Exploitation of employee or blackmail of employer? (Khobragade case) - Page 27

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RangRasiyaKi thumbnail
Posted: 11 years ago
NOT RELATED TO THE DEBATE:
Anyone else having a problem when they try to edit posts? I have been trying to but it keeps giving me the middle finger. 😡
373577 thumbnail
Posted: 11 years ago

Originally posted by: RangRasiyaKi

That is the problem. Indians/Humans have a habit of mob mentality. They just hear what they want to. Devyani...Indian Diplomat...USA put her in jail...strip search...and then hai hai.
It is "standard procedure" in most countries even the USA to try and get their diplomats out from the countries they may face trials . The USA did not hesitate to do that with their diplomats and even contractors without diplomatic immunity who had been indicted for more serious crimes like murder, rape, shooting .Why cry foul when India did the same 😉
No one gives a hoot of thinking "why was she arrested in the first place?
Not true.
why would a country like states take an action and piss whole country off?
Oh 😲 Is the USA some sort of a benchmark for exemplary ideal behaviour? 😕
They have their own diplomats in India, why would they put their safety in risk by taking this action."
They failed to anticipate the Indian outrage that was expressed - which was building up for some time I guess. India is quite docile normally. They also failed to appreciate the unilateral concessions that their diplomats were enjoying in India so far and took it for granted.
They took the case emotionally rather than thinking about it logically.
Logic - emotion --I think the two can get hopelessly entangled most of the time.
If US had enough proof of guilt then it is in their right to take action irrespective of who is on the receiving end. It is their prerogative and their land and hence their rules.
Similarly it is India's prerogative as it was their citizens who were involved. Indian diplomat, Indian maid, Indian wages, Contract made in India, were in US as Indian govt employees on duty and not as US citizens or tourists on vacation . Hence Indian rules to apply.
Devyani was representing India in foreign land and its sad that this is the image she has left with.
People are themselves responsible for the images they may create. Nothing proved yet.

souro thumbnail
18th Anniversary Thumbnail Rocker Thumbnail + 2
Posted: 11 years ago

Originally posted by: Rehanism


Obviously its India's pejorative what perks it chooses to offer to foreign consuls and I don't care if Americans are given tax-free booze or golf club membership, but why this knee jerk reaction?
Even after pulling Devyani out of the prospect of conviction, she is not acquitted. She still faces an arrest in US as an ordinary citizen. So India with all its overreaction has only managed to evade justice, not get her out as innocent.


First decide on your stance. Are you against withdrawing the perks and privileges or not? Instead of posting vacuous rants against India, it'd be helpful if you put down your thoughts and back them by facts. First you claimed that India mistreated US officials. Now after being asked to point out the mistreatment, you completely avoided answering that question and instead you are just harping about how you don't like the reaction. Okay fine, that's your personal choice. But can you please answer why you don't like the reaction? Where is the unfairness in it?

On one hand you're saying that the privileges given were India's prerogative and on the other you're crying yourself hoarse about India withdrawing those privileges. If you think it's India's prerogative what perks they provide, then it's equally India's prerogative which of those perks they want to withdraw. Similarly, if India is not pleased with the manner Sangeeta Richard's family was evacuated and decided to expel the US official involved in evacuating them to show their displeasure, it's India's prerogative once again. Completely legal and by the book, just as the Americans went by the book. So, why exactly were you accusing India of behaving childishly? I think it's you and US media who are acting childish once the free candies to US diplomats have been stopped (which they were not entitled to begin with and received as a goodwill gesture).

About the second half of your post, although India did ask for apology and asked for charges to be dropped, it's the manner in which the arrest was made which was the cause of contention. In most such cases, diplomats are withdrawn from the concerned country, which doesn't mean they are proved innocent. They might even face trial in their home country.
Edited by souro - 11 years ago
souro thumbnail
18th Anniversary Thumbnail Rocker Thumbnail + 2
Posted: 11 years ago

Originally posted by: K.Universe.

Can I prove what I know? No.


