Devyani Khobragade Episode
Friday, 20 December 2013
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Through its international
invasions in various forms, including cyber warfare and mass surveillance,
drone attacks and regime change, the Unites States of America (USA) has set a
bad precedent for the world even as it avers support for strengthening
international rules and institutions. Ironically, superpowers that clamour for
fair and rule-based order for international peace and security have themselves
been caught on several occasions using international law against others and
even re-interpreting multilateral rules to further their political and economic
interests. The arrest, strip-search, cavity-search and handcuffing of a New
York based Indian woman diplomat, Ms Devyani Khobragade on December 12, 2013
for allegedly underpaying a domestic help she had brought with her from India
and fudging her visa forms, epitomise the unilateralist approach of USA to
international relations.
Ms Khobragade, even under her
limited consular immunity, was entitled to be treated with dignity.
Unfortunately, the inhuman and barbaric treatment meted out to her is not only
discriminatory against India’s citizens settled abroad but also calls for a
rethinking of India’s policy of turning the other cheek instead of taking
decisive action. Perhaps the indifference shown by the Indian government in
similar incidents in the past involving eminent citizens like Mr. George
Fernandes, former President APJ Abdul Kalam, Ambassador Meera Shankar and
celebrities like Shah Rukh khan and Amir Khan has resulted in hostilities and
indignities being showered upon Indians abroad. Our lackadaisical approach
towards such humiliations and our failure to take a strict stand in retaliation
has made our bureaucrats vulnerable to detention on false pretexts and made the
‘soft’ foreign policy of India a subject of ridicule. Even after several
accounts of humiliation, we boast of our ‘high status’ and ‘self-importance’ in
the world which is nothing but a mirage. However harsh it may be but the
reality is that the western nations look to India for only the best of what we
have to offer in terms of technical and intellectual expertise in various
fields and unrestricted markets for their products.
Ms Khobragade enjoyed only
limited immunity under the 1963 Vienna Convention on Consular Relations. But
this convention guarantees freedom from detention until trial and conviction
except for ‘grave offences’. The offence in the case in point was a wage
dispute between a diplomat and her domestic help! This prejudice in
interpretation of the convention has reiterated the fact that rule makers are
seldom rule takers.
The need of the hour is to take
strict diplomatic action against the perpetrators of this humiliation. Let the
superpowers realise that they cannot circumvent the international law to their
advantage. Instead of giving a political colour to this episode, the Indian
lawmakers should take steps to strengthen India’s foreign policies and
practices that are practical and not based on some imagined or exaggerated
sense of self-importance. At the same time, it must be ensured that the ties
between India and the rest of the world are not severed.
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