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Exploitation of employee or blackmail of employer? (Khobragade case) - Page 7

souro thumbnail
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Posted: 10 years ago
This content was originally posted by: K.Universe.



Given your proclivity to arresting folks on false accusations you should be the last person in the world to talk about rights. So, now, some of you are trying to take recourse in Indian Penal Code 377 to get back at US?! Do you realize that you are tacitly approving that joke of a law riddled with semantic loopholes or you decided to say whatever comes to your mind to "win" an argument?



Stick to the debate. Don't teach me what I should talk about.

And once again, stick to the debate. Let the Indian Parliament decide which law is a joke.

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souro thumbnail
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Posted: 10 years ago
This content was originally posted by: return_to_hades


In terms of ordinary bilateral agreements and privileges - if USA does not offer Indian diplomats certain privileges, it is completely fair for India to revoke them.

USA did not target "Indians". The violator of US law happened to be Indian. India has every right to implement its laws for all foreign nationals. My contention is that they must do so universally without discrimination.

USA did not suspend diplomatic immunity. The US Marshall believed that diplomatic immunity didn't apply to this crime. The two parties are disagreeing on the expectations of Vienna convention. If it is proven USA violated the treatise, then USA owes apology to India and the diplomat. It also should take severe action against the officials in charge with Indian input on what acceptable reparations are.



Who said that US targeted Indians? Has anyone said that US arrested her because she is Indian? As far as I know, no one said that.

India did not suspend diplomatic immunity either. Diplomatic immunity for consulate officials is revoked just as diplomatic immunity doesn't exist for Indian consulate officials in US.

K.Universe. thumbnail
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Posted: 10 years ago
This content was originally posted by: souro


Stick to the debate. Don't teach me what I should talk about.

And once again, stick to the debate. Let the Indian Parliament decide which law is a joke.



I am. And I will.

It's important to know where members are coming from, and where they stand on certain issues, so one can take a decision as to engage in further debates or not.
return_to_hades thumbnail
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Posted: 10 years ago
This content was originally posted by: souro


Who said that US targeted Indians? Has anyone said that US arrested her because she is Indian? As far as I know, no one said that.

India did not suspend diplomatic immunity either. Diplomatic immunity for consulate officials is revoked just as diplomatic immunity doesn't exist for Indian consulate officials in US.



If USA didn't target an Indian, then why are you suggesting India retaliate against US diplomats only. My suggestion is to apply Indian laws and Vienna convention laws universally and fairly.

For revoking consular immunity, I think India disagrees with US interpretation of Vienna Convention so fair enough that they reciprocate that with only USA.
return_to_hades thumbnail
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Posted: 10 years ago
A good opinion piece on why Americans are absolutely baffled over India backing Devyani Khobragade and why Indians are baffled over USA making wage fraud such a big issue

http://www.washingtonpost.com/blogs/post-partisan/wp/2013/12/18/why-india-is-upset-about-devyani-khobragade-and-why-its-wrong/
_Angie_ thumbnail
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Posted: 10 years ago
This content was originally posted by: K.Universe.



Neither.

What dragged me to this issue is my affinity for facts, hatred for injustice and contempt for illegal activities.

 
Fair enough as far as affinity for facts are concerned. Injustice is subjective. What is legal is not always perceived as justice done. What is legal in one place may be illegal in another.
_Angie_ thumbnail
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Posted: 10 years ago
This was informative. There seems to have been a fair degree of opposition too that law. 5 to 4 isnt impressive. Approved or allowed doesnt mean mandated.
I dont understand what the strip searchers were hoping to find while they nabbed the lady while she was dropping her kids to school.  Were they expecting her to be carrying firearms on her person  or was she a suspected drug peddlar that they had to search her for any hidden contraband !
 
You guessed right. The Indians were incensed by the strip search carried out on an official representative of  their country and a woman at that. It  didnt go down well at all. The opposition wasnt as much when the former president Abdul Kalam or defense minister George Fernandes were strip searched at the airport. Security concerns by US were understandable. But why the  strip search in this case! As RTH pointed out it may have been a standard procedure in the US but it is not so in India and hence the outrage. Not sure if the news about it reaching Delhi the day candle light marches were being held  to commemorate a year of the  brutal Nirbhaya rape case  (16th Dec) added to the reaction..
K.Universe. thumbnail
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Posted: 10 years ago
Thanks for reading the link and making an informed decision Angie.

I agree that the strip search was excessive and shouldn't have been conducted.
_Angie_ thumbnail
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Posted: 10 years ago
This content was originally posted by: return_to_hades

A good opinion piece on why Americans are absolutely baffled over India backing Devyani Khobragade and why Indians are baffled over USA making wage fraud such a big issue

http://www.washingtonpost.com/blogs/post-partisan/wp/2013/12/18/why-india-is-upset-about-devyani-khobragade-and-why-its-wrong/

That piece brings out some of the issues quite well. 
Contrary to author's personal expression the maid's pay isnt seen as low wages by most Indians. As per US rules and overtime it was calculated as around Rs 2.7 lakhs/month which is way higher vthan the topmost govt pay! It is being considered as an absurd amount.
 
According to the latest 6th pay commission scales the govt official would be drawing a pay of around Rs. 50 to 60 K/m while posted in India. Depending on her seniority she would be entitled to some allowances (around 5 to 6k $/month)  during her stint abroad plus furnished accomodation. If we take the allowances and perks of the diplomat into account we should do the same while calculating the maid's wages. There is no reason to think that  Ms. Khobragade mistreated her maid in anyway other than the low wages that too as per US stds and not the Indian stds.
 
Working beyond 40 hrs per week  isnt considered as excessive as most top ranking officers are themselves routinely doing that in India.
 
This looks more a case of difference in perceptions of the two countries.
Edited by _Angie_ - 10 years ago
souro thumbnail
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Posted: 10 years ago
This content was originally posted by: return_to_hades

A good opinion piece on why Americans are absolutely baffled over India backing Devyani Khobragade and why Indians are baffled over USA making wage fraud such a big issue

http://www.washingtonpost.com/blogs/post-partisan/wp/2013/12/18/why-india-is-upset-about-devyani-khobragade-and-why-its-wrong/



Most ridiculous, lop sided article if I ever read one. The article is written more to cater to Western notions than actual facts. And the author is an Indian, why oh why doesn't it surprise me.

The author thinks India took offence because it's a female diplomat and that it has to do with Indian's views about chastity. That India took the stance because in India we are not used to seeing high ranking officials being arrested over salary issues of their maids.
Well, no. It's because it's an Indian diplomat who was arrested. Handcuffed in public, strip searched, cavity searched, we believe these shouldn't have happened with a diplomat.
It's because the salary issue of the maid is indeed narrow mindedness on the part of the US. The maid was being paid much higher than Indian stardards along with being given other free facilities which Indian maids in India doesn't get. It's just that the wages were not as high as US standards.