs to stand up and be counted.

UlanBatori · Post by **UlanBatori** » 21 Jan 2014 06:30

Slightly OT, but this is the latest bandwagon of the BO WH

The fact that the SR case is NOTHING AT ALL like this, will be swept under the rug by the usual bigots. Is it a case involving asians? Q.E.D.

I bet SR comes to court in a wheelchair with a neck brace.

ramana · Post by **ramana** » 21 Jan 2014 07:28

amit if you are in touch with somnath let him know he is welcome back.

ramana · Post by **ramana** » 21 Jan 2014 07:36

UB et al, We need to get to the cavity search business.

Wayne May is BDS
DK arrest was by BDS.
Handed over to USMS
Early SD reports Ms Hack(?) said SOP was used.
DK said on an email to her colleagues it involved cavity searches.
USD claimed only SOP.

India went ballistic and equated to custodial rape.

USMS muttered no cavity search only strip search by female Surpanaka guards.
Now they had claimed SOP earlier and later claimed strip search only.
Did Wayne May coach his BDS colleagues to give special treatment?

For Indian woman such an indignity is abominable. Since DK wrote about it in her email, tend to believe her and not the Surpanakas.

Theo_Fidel · Post by **Theo_Fidel** » 21 Jan 2014 07:42

Still don't see where the unsubstantiated charge is. But I'll let it lie...

ramana wrote:
Theo_Fidel wrote:Ramana,

Where is there unsubstantiated charge.
----------------------

....

Thoe, Right from Dec 13th when the case first came to light you have been gleefully claiming that DK and by default GOI was wrong and getting its due. Others not so clever as you got warned and banned. You still persist in this nonsense despite Niagara of posts on the subject.
Your tactic is called fogging. Make charge- lie low- repeat the charge- lie low and see how others get beat/warned up.

And if any one questions you bring up South TN as if there are no nationalists there.

Not all IBDAs have absconded. There is a clear line of names in SD involved in this case.
There is a pattern of T visas being issued since 2011 to India.
Any way I am asking you to stop this or expect to be warned for trolling.

Theo_Fidel · Post by **Theo_Fidel** » 21 Jan 2014 07:47

amit,

this is one of the prices for living in USA and earning in dollar.
Just today LA times had a report that 50% of Black in NY City have been arrested before Age 25 or so.
Also 40% of whites have been arrested before age 25.

And yes you can bet your bottom dollar a large fraction were cavity searched.

Bottomline in USA is still don't get arrested!! One mistake can be your last.

amit · Post by **amit** » 21 Jan 2014 08:02

^^^^
Price of living in the US? As far as I know DK didn't go "to live in the US". She was there as a representative of GoI. The facllacy is to think of DK as an a private citizen involved in this case.

habal · Post by **habal** » 21 Jan 2014 08:27

Deleted

SaiK · Post by **SaiK** » 21 Jan 2014 08:45

i.e., those are the arrested cavities under the influence of drugs. gosh.. we have this generalization -> specialization -> generalization to a new context, and new cavity search theory!!!

shiv · Post by **shiv** » 21 Jan 2014 09:25

Theo_Fidel wrote:amit,

this is one of the prices for living in USA and earning in dollar.
Just today LA times had a report that 50% of Black in NY City have been arrested before Age 25 or so.
Also 40% of whites have been arrested before age 25.

And yes you can bet your bottom dollar a large fraction were cavity searched.

Bottomline in USA is still don't get arrested!! One mistake can be your last.

Theoavargal, I don't normally get into this but your post is too tempting.

To use an imperfect analogy, 70% of rural Indians are poor and 50% or urban Indians are poor. Bottom line in India is, don't be poor. What sort of stupid advice is that?

The point I am making is that the advice you have given is posted as if it is wise but it is simply a banal truism that does not warrant linking with any statistical information, wrong or right. It does not matter who else gets arrested in America, it is always wise not to get arrested whether you are in America or outside America. The statistical information means nothing.

If one were to reach any conclusion from the statistical information you have provided, it is that if you live in New York it is better for you to be white. That way you have a better than 60% chance of not being arrested.

In fact I read a statistic somewhere that shows how such a huge proportion of Americans have been to jail at least for short periods, that the act of going to jail for a relatively minor offence (or for a short while) seems to me to be no big deal for a significant percentage of Americans. The US clearly has a higher caste of people who have managed to avoid jail by some means.

My personal views make me reach the following conclusions:
1. If more than 10 % of any population gets time in jail at some time in their lives something is not totally right in that society, either among the jailers or jailed or both
2. Only totalitarian regimes jail such humongous numbers of people, and the US probably makes up for this by having luxury jails where prisoners have "rights". Those rights will include food, entertainment and exercise and healthcare but nothing else. The US will then claim that jailing in the US is humane unlike being jailed in India (or Boputhatswana) - where the food and healthcare conditions are poor in jail.

Vayutuvan · Post by **Vayutuvan** » 21 Jan 2014 09:29

ramana wrote:Early SD reports Ms Hack(?) said SOP was used.

It is Ms. Mary Harf (IIRC).

Also, instead of Shurpankha, I think Trijata would be more apt.

pankajs · Post by **pankajs** » 21 Jan 2014 09:34

Shiv saar

Totally 25% of the prison population worldwide is in US the country of the free and the land of justice.

Karan Dixit · Post by **Karan Dixit** » 21 Jan 2014 09:58

vic wrote:DK was diplomat. Period. If you did not like her actvities, ask her to leave. I did some back of the envelope calculations and the tax evasion, penalites, interest on American School and club come to around USD 800 million dollars.

