US must apologise for Khobragade blunder
Any perception that the US was governed by a commitment to the fair application of its laws when it cracked down on Indian diplomat Devyani Khobragade for allegedly violating labour and immigration rules, should now stand eliminated. Given how the case has unravelled over the past few days, it has become amply clear that it is more than just a dispute over minimum wages and diplomatic immunity. The most striking development is that the immediate family of Ms Khobragade's maid, whose allegations had triggered the unfortunate events, has moved to the US. Ms Sangeeta Richard's husband Phillip and their two children landed in the US days after a Delhi court issued a non-bailable arrest warrant against Ms Richard — which was forwarded to the State Department and the US Embassy in New Delhi — and two days before Ms Khobragade's arrest. Yet, US authorities had known since July that Ms Richard had skipped the terms of her visa and is absconding. Charges of extortion and theft are also pending against her in a Delhi court which prohibited her from filing charges against her employer in the US in violation of her employment contract. So, even though Ms Richard stands accused of violating both Indian and US laws, her family has been welcomed in America. This shows that while the US insists on other nations abiding by its laws, it does not hold itself to the same standards.
Moreover, the statement issued by the prosecuting officer, Manhattan US Attorney Preet Bharara, on Wednesday, shows that his office appears to have already made up its mind that Ms Richard is the victim. In doing so, the authorities have effectively trashed the facts put forth by the Indian Embassy in Washington, DC, regarding the maid’s absconding status, her alleged theft and her attempt to blackmail her employer. Additionally, the US authorities also pointedly and repeatedly ignored the Indian Embassy's pleas to track down the elusive Ms Richard.
Finally, the fact that the Richard family has been issued a T-visa — given to human-trafficking victims and their families — further strengthens the argument that US authorities have taken a definitively anti-India line. In this context, Mr Bharara's statement is particularly illuminating. It justifies the “evacuation” of the Richard family to the US by stating that “legal process was started in India against the victim, attempting to silence her...” and adds, “This Office and the Justice Department are compelled to make sure that victims, witnesses and their families are safe and secure while cases are pending.” While there is not a shred of evidence to show that Ms Richard's family in India was harassed, the allegation that India sought to “silence” her must be strongly refuted. It is a direct affront to the Indian judicial system.
The Ministry of External Affairs has promptly responded to US high-handedness through retaliatory diplomatic measures. Effective closure in the case will come only if the US issues a clear apology — not the half-hearted regret that Secretary of State John Kerry has given — and drops the charges it has levelled against Ms Khobragade. If this doesn’t happen, New Delhi must initiate stronger steps to send across the message.