I think you were asking all members to stick to facts and professing your love for truth based on facts and facts only. Did something change?
Bazigar thumbnail
11th Anniversary Thumbnail Voyager Thumbnail
Posted: 11 years ago
Welcome to our fraud and manipulative IFS. May be many adarsh r awating our beureaucrat . Definitely a war hero who fought labour law and visa fraud, it doesnt matter a war widow to acquire adarsh flat after all the next step is a glorified politician afterall minipulation and fraud is foundation for next step.Thanks US to sent back such asset who run away from law. Wellcome back to jingoism
Edited by ramjaane - 11 years ago
373577 thumbnail
Posted: 11 years ago

Originally posted by: ramjaane

Welcome to our fraud and manipulative IFS. May be many adarsh r awating our beureaucrat . Definitely a war hero who fought labour law and visa fraud, it doesnt matter a war widow to acquire adarsh flat after all the next step is a glorified politician afterall minipulation and fraud is foundation for next step.Thanks US to sent back such asset who run away from law. Wellcome back to jingoism

So thats the grouse! 🤪All hopes of Uncle Sam solving the Adarsh flats problem for you were dashed 😆 Will you invite the LET next to solve it for you? 😉
Why not yourself become an adarsh nagrik of Hindustan for a change and elect aadarsh PM to power this time 😆
K.Universe. thumbnail
13th Anniversary Thumbnail Voyager Thumbnail Engager Level 1 Thumbnail
Posted: 11 years ago

Originally posted by: souro


I think you were asking all members to stick to facts and professing your love for truth based on facts and facts only. Did something change?



I didn't want to get into constructing elaborate proofs as it would be too time consuming; but I suppose I could start off with the global integrity report. India's legal framework score is strong but actual implementation score is very weak. So is the overall score when measuring integrity.

https://www.globalintegrity.org/global/report-2011/

If you check the corruptions perceptions index, India ranks 94th amongst 177 surveyed nations.

http://www.transparency.org/country#IND



Bazigar thumbnail
11th Anniversary Thumbnail Voyager Thumbnail
Posted: 11 years ago

Devyani Row: A Counterview


The mass outrage in India about the treatment of Indian diplomat Devyani Khobragade by a New York cop, reinforced by ill-informed media commentaries, is harming its national interests. At issue is Khobragade's payment of low wages to her maid Sangeeta Richard in violation of a US law. To inject a balance of opinion, here are some counter narratives.

One, Indian writers argued that the 39-year-old diplomat enjoys immunity under the Vienna Convention. Recently, 39-year-old French diplomat Pascal Mazurier was stripped, searched and put in jail by Indian police on the allegation of raping his child. Diplomatic immunity cannot be morally blind to underpaid workers or victims of paedophilia. Therefore, US courts have ruled against diplomatic immunity in cases of misuse of labour, arguably an improvement in justice.

Two, columnists accused the US of double standards, contending that if the host country law were to prevail always, CIA agent Raymond Davis would have been executed by Pakistan for killing two people in 2011. However, the host country law did prevail in the Davis case as he was released after paying blood money, as permitted under Pakistan's Islamic law.

Three, one writer asked if the return air fare and free housing traditionally enjoyed by the staff of Indian diplomats shouldn't be counted as wages by the US. The argument is not whether diplomats pay their staff adequately; it concerns an employer's culpability in violating a known US law designed to protect vulnerable workers, a noble cause.

Four, columnists worried that Khobragade was herself paid low and how could she meet salary requirements for her maid, who too is an Indian citizen. India indeed pays low salaries to its diplomats, which must be reviewed. However, as confirmed by India, Khobragade owns 11 properties including one in the infamous Adarsh apartments that make her a millionaire in dollar terms. Ethically, she could have paid her maid more, even though she was receiving a low salary.

Five, the US was accused of suspicious motive in buying air ticket to take Richard's relatives out of India. Actually, Indian justice, too, works in a similar way, as prosecution routinely presents an accused as an approver in flesh trade, terrorism or other cases; it ensures there is a witness. In Richard's case, the US acted to ensure her family is not harassed in India. Witness protection is well established in jurisprudence. One writer wondered how quickly the maid was given a lifelong US visa that is probably meant for destitutes in vulnerable circumstances like trafficking.

