If there is actually an employment contract for visa purpose at a particular wage and there is another contract for actual wages, then an offence has been committed and the U. S. would be right I taking legal action. However, the dignity of the diplomat must have been respected. The cavity and personal searches stripping the person is unpardonable.
Why govt did not abject when presedent mr Abdul kalam mis treate3d. this lady who have flat in javan house ADSAR sociuety in mumbai they are trying hard to save her its pathitic.
and an American counterpart were withdrawn from their respective assignments.
The Indian diplomat had big dreams of migrating to the US for good and settling down there and so - though she and her father will never admit this in public - is devastated at being thrown out of the US and told never to come back.
On the other hand, the American diplomat who gets thrown out of India in retaliation would be labouring hard to hold his laughter and would be merrily hopping to the next country on assignment! He could spend the rest of his career using this episode as a joke to regale his friends and relatives!
IFS have always resented that they never get a chance to come on Indian news papers unlike their IAS colleagues. The only time we hear their names is when China occupies Indian territory or Sri Lankan navy picks up Indian fishermen. While many retired IAS men have found a profession in politics, no party has much interest in retired IFS men.
This incident has given them an opportunity to show they also exist in this world and also write some news paper articles and give some TV interviews.
But none of these acts has influenced the independent Indian minds. They have understood that there was indeed violation of US rules. Then the only thing that is left is whether she enjoys full immunity from arrests which India feels she does whereas US feels she doesn't. That’s all.
There is no need to make it an issue of India's self respect.
And the gimmicks of this father-daughter duo like she going to Ambedkar Samadhi and clicking phots etc are disgusting to say the least.
Re: IFS resentment
by Ramesh on Jan 16, 2014 06:07 AM
Sree Kumar,
This is not an issue of self respect, it is a matter of law and legal jurisdiction. If this matter is not settled, economic relationship will be constrained, and strategic relationship built assiduously by MMS over last 10 years wither away.
Leftists have called such legal stance as neo-imperilism. Late Jyoti Basu, who was a barrister from England, and other Communist and Congress stalwarts had preserved Indian law from such non-compliance by keeping safe distance.
The policy of engagement after 1991 and more so in UPA-1 by MMS team has brought gain and guarded against risks. This legal stance of US may stall further progress, could even undo past progress.
There are 14 other diplomats per TOI in the same predicament and can be held criminally guilty per US law. The informal understanding by which these visas were cleared have been now deliberately overlooked in the sense that Courts can not take cognizance of those.
The original maid dissatisfaction may be genuine, but its deployment for legal brinkmanship by the State department has some other rationale given that other options to settle the matter amicably were available.
Hopefully you will read details and fathom the real matter.
Re: Re: IFS resentment
by Ramesh on Jan 16, 2014 06:49 AM
The incident has served as a gambit in the big chessboard. It has led to considerable improvement in Indian diplomatic stance. Firm ground has been created for genuine reciprocal relationship.
Think Indian articulation of the matter has been atleast as good as US interlocutors. US diplomats are likely to quietly relent to Constitutional congruity and Indians it seems are prepared to accept it gracefully sans ill will. At a later date perhaps the current impasse may also achieve dissolution in a back burner mode.
Re: Devyani episode
by Ramesh on Jan 16, 2014 06:36 AM
One of the previous occupant of the consular post in US was, per an article by Mr. Shekhar Gupta in Indian Express was a RAW agent. This does not imply all such officers are serve Indian defence, but does not rule out either.
The point anyway is irrelevant, the real matter is sanctity of Indian Constitution, and sound legal basis for Indo-US relationship which engenders goodwill.
The only possible end to the Devyani imbroglio has now come --------------
It is inconceivable that India will taking this episode lying down, as the closure at this stage will imply. What is the use of strategic relationship if social and legal equality between the two nations founded firmly on law is not established?
India I think will never accept to become a bigger version of Pakistan and tow the US line. Indian non-alignment and freedom movement ethos militates against it. India, and this includes OCI Indians, I believe seeks to establish friendship based on a tenor which is antithetical to the tone which is reflected by the episode.
US strategists consider Pakistan as an ally but not a friend. India is unlikely to settle for such a subservient role.
Unless the US administration makes amends and delivers genuine justice, severe long term repercussions are likely to Indo-US relationship. If Indian establishment opts to toe the US line of closure with the present status quo, it is unlikely that establishment is likely to be replaced with a new set of players who really care for what the idea of India.