Those 800-million US dollars belong to the protein deficient people like the Mali (friend of Paco). Central Board of Direct Taxes (CBDT) better not lose sight of that money.

Suraj · Post by **Suraj** » 21 Jan 2014 09:58

Has it been confirmed that the May couple have been fired by the State Department ? The NY Daily News said they had 'been let go'. But any further references ?

chaanakya · Post by **chaanakya** » 21 Jan 2014 10:08

Domestic help abroad to be paid as per that country’s laws: draft policy

This is a welcome step. However , it should provide for wages should not be less than the minimum wages of either country whichever is higher in case of Foreign employers such as Embassies and diplomats. i.e. to say minimum wages as prescribed by India or as by US with all attendant benefits whichever is higher is employed by foreign nationals/PIOs/OCIs. In case of India national nationals India laws are applicable when employed by Indians in India. Only Registered workers with MEA or ministry of employment should be allowed to work with foreign embassies. That will prevent Paco vs Maali type situation with foreign diplomutts.

The draft National Policy for Domestic Workers, providing for minimum wages and the right to form unions and associations to domestic helps, states that it “shall not affect any more favourable provisions applicable to domestic or migrant workers under other bilateral/ multilateral instruments/ treaties or foreign legislations, policies, programmes or schemes”.

This provision was incorporated following the Ministry of Overseas Indian Affairs’ suggestion that the “national laws of the destination country will apply to the domestic workers who work abroad”.

The Union Cabinet, which took up the proposed policy on Monday, decided to refer it to a Group of Ministers after it was pointed out that the provision for giving these workers the right to form unions and associations would have to be extended to the unorganised sector also.

The Cabinet note stated that domestic workers who are recruited to work overseas must be protected from abuse and exploitation. Legislations and policies need to ensure that domestic workers taking up jobs abroad or accompanying their employers abroad shall be appropriately briefed and made aware about their rights and privileges in the country of work, it said.

According to the proposed policy, the Ministry of Overseas Indian Affairs, in collaboration with the Ministry of Labour and Employment, must set up a mechanism to ensure potential migrant domestic workers receive written job offers or contracts, addressing the terms and conditions of employment, before going abroad. The terms and conditions must be explained to the worker in a language that is understood by him/ her.

The proposed mechanism must include measures to ensure that domestic workers are briefed about the helpline numbers or contact points such as embassies, names and addresses of civil society organisations/ workers’ organisations in the country of work which can provide assistance in case of infringment of rights or abuse.

The policy proposes to include domestic workers, whether working full-time or part-time, in the appropriate existing labour legislations. They would have the right to fair terms of employment relating to payment of minimum wages, access to social security, protection from abuse, harrassment and violence. They would also have the right to enhance their professional skills and employment opportunities. A mechanism is proposed to be set up for regulation of placement agencies too.

The Ministry of Labour and Employment would be responsible for setting up a mechanism to implement the policy.

chaanakya · Post by **chaanakya** » 21 Jan 2014 10:58

Theo_Fidel wrote:Absolutely. Why aren’t the May's in Indian court? .

Because India followed VCCR and VCDR in this case and asked USG to withdraw their diplomutts on reciprocal basis since USG asked India to withdraw DK.

Theo_Fidel · Post by **Theo_Fidel** » 21 Jan 2014 11:35

^^
But GOI had no hesitation going after the Italian ambassador.
-------------------------------

Shiv saar welcome back,

There was a time spending a night in the USA drunk tank was no big deal. If you were part of the college scene it was inevitable this would happen to you. I regret having patronized such facilities myself a few times. No probing was involved. But with the strip/cavity search policies now it pays to be a lot more careful. If you talk to college students these days almost all of them know some one who has been 'probed'. Like I said don't give them an excuse to arrest you. Don't leave parking tickets unpaid, speeding tickets outstanding or even court appearances un-attended. My colleague got himself arrested when a cop stopped to help him with a flat tire on Christmas eve. The cop ran his license, as he is required to, found a outstanding warrant and took the the guy in. Yup! He got the strip search.

It will take a while but eventually Americans will tire of this and outlaw it. Look at Cannabis. Americans got tired of having their doors kicked in and arrested for every half a pot cigarette and are disgusted enough to legalize the entire damn thing.

In the mean time don't get arrested. It is no different than defensive driving. Every little power hungry uniform can make your life miserable.

Arjun · Post by **Arjun** » 21 Jan 2014 11:51

Theo_Fidel wrote:It will take a while but eventually Americans will tire of this and outlaw it.

I agree...& am glad India is assisting in this process by taking up the Dharmic responsibility of kicking the US in the butt until it realizes its responsibility towards its citizens.

munna · Post by **munna** » 21 Jan 2014 12:06

Theo_Fidel wrote:^^
But GOI had no hesitation going after the Italian ambassador.
-------------------------------

I wanted someone to raise this point. Here comes the reply, in this particular case the Italian Ambassador intervened on behalf of his citizens and gave an undertaking to the host court on his/his country's behalf regarding their availability for the trial. In other words he voluntarily stepped into the process of law and made himself a party to the proceedings. In that case VCCR and VCDR are deemed to be bypassed by the sending country or its diplomat. In other words if DK were to voluntarily subject herself to US courts then VCCR would have no play but otherwise the US laws/courts/might/superpowers come to a big zilch.

The whole idea of VCCR and VCDR is to give absolutely NO PLAY to the host country over the sending country's diplomats, unless otherwise decided by the sending sovereign.