24 December 2013, 11:53 AM IST
Devyani Khobragade's arrest and the concomitant humiliation have put some uncomfortable realities about India into stark focus. The resultant diplomatic embarrassment that India has had to face, demands that we take a hard look at these developments.
As the Deputy Consul General of the Indian Diplomatic Mission in New York, we must remember that Devyani was not sent to the United States as an ordinary tourist or student, but as the official flag-bearer of the Union of India – the world's largest democracy and an aspiring super-power. Consequently, this would mean that any insult or mistreatment of Devyani may correctly be interpreted as a severe insult to India's reputation and pride among the comity of nations.
The fact that the United States government chose to disregard her diplomatic status and instead subjected her to the brutal might of their criminal justice system like a commoner, says more about how India is now being perceived by the West than it does about the individual merits of Devyani's alleged crimes.
For the purpose of this discussion, let us for a moment set aside our personal opinion of Devyani Khobragade and all that we have heard about her in news. This includes not only the criminal charges framed against her by the US Attorney Preet Bharara in the visa fraud case, but also reports of her being an illegal beneficiary in the Adarsh scam.
Bear with me for a moment.
In the eyes of international law, Devyani Khobragade is not an ordinary citizen of New York, as opposed to what Preet Bharara has been screaming to the press. On the contrary she is an island of Indian law unto herself, bound by the laws and dictates of the Indian Constitution – and certainly answerable for any misdemeanors, but only within the confines of India's jurisdiction. Her personal indiscretions are India's problem and our legal system is capable of dealing with those allegations. This 'protection' or 'diplomatic immunity' is a privilege granted to all signatories of the Vienna Convention. The relevant provision states in black and white that consular officers, such as Devyani, shall not be liable to arrest or detention pending trial, except in cases of grave crime and pursuant to a decision by the component legal authority. Devyani's only grave crime appears to be her Indian citizenship. The protections under law extend even further – "consular officers shall not be committed to prison, or be liable to any form of restriction on their personal freedom, save in execution of a judicial decision of final effect."
It does not take a legal scholar to understand the intent and effect of these provisions of law. What is bewildering, however, is why Preet Bharara chose to act like a vigilante cowboy instead of deferring to the better sense of his colleagues in the US State Department.
There are two possible answers to this question. Firstly, Devyani's horrible treatment has laid bare one of India's deepest and darkest fears; an uncomfortable truth that was until now only being spoken in whispers, in the corridors of South Block - India's Foreign Ministry. Western superpowers like the United States and Europe no longer take India as seriously as they did a decade ago. In fact, the perception of rampant lawlessness in India made it easier, and almost justifiable, for Bharara to act as brazenly as he did against Devyani. The sad truth is that India is now viewed abroad as a third-rate banana republic, with a hyper-corrupt and dysfunctional government. We received startling corroboration of this unfortunate fact when Indian cabinet ministers went ballistic in the news press; a lot of hot air was pumped out for public consumption to preemptively dispel any talk of India's weakened status abroad. Instead of speaking in one firm voice, the Indian government delivered a belated and confused response to the crisis. It was comical to hear one senior cabinet minister exhort to the press, "We are not a banana republic!" This was followed by the mindless act of removing security barricades outside the US embassy in New Delhi. Obviously the irony of his statement was lost on the minister. Therefore, it is evident that proportionality of response is clearly not this government's forte.
Secondly, and equally disturbing, is Preet Bharara's role in this entire episode. The legal circles in New York are abuzz with rumours of Bharara's unbridled political ambitions. Apparently, he seeks a larger leadership role for himself post his stint as US Attorney. Devyani Khobragade may well have been the ideal sacrificial lamb for him to assuage any doubts about his loyalty to the American flag. His hypocrisy in dealing with Devyani's case becomes evident when contrasted with the treatment meted out to middling Russian diplomats in New York, who were accused of defrauding the US federal government over medical bills. The New York Times went so far as to call this an "audacious swindle." Yet, the ever calculating Mr. Bharara chose not to handcuff and parade the Russians as prized offenders. Publicly arresting and humiliating a fellow desi brought with it immense and instant political gains. Only time will tell, if Bharara uses this incident for bolstering his claim for public office.
Devyani Khobragade's case should serve as a grim reminder to all patriotic Indians that India's domestic misdeeds have repercussions that extend far beyond its physical boundaries. The lesson to be learnt from this fiasco is that integrity must come from the top – not belatedly, and certainly not insincerely.
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