Devyani Khobragade case: Issues relating to violation of immigration laws cannot be brushed aside

Ishani Duttagupta, ET, 22 Dec, 2013 : Amidst the collective surge of outrage back home and a huge Indo-US diplomatic fracas over the shoddy treatment meted out to India's deputy counsel general in New York Devyani Khobragade — who has now been shifted to the United Nations Permanent Mission — some very serious labour and immigration issues seem to have been swept under the carpet. The charges that Khobragade faces, as summed up by Preet Bharara, US attorney for the southern district of New York in a press statement on Thursday, are that she tried to evade US law designed to protect domestic employees of diplomats and consular officers from exploitation. "Not only did she try to evade the law but, as further alleged, she caused the victim and her spouse to attest to false documents and be a part of her scheme to lie to the US," Bharara's statement said.

The anger over the treatment meted out to a senior diplomat — handcuffed in public, stripsearched etc — may be justified, but has the Indian government done the right thing in brushing issues of violation of immigration laws aside?

Immigrant Song

For an answer, what's key is to determine how serious are the charges of presenting false and fraudulent documents and making false and fraudulent statements to the US department of state in support of a visa application for the Indian national, Sangeeta Richard, employed as a babysitter and housekeeper.

"These are extremely serious charges of visa fraud and making false statements to procure an A3 visa [meant for personal employees, attendants, domestic workers, or help of individuals who hold a valid A1 or A2 diplomatic visa of the US]. She could face up to 15 years in prison if diplomatic immunity did not apply," says Anu Peshawaria, US attorney and former legal adviser to the embassy of India at Washington DC.

And this is not the first time that an Indian diplomat in the US has been charged with mistreating domestic helpers. "Lately there have been many cases of wealthy people who have been involved in human trafficking and underpaying immigrant domestic workers in the US," Luna Ranjit, co-founder and executive director of New York-based NGO Adhikaar, told ET Magazine. The organization has been working for the rights of Nepali-speaking immigrants in the US, including those employed as domestic workers, in gas stations and restaurants. Adhikaar had supported Shanti Gurung, a young Nepali-speaking domestic worker from India, who won a favourable ruling of $1.5 million in 2012, against her former employer Neena Malhotra, an Indian diplomat in New York.

Adhikaar is now trying to highlight the negative impact that l'affaire Khobragade is having on migrant domestic workers in the US and their struggles. "It is sad to witness the story unfold in the media as one only about foreign policy and mistreatment of Ms Khobragade at the hands of law enforcement.

We condemn the alleged mistreatment; however we are also concerned that the story has taken a turn that is negatively impacting migrant domestic workers rather than shedding light upon their daily struggles. The media coverage so far has done nothing to raise awareness about the universal struggle of migrant workers and domestic workers alike," an official Adhikaar release has pointed out.

Devyani Khobragade's story

The solution?: There could be a relatively easy way out of the current mess for both Devyani Khobragade and the US State Department. 

Retroactive immunity way out of diplomatic deadlock 

The US attorney's statement: There has been much misinformation and factual inaccuracy in the reporting on the charges against Devyani Khobragade. 

'Attempts in India to silence victim and compel her to return... it was necessary to evacuate the family' 

The father suit: Devyani Khobragade is represented in the present suit through her father, Uttam Khobragade, who is also the power-of-attorney holder for his daughter. 

'Treated her like family... she visited parlour, used our phone' 

The US complaint: According to the complaint against her in the US, Indian diplomat Devyani Khobragade had first struck a verbal agreement with Sangeeta Richard and then signed two successive contracts, with a different wage specified in each. 

Leading to Devyani's arrest, a verbal deal and 'two contracts by Aneesha Mathur 

The domestic help: Sangeeta Richard, whose complaint triggered the events leading to diplomat Devyani Khobragade's arrest, was always keen to work abroad, according to her mother-in-law. 

Sangeeta always wanted to work abroad: Mother-in-Law by Ananya Bhardwaj 

The father's claim: Uttam Khobragade, father of diplomat Devyani, claims Sangeeta Richard was given full wages and never ill-treated, yet she disappeared without reason. 

'$8.75 an hour, including Rs 30,000 a month to husband' by Ananya Bhardwaj 

The govt view: The Indian view is that the case against the diplomat was part of an illegal immigration plan by the domestic help.