In the US, everyone is treated equally by law, including Devyani Khobragade.
By Sajith Menon
WASHINGTON, DC: Judging by reactions from India’s political class and the country’s media, it is evident that the arrest of Dr. Devyani Khobragade, the Deputy Consul General at the Consulate General of India in New York, came as a shock to many in the world’s largest democracy.
Bowing to the pressure from the opinion-makers, who have been calling for tit-for-tat ever since Khobragade’s arrest in New York last week over visa fraud and false statement, the Indian government on Tuesday announced a series of retaliatory measures that, curiously, included removing security barriers in front of the US embassy in New Delhi.
Evidently, any dispassionate observer will tell you that it was overreaction at best. At the heart of the matter here is the failure on the part of Indians to understand the American system.
As both the Department of State and US Marshals made it clear, standard procedures have been followed in this instance. Anyone who has a basic understanding of the US law enforcement knows that officers have to follow same procedure for people accused of any crime. Even for speeding violations, the arrested often get handcuffed and locked up. Prima facie, the Indian diplomat did commit fraud and federal prosecutor and police acted based on evidence.
As for the treatment meted out to Khobragade, one would recall that former International Monetary Fund chief Dominique Strauss-Kahn, who was accused of sexual assault, was arrested from a flight. He was handcuffed and jailed. It took him a while to even get bail. Courts tend to decline bail to foreigners, as they are termed—fairly or unfairly—“’flight risk.†In Khobragade’s case, she was released on bail the same day.
Another aspect of the American system that those that are protesting the arrest of Khobragade seemingly forget is the fact that, in the United States, everyone is treated equally by law—whether the person who violated the law is a mayor, senator, governor or a law-enforcement official. Tens and thousands are arrested across the country, some even for minor traffic violations. They all end up locked up with others who are similarly accused of violating law. Same was the case with the Indian diplomat.
The Indian government could have avoided the ugly situation if it had learned lessons from similar complaints against its diplomats in recent years. There were at least two such complaints involving maids in New York alone.
It is clear that previous incidents of fraud by senior Indian diplomats in the US have been ignored and not taken seriously by New Delhi. It appears the United States lost its patience and acted in accordance with its laws, in order to send a clear message to India and other nations.
India should also have educated its Foreign Service officers about the laws and cultural practices in the countries they serve. Complaints regarding mistreatment of domestic helps and maids by senior government officials and bureaucrats, including those belonging to the prestigious IAS, IFS and IPS cadres, rarely come to the public arena. The government has to review these incidents and take adequate measures to improve the conduct and service standards of senior officials.
(Sajith Menon is a technology and management expert and also an entrepreneur based in Washington, DC. He is active in US’s trade and foreign policy affairs with many nations including India. He was invited by the White House to be part of US presidential delegation led by President Barack Obama to India in November 2010. He has an MBA in Marketing & Finance from University of Pennsylvania, and a Bachelors of Technology degree in Mechanical Engineering from the University of Calicut/Government Engineering College in Thrissur, Kerala.)