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THURSDAY, 24 APR 2014
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An Indian diplomat pays a price for judicial grandstanding
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Nearly a month after American authorities arrested India’s deputy consul general in New York, Devyani Khobragade, outside her children’s school and charged her with paying her Indian domestic worker a salary below the minimum wage, bilateral relations remain tense. India’s government has reacted with fury to the mistreatment of an official enjoying diplomatic immunity, and public indignation has been widespread and nearly unanimous. So, has an era of steadily improving ties between the two countries come to an end?Judging from Indian leaders’ statements, it would certainly seem so. India’s mild-mannered prime minister, Manmohan Singh, declared Khobragade’s treatment “deplorable.” National Security Adviser Shivshankar Menon called her arrest “despicable” and “barbaric,” and Foreign Minister Salman Khurshid refused to take a conciliatory phone call from U.S. Secretary of State John Kerry.

Emotions have run high in India’s Parliament and on television talk shows as well. Writing to her diplomatic colleagues after her arrest, Khobragade, who has denied the charges against her, noted that she “broke down many times,” owing to “the indignities of repeated handcuffing, stripping and cavity searches, swabbing,” and to being held “with common criminals and drug addicts.”

A former Indian foreign minister, Yashwant Sinha, has publicly called for retaliation against gay American diplomats in India, whose sexual orientation and domestic arrangements are now illegal after a recent Supreme Court ruling. The government has not taken him seriously, but his suggestion indicates how inflamed passions have become.

Some retaliation has occurred. The initial American rationale (that foreign consuls in the U.S. enjoy a lower level of immunity than other diplomats) led India’s government to re-examine privileges enjoyed by U.S. consular officials that are unavailable to their Indian counterparts in the U.S. These privileges – including full-fledged diplomatic ID cards, access to the restricted customs areas of airports, tax-free shipments of items for personal consumption and no questions asked about the terms of their employment of local domestic staff – were swiftly withdrawn. The cardinal principle of diplomatic relations is reciprocity, and India realized that it had been naive in extending courtesies to the U.S. that it was not receiving in return.

Likewise, the police have removed bollards and barriers that the U.S. Embassy had unilaterally placed on the street in front of its complex in New Delhi, creating an obstacle to free circulation on a public road that India had tolerated in a spirit of friendship. (The government has, however, reiterated its commitment to the U.S. Embassy’s security, even reinforcing the police presence outside.)

Tempers remain inflamed, with U.S. Ambassador Nancy Powell, in a New Year’s message to Indians, ruefully acknowledging that ties have been “jolted by very different reactions to issues involving one of your consular officers and her domestic worker.” Kerry has also expressed “regret” over the incident. But the U.S. has shown no signs of moving to drop the charges to defuse the crisis.

Indians remain bewildered that the U.S. State Department would so willfully jeopardize a relationship American officials had been describing as “strategic” over a practice routinely followed by foreign diplomats for decades. Most developing-country diplomats take domestic staff with them on overseas assignments, paying them a good salary by their national standards, plus a cost differential for working aboard. In Khobragade’s case, perquisites included a fully furnished room in a pricey Manhattan apartment, a television set, a mobile phone, medical insurance and tickets home.

The cash part of the salary may be low by U.S. standards – Khobragade herself, as a midranking Indian diplomat, earns less than what the U.S. considers a fair wage – but with the other benefits, the compensation is attractive for a domestic helper.

More to the point, Khobragade did not find her maid in the U.S. labor market and “exploit” her; she brought her from India to help her in her representational duties, on an official passport, with a U.S. visa given for that purpose. In almost no other country are local labor laws applied in such a manner to a foreign diplomat’s personal staff.

Privately, U.S. diplomats express frustration at their helplessness in the face of theatrical grandstanding by the ambitious federal prosecutor, Preet Bharara, an Indian-American who has launched a series of high-profile cases against Indians in America. For once, however, the zealous Bharara seems to have slipped up, because Khobragade was arrested at a time when she enjoyed full diplomatic (not just consular) immunity as an adviser to India’s United Nations mission during the General Assembly. The State Department’s handling of the matter – which included approval of Khobragade’s arrest – has been, to say the least, inept.

Worse, just before the arrest, the maid’s family was spirited out of India on U.S. visas for victims of human trafficking. The implication that an Indian diplomat in a wage dispute with her maid is guilty of human trafficking understandably riles Indian diplomats as much as the treatment of Khobragade after she was detained. The American habit of imposing its worldview self-righteously on others is deeply unwelcome. To most Indians, common discourtesy cannot be repackaged as moral virtue.

Indian-American relations had been strengthening, owing to both sides’ shared commitment to democracy, common concerns about China and increasing trade and investment. The Khobragade affair suggests, however, that all of this is not enough: sustaining a strategic partnership requires, above all, mutual respect.

India had handled American diplomats with a generosity of spirit that it felt the bilateral relationship deserved. Now, with the same spirit shown to be lacking from the other side, the friendship has suffered. Until the U.S. displays appropriate deference to the sensitivities, pride and honor of other peoples and cultures, it will continue to be resented around the world.

Shashi Tharoor is India’s minister of state for human resource development. His most recent book is “Pax Indica: India and the World of the 21st Century.” THE DAILY STAR publishes this commentary in collaboration with Project Syndicate © (www.project-syndicate.org).

 
A version of this article appeared in the print edition of The Daily Star on January 08, 2014, on page 7.
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Devyani Khobragade / diplomat / arrest / law / United States of America / India
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Story Summary
Nearly a month after American authorities arrested India's deputy consul general in New York, Devyani Khobragade, outside her children's school and charged her with paying her Indian domestic worker a salary below the minimum wage, bilateral relations remain tense.

The initial American rationale (that foreign consuls in the U.S. enjoy a lower level of immunity than other diplomats) led India's government to re-examine privileges enjoyed by U.S. consular officials that are unavailable to their Indian counterparts in the U.S. These privileges – including full-fledged diplomatic ID cards, access to the restricted customs areas of airports, tax-free shipments of items for personal consumption and no questions asked about the terms of their employment of local domestic staff – were swiftly withdrawn.

The cash part of the salary may be low by U.S. standards – Khobragade herself, as a midranking Indian diplomat, earns less than what the U.S. considers a fair wage – but with the other benefits, the compensation is attractive for a domestic helper.
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