Six, India lambasted the US for mistreating Khobragade through strip-and-cavity search. Reports on cavity search are inaccurate, but under the established procedures she was searched by a policewoman. Indian police search individuals on mere suspicion, and pat-down searches at shopping malls and cinemas are common. Both in the US and India, cops are following the procedure laid down for them. Under developed jurisprudence, a person cannot be handcuffed without court order or denied bail if they won't run away or tamper with evidence. See how Indian justice works for Tarun Tejpal, the editor subjected to potency test in violation of law and mistreated before trial.

Seven, Indian-born US prosecutor Preet Bharara was accused of malice towards India. Contrarily, overseas Indians who are brought up on the charm of Bollywood and desi food are arguably more pro-India and nationalist than Indians. Because of this reason, US journalists of Indian origin failed to clarify the complex issues of this case. The US was dismissed as a nation of hypocrites. Some Indian hypocrisies are here: gang rapes of our daughters in Indian cities, billions of dollars of corruption by ministers, political parties taunting people by blocking legislation to prevent criminals from entering parliament, et al. Bharara's record in prosecuting millionaire financial criminals is irrefutably superb.

Eight, questions were asked at what point the US state department knew of the impending arrest and why did it not alert India, an ally, in advance. A reverse question: at what point Indian officials knew that Khobragade was under US legal investigation and why she wasn't spirited out of the US jurisdiction. An answer lies in initiation of lawsuit against the maid in India. In justified revenge, India can take actions under its laws, but removing security barricades from the US embassy is an act of a thoughtless government. There are honourable things to do: asylum to Julian Assange and Edward Snowden, or a red passport to Shahrukh Khan to help him avoid search at US airports.

Nine, the argument is not that India sit silent. It must extricate Khobragade out of the legal trouble. External affairs minister Salman Khurshid demanded that the US withdraw the case against her, but both in India and the US, governments cannot withdraw certain criminal cases; usually, parties opt for an out-of-court settlement"a misnomer in law. But, under immunity available to UN diplomats, Khobragade can leave the US to escape trial.

Ten, there is a simple question of decency and adequacy of response in such cases, whether they be diplomats or others. Americans need to look into their soul, especially how they have turned into a legalistic society where insistence on legal solutions prevents moderation, reconciliation and forgiveness. Indians too, who feel outraged over their hurt national dignity, must look into their soul and see how the dignity of Indian women and politics is outraged everyday.

Recently, an Arab diplomat was allowed to leave India despite a molestation charge. The Italian ambassador was prevented from leaving India recently. India did not protest when the US navy killed an Indian fisherman, off Dubai's shore last year, or its former president was searched at a US airport. Insanity must not take over diplomacy. India's national interests cannot be subordinated to the diplomatic lobby of Delhi. "We the people""the opening words of the Indian constitution"are borrowed from the US constitution, and despite the current slugfest, the two democracies will remain natural allies.

http://www.newindianexpress.com/opinion/Devyani-Row-A-Counterview/2014/01/02/article1977294.ece


Bazigar thumbnail
11th Anniversary Thumbnail Voyager Thumbnail
Posted: 11 years ago
@ TM my two cents on this issue , for your question regarding employee and employer who is wrong on this we can guess the answer when we found each and every act-statement is fraud and manipulation . Where over enthusiasts Bureaucrat- IFS lobby jingoistic media and GOI work to protect her. Simply this bureaucrat is a fraud with every statement is fraudulent whose main job is to maintain better relationship between two countries instead that she created a rift - conflict between the two . When we see on logic then every statement indicate manipulation. Some simple fraudulent statement by her .


Manipulation 1. Cant afford the minimum wage with salary of 5000

The simple logic says a maid serve a whole family not individuals. Expenses count on from family income , in this case where the basic math say family income H+W is 10000 and in this case minimum wage for a full time maid is 15% percent of that . Even in this statement she conveniently manipulate her husband income or total family income, forget about all assets her family have , financial background of her with declared property worth 10 crore and all undeclared assets . Spending 15% of income on a full time employee it is a justifiable expenses or it is as simple as if you cant afford a maid then you cant have one , after all it is not your birth right. When all citizens , NRIs in US manage their household with a normal US standard salary why here is an exception.


