Devyani Khobragade was arrested, humiliated by being stripped and released on
bail and there are criminal charges for pending against her for paying less
than minimum wages and providing false statements in order to gain entry to the
United States for her domestic maid.
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She was arrested even though she enjoyed
diplomatic immunity.
She enjoyed
consular immunity which is not the same as diplomatic immunity. If consular
immunity was enough, why did Indian government move her another position to
give her real diplomatic immunity?
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But didn’t USA claim diplomatic immunity for
Davis Raymond when he shot two ‘armed men’ who stopped him while he was driving.
When are
armed men brandishing weapons who stop you are not a serious enough threat?
Wouldn’t shooting them count as self-defence? Anyway, Davis was NOT let off by Pakistani
government. Finally when he was released, he was released under a principle of Sharia
(Islamic law) that allows murder charges to be dismissed if diyya is paid to
the deceased's families (if and only if, they agreed without any pressure), an
arrangement which is legal and common in Pakistan.
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But why
should she be arrested in public view, handcuffed in front of her children and strip-searched?
Public view?
Are the American law enforcement supposed to arrest alleged criminals in
Private and secrecy?
Why handcuffed?
According to other side, she was not. Maybe she was.
Why Strip
searched? This is the act which has really disturbed the Indians the most. This
is really deeply humiliating and does not happen in most countries. But like it
or not, laws and culture are very different in different nations. In US it is legal
to burn the US flag, other countries’ flags, burn the bible or Koran, heap
ridicule on any religion, wear underwear made of the national flag, have gay
sex, have an unlicensed gun and your are legally very safe. It’s not a big
deal. In India, all these things are pretty serious stuff. In India what you a
pay a domestic maid is none of the law's business. We got to accept,
laws are different in different nations.
Most
Indians will find it hard to believe but in the US, thousands of people arrested
every day even for the most trivial reasons and routinely strip searched, even awaiting
hearing. In a landmark case in 2102, the U.S. Supreme Court ruled 5-4 that jail
strip searches for new inmates were constitutional, even when there is no
suspicion that an individual is hiding contraband. The decision applied to
anyone arrested accused of a crime, including relatively minor infractions such
as traffic violations. Such searches are a common feature of the U.S.
criminal justice system regardless of race, gender, good looks or status in society.
Anyone taken to holding cells of the New York federal courthouse is
automatically subjected to a strip search if they are placed among other
prisoners. For those still not convinced about this fact just need to a five
minute Google search. This may not be a good thing but not something which
happened to Devyani out of discrimination.
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But why was she was placed along with drug addicts
and the like!
Seriously?
Even while traveling in a train the person on the next seat may be a drug addict!
What was she expecting in a prison cell? Specially selected companions just for
her?
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But everybody does it.
This might
be a common practice amongst the Indian Foreign service officers. In fact, it
seems clear that there is Indian Governments active support for this practice which
is not really wrong as per Indian law or sensibilities. That is exactly the reason
for the anger and bitterness running high in the Indian Foreign Service, which
closed ranks behind its young colleague. They are accomplices in the
deed and shocked. It could have been any one them too in place of Devyani.
But is
it reasonable to expect the US judge to be impressed by this argument.
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But is a conspiracy and pre-planned. How come
Sangeeta’s family was flown in just a few days before to the US? Their action
is an adverse comment on the Indian legal system as the family.
So are
we going to accuse the prosecutors for planning in their job?
Is there even one sane argument in favour of the
Indian response?