Exploitation of employee or blackmail of employer? (Khobragade case) - Page 40

Originally posted by: charminggenie

@ Angie - Agree with all you said.

Her spouse and kids seem to have American passports which go against the policy that states Indian diplomats spouses and children must be Indian citizens. The husband hasn't stayed in India enough to apply for citizenship. It has miffed the MEA too.

Originally posted by: -victoRiya-

When India 'arranges' such things, it becomes necessary to abhor and mock while when U.S. does the same for its own diplomats/workers abroad, it becomes fair trial and Lord's justice, mind you even in cases of cold blooded murder😆

On case- even if she did not have immunity, its not 'just' under any law to pay more than/equivalent to she earns to her maid. If the USA's laws get transgressed by it, they better amend them or else Indian govt. needs to amend its payment policy for diplomats.In any case, given her nature of employment and residence, negotiation between the two countries was the right way to go about it.

Handcuffing and cavity searching was in no way required. In fact it is not resorted to anywhere in the world except cases where the suspect is likely to cause further offence or try to escape police custody. Where were both these prospects likely?

Originally posted by: -victoRiya-

When India 'arranges' such things, it becomes necessary to abhor and mock while when U.S. does the same for its own diplomats/workers abroad, it becomes fair trial and Lord's justice, mind you even in cases of cold blooded murder 😆

Originally posted by: -victoRiya-

Yes, it is wrong for all countries, not only of India, so singling it out to mock will not be palatable.

Originally posted by: -victoRiya-

It is Devyani's status as a representative of another country indicted for a not so serious crime is the contention all about. Other than that what US does inside its own territory is its own business.

She didn't have immunity. Her immunity was retrogade. At the time of arrest her status was equivalent to any other criminal.

Originally posted by: return_to_hades

It is not necessary. But in USA it is due process. Mister. K posted an article earlier that explained when USA conducts body cavity search.

As a US citizen I myself do feel that our laws often reach too far. I don't think there should be such searches unless drug trafficking or money laundering is involved. But it is due process and she was treated equitably. People with far lesser crimes and far higher statures have received the same treatment.

I myself don't agree with the strip search and cavity search laws. Too many ordinary people get humiliated for minor crimes on a regular basis. I won't defend the law. My point is that the searches were not intended to single out Devyani or Indians. Lifelong citizens including veterans without a scratch to their name, don't get exceptions when charged. I'd be damned if a foreign criminal gets privileges. Don't expect privileges and exceptions.

You are making a slippery slope argument against the strip searches. It isn't reasonable. That aside, there are citizens group in USA lobbying for reform in some laws.

We are also dealing with two cultures here. Most Americans disagree with strip search laws, but don't perceive it as a great honor or loss of dignity. However, paying below minimum wage and having an arrangement akin to bonded labor is viewed as a much bigger crime against the dignity of a human. American's perceive it that while Devyani enjoyed the perks of a high ranking job her maid didn't have basic human freedom to do as she wished. One doesn't need to be chained and whipped to be enslaved. India is a country where cheap labor is the norm. it is not unusual for poor people to slog for peanuts. For many having a job is considered a privilege. We are also a country with a big emphasis on modesty and sanctity of the body. To endure a strip search, especially for a woman is a grave violation against dignity. Hence, the two cultures are clashing and confused why the other doesn't recognize what they are upset about.

In the end this is a he said she said.

There is no proof beyond reasonable doubt that Devyani abused Sangeeta Richards.

There is no proof beyond reasonable doubt that Devyani treated Sangeeta Richards fairly.

There is proof beyond reasonable doubt that Devyani grossly underpaid Sangeeta Richards and lied about it.

US perspective sees that as a grave crime.

Indian perspective sees that as not such a big deal.

They are employees of the Indian government and do not come under US laws. In fact, the US law to cover minimum wages, and the 2011 addition to the law that wages do not include accommodation, medicare etc are bad laws and should be struck off the statute books of the US.

The law stands in stark contrast to the American workers who get covered by minimum wages, but have to pay for their food, medicare, accommodation and transport form their salary. There is a clear inequality in law. There is another issue, however. If Ms. Khobragde committed visa fraud knowingly she will have to face the consequences. This aspect needs to examined closely.''

http://www.southasiaanalysis.org/node/1428

I think their analysis is incorrect. The department of labor laws apply to anyone working in the United States including illegal immigrants. The only exceptions are tipped, commissioned and others specifically listed.

It isn't just with India, cost of living adjustments for foreign labor is an issue being debated across the world. This was a high profile case between India and USA, otherwise every year there are hundreds of cases in USA, UK, Australia etc. where diplomats or foreign businesses have been charged with minimum wage violations. The laws have to exist. Without such minimum wage protections, it becomes easy to exploit laborers from low income nations.

That being said the minimum wage dispute is a distinct and separate case. Devyani's specific crime was fraud. She lied and misrepresented on the visa paperwork. Even if she was not bound by minimum wage, it doesn't absolve her of falsifying wage information her maids visa application.

USA may have not handled the situation correctly. I understand the accusations of poor diplomacy, unfairly stringent laws. However, none of the accusations against USA change the fact that Devyani committed a crime. I don't think Devyani should be defended as innocent. Of all people a diplomat should know better than to falsify facts on a visa application.