3/16/14

An opportunity to mend ties - The Hindu

Opinion Editorial
Published: March 15, 2014 00:39 IST | Updated: March 15, 2014 00:39 IST

An opportunity to mend ties

The dismissal of visa fraud charges against Indias former Deputy Consul-General in New York, Devyani Khobragade,
does not mean she has been fully absolved of wrongdoing, but it does provide an opportunity for India and the United
States to pursue the path of normalisation in their bilateral relations. The New York District Court did not go into the
merits of the charges against her, but decided the matter on the technical ground that she enjoyed diplomatic
immunity after she was accredited to Indias Permanent Mission to the United Nations. This immunity was acquired
during the pendency of criminal proceedings for allegedly giving false information to procure a visa for her
housekeeper and it was a status that India cloaked her with to avoid a felony trial. Indias refusal to waive her
immunity led to the host country asking her to leave. A fresh indictment, however, is still possible. This means Ms.
Khobragade will never be able to return to the U.S., unless she is prepared to face fresh prosecution. Indias guarded
reaction welcoming the outcome but noting that the verdict is silent on the merits of the case as well as the legality
of her unseemly arrest and intrusive body search indicates that it expects a little more from the United States. By
saying the government hopes to see further progress in this matter in a manner consistent with international norms
and conventions, India is seeking a permanent closure of the case. A remark by a State Department spokesman that
the U.S. administration is surprised by the court ruling is intriguing, as it knew all along that diplomatic immunity
created a jurisdictional bar on her prosecution.
The road ahead for both the countries lies in putting behind the frostiness created by the episode and restoring their
high-level engagement. Both countries understand the need to restore trust and moderation in bilateral relations. The
dismissal of her indictment paves the way for this, but there are issues that remain to be addressed. India has to
strengthen the principle of reciprocity in dealings with other nations. It needs to devise a code of conduct under which
its officials posted abroad will not violate domestic laws. It needs a policy on consular and diplomatic officials
engaging domestic workers so that there is no room for suspicion of human trafficking. On a wider canvas, the
country needs legislation to protect domestic workers from under-payment and exploitation. The U.S., on the other
hand, will have to introspect on its overall approach: its failure to anticipate the fallout of the arrest, the manner of
the arrest and its controversial decision to evacuate the family of the maid at the centre of the storm in an obviously
pre-emptive move.
Keywords: Devyani Khobragade, visa fraud case, U.S. laws, Indo-U.S. relations, New York district court, diplomatic
immunity, diplomat arrest row

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