Purpose of diplomatic immunity is to facilitate's diplomat's work to be carried in a fair manner. It is not meant to act as a cover up to bring workers from India to be paid below minimum wages, show one contract to US consulate to get the visa and change it to another just before boarding the flight, etc.
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RajCanada,
You are wrong.
If the Vice cousul is being paid around Rs 1 lakh a month + benefits by the Indian govt., then how can the person pay Rs 1 lakh as salary to the maid. The maid was given $ 2500/ month worth of fully furnished flat (one bed) by the Govt. of India.
I beleive that this is a problem that should be on the Govt. of India. How are the maids of other counsuls paid esp. in costlier countries such as in Europe etc...
This has to be investigated by the Govt. of India.
The counsul personally is not responsible.
Peace by Murali
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I am a Gents and not a Ladies.
TK, if you start assigning market rate in New York of food and accommodation provided to maid to work and pay the salary in Indian rupees below the minimum wage in US, maid can be asked to work for free. Anyway US does not allow deductions for rent for domestic help on A3 visas. See http://zeenews.india.com/news/nation/devyani-case-maid-s-salary-doesn-t-include-cash-meals-housing-says-us-law_898198.html
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Quote:
Originally posted by rajcanada
Purpose of diplomatic immunity is to facilitate's diplomat's work to be carried in a fair manner. It is not meant to act as a cover up to bring workers from India to be paid below minimum wages, show one contract to US consulate to get the visa and change it to another just before boarding the flight, etc.
Quote:
Devyani Khobragade was a deputy consul officer and not a diplomat. She did not enjoy any diplomatic immunity. There is another set of immunity that is known as Consular Immunity, and in this instance she did not enjoy even that because per Vienna protocol, that immunity is only in relationship to their official duties. Hiring a maid, obtaining a special visa for her to enter into thr US and paying her wages has nothing to do with official duties, also having known about the previous court cases that the CONSUL had gone through, while she was there employed, trying to enter into a similar Legal situation was unwarranted. Please read the article in the link below.
<http://in.news.yahoo.com/how-indian-envoys-to-the-us-can-fall-victim-to-maids-054010858.html> ..
Quote:
Originally posted by puttoo
Quote:
Originally posted by rajcanada
Purpose of diplomatic immunity is to facilitate's diplomat's work to be carried in a fair manner. It is not meant to act as a cover up to bring workers from India to be paid below minimum wages, show one contract to US consulate to get the visa and change it to another just before boarding the flight, etc.
Actually diplomatic immunity covers against all crimes period. That is the law. However Devyani is not part of the diplomatic mission in US. She is part of the Indian consulate which does not provide immunity the way a diplomatic mission does.
However this episode has shown that US has double standards. They want their personals - both diplomatic and counselor to be treated as above law while as they do not offer the same to diplomats from other countries.
The actions from US were not fully thought of and is shows their arrogance. To be honest they did not expect such a response from India.
It will be interesting to see who blinks first !!!
Query is that if USA had suddenly woken up to do justice to the servant maids community employed by the embassy diplomats and their consulate staff, they should have had a big swipe at all such employers.
Or if they really considered that Devyani was violating some law they could have told her bosses to send her back. The US consulate cupboards in all outside countries contain nothing but skeletons. In similar situations, they had managed to extradite even their ordinary citizens, under some pretext or other, leave alone their embassy people, when they had shot and murdered or killed people in traffic hit and run cases. It is sheer hypocrisy to suddenly start preaching to diplomats and consulate staff. Even if they are so called "consulate staff" haven't they come from their own country on a temporary basis only to do their embassy work. Clear case of Satan quoting the scriptures, but don't know why people are afraid to say so.
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