Manipulation 2 - goofed up the number 4500

IFS who is well aware of laws regarding visa never can goof up . The fact of matter is the visa requirement for A3 visa indicate the employer have to pay minimum wage or standard prevailing wage which ever is higher. So purposely she mentioned 4500 to acquire A 3 visa for her employee , it is naive to believe her statement that , this number is by mistake whereas it clearly indicate a purpose. When one did fraud then she should expect consequence , if other have the same law then certainly this bureaucrat should have the same standard.

Manipulation 3 - Giving sorry statement that bear food boarding etc.

The condition for visa clearly mentioned the same for a live-in employee. When this condition is applicable to everyone why she expect an exception.

Manipulation 4 - accusing theft etc.

Simply US law enforcement deny to register even a case of theft because of insufficient proof and inconsistent statement. Simply all these are case of intimidation where an employer hold a powerful position where an employee did not hold the chance to fight back.

4. Regarding the allegation :

When she ran away instead face the accusation of exploitation, fraud , if she feel she is not wrong , which certainly hamper the image of India, when every history from involvement in from Adarsh, to get designation- posting etc. against deserving candidate etc. indicate manipulation then certainly there is some substance in employee allegation.

When we think on the perceptive of Devyani certainly she is not doing some charity by having employee from India when she can easily hire a maid in US considering her financial position, the intention to hire a live-in employee from India instead US is simple. She will be live-in employee who will be work/accompany for 24 hour ,She can afford one on very little money . The allegation of exploitation have some substance when we witness large number of such cases where exploitation unskilled workers. which is familiar in India.

When we hear even few CM bring the caste factor to defend devyani ,Certainly the circle is complete where the background caste indicate sweeper , unskilled worker once considered untouchable exploit the same when the same employee becomes employer.

The indictment :

Indian consular officer Devyani Khobragade is charged with visa fraud and making false statements
(Link of complete document of indictment , mentioning exploitation)

http://apps.washingtonpost.com/g/documents/world/us-v-devyani-khobragade-indictment/739/

5. Is it worth it for such IFS lobby , media and GOI to protect a manipulator

May be for many it is worth it based on jingoism, emotion. Here she is accused as a fraud for personal gain not for country , so why we should put the onus on a country . when anyone face the same consequence then why there should be an exception who involve in fraudulent practice instead representing a country.

When we give example for a alleged CIA agent ( at least he work for his country rather than self gain ) who face whatever manipulative law and get acquitted then simultaneously we have case for french diplomat , hope our jingoist media will hear the plight of this innocent diplomat also.

"Recently, 39-year-old French diplomat Pascal Mazurier was stripped, searched and put in jail by Indian police on the allegation of raping his child."

Any day it is worth for a fight to bring back Bhopal gas accused Warren Anderson reason for 20000 death, David Headley , protest against snooping , on various policy decision of US rather than GOI using its resources to protect an accused fraud bureaucrat. Instead utilising all its resources to protect a fraud anyday it is better for GOI to raise these issue. Certainly the present political establishment in GOI is more concern for its image , next election to wash its weak image rather than standing for law utilise all resources to protect an alleged fraud . May be get away from law with fraud is normal for bureaucrats in India , so there is no surprise. Those who are saying she will face law in India rather than US , as per clear cut position of GOI , media , IFS lobby that- when she did not committed any crime then where is the question of facing any law? the question is out of question. Its great that GOI solved her problem of maid to bring back her to India.
Edited by ramjaane - 11 years ago
Antlers thumbnail
17th Anniversary Thumbnail Sparkler Thumbnail Engager Level 1 Thumbnail
Posted: 11 years ago

Originally posted by: krystal_watz



Look in your own backyard? Remember the Raymond Davis case and how yo mighty U Ass pressurized Pakistan to free a MURDERER? Mericans should be the last ones talking, ya know?


Our backyard is already full of trouble, don't need this small little thing be made to such a big fuss about it, ya know?


MURICA! 😃

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