Re: the fall outs are still emerging and US has to deliver justic
by Ramesh on Jan 14, 2014 03:21 AM
If Indian establishment opts to toe the US line of closure with the present status quo, it is likely that establishment is likely to be replaced with a new set of players ------------------------
This issue has nothing to do with the person but is primarily role related. Those who indulge in bringing extraneous person related aspects to bear on the issue are not really looking at the matter in terms of law.
The matter here is not US law on a stand alone basis, but how US law and Indian law interphase with each other. On such matters there can only be just resolution, there is no scope for deal or compromise.
A deal or compromise approach only kicks the can downstream and implicitly accepts a power equation, not a legal paradigm.
Re: Re: Re: the fall outs are still emerging and US has to delive
by Ramesh on Jan 14, 2014 06:44 AM
Proponents who believe in power equation override like Kissingerian world-view, prioritize the Judeo-Xian civilization paradigm. They need to consider that Indo-Russian strategic equations remain strong, and Bharat-Nippon cultural affiliations is likely to emerge strong. This along with deep rooted Indo-Iranian civilizational linkages, could firm up to be a formidable combine, which would surely steady its relationship with Sino-Pak axis, thereby making room for one on one Sino-US relationship, either friendly or adversial. The calibration of this equation will gradually shift to the stronger economy.
Only a paradigm premised on law makes sense, and can be the lasting basis for friendly, productive and safeguarding relationship between India and USA.
Re: Re: Re: Re: the fall outs are still emerging and US has to de
by Ramesh on Jan 14, 2014 08:06 AM
A lawful relation with a democracy three times the size is not a come down for a Super power. As Hillary Kissinger had memorably said when on visit to India as Sec of State, the two nations together are almost quarter of the world.
A sound legal interface between the two nation can open up huge opportunities and unfold tremendous creative potentials on a very very long term basis.
Let it be not be forgotten that India is the first free nation to emulate US Constitution.
Re: Re: Re: Re: Re: the fall outs are still emerging and US has t
by Ramesh on Jan 14, 2014 08:08 AM
As Hillary Clinton, unlike the real-politician Kissinger; had memorably said when on visit to India as Sec of State, the two nations together are almost quarter of the world.
Re: Re: Re: Re: Re: the fall outs are still emerging and US has t
by Ramesh on Jan 14, 2014 08:39 AM
India is on far stronger wicket than has been comprehended by State power players. It had long warded off Sino-Pak-US axis created by Kissinger. The loss of Indian trust will redefine US, create grave internal distrust in universities, corporates, and even in financial markets.
The power players will be stripped off the legitimacy of law even in the eyes of their own citizens, let alone Indians and rest of the developing world. EU nations are unlikely to stand in line with US.
The cold war deadwood in the establishment have to either mend their ways of be rendered inconsequential, to cope with the emerging threats by embracing new opportunities, not militate against per a degraded paradigm.
Re: Re: Re: Re: Re: the fall outs are still emerging and US has t
by Ramesh on Jan 15, 2014 04:22 PM
State department has erred by interpreting law from a unilateral context in this case. Deploying the US version of SITA act and holding the diplomat contemptuous of law are double whammy with serious collateral consequences.
President Obama, it has been reported in TOI personally reviewed the case. This has parallel to the legal stance assumed in Pakistan drone attacks.
If India and Pakistan continue to be inimical to each other, the whole subcontinent loses bot in legal and strategic terms.
Re: Re: Re: Re: Re: the fall outs are still emerging and US has t
by Ramesh on Jan 15, 2014 04:25 PM
US has one neat option, accept the premise of congruity in dealing with Indian legal state, else the impasse is likely to continue indefinitely.
Re: Re: Re: Re: Re: the fall outs are still emerging and US has t
by Ramesh on Jan 15, 2014 09:16 AM
It seems lot of follow up work is being done in US to put the house in order. The Chief of AFL-CIO, a very large and powerful federation of worker Unions made a supportive statement.
Given this kind of extensive groundwork done in US, the legal angle carries more weight than the conspiracy theory elucidated by me. The conspiracy fall outs would have been quite different.
Let us accept it that this woman is possibly the biggest farce that this country produced . First let us accept the fact that her husband and her children ar American Citizens . She is misusing the the Government to to fight for her cause ..which must be settled if she wants to return to the USA- the motherland of her husband and her children ! Rightly or wrongly she was accused of a crime in the USA Since she has gotten out of the USA and there are more than 140 countries that she can work in why does she expect this country to take on the USA and solve this problem ..!! Why does she not ask he husband and her children give up their citizen and come back to India ! The "Yankee go away and take me with you" syndrome msut not be tolerated
