Showing posts with label Devyani Khobargade. Show all posts
Showing posts with label Devyani Khobargade. Show all posts

Thursday, December 26, 2013

Devyani Khobragade: A life in privilege, corruption and feudalism

Devyani Khobragade is a poster child for everything that is wrong with India's quota based reservation system, a feudal and corrupt bureaucracy and a society that is at large still mired in a feudal outlook.

The Khobragade mess is a teachable moment for all, including the US. It is time the US took a hard look at what passes for its 'arrest procedures'. Modern imaging equipment provides enough clues without resorting to a humiliating strip search or an even more denigrating cavity search (the latter was not done to Devyani). Let alone Devyani, anybody who is found innocent later in trial, would have lived through an emotionally scarring experience. This does not behoove a great country.

Those outside the US need to learn that, for every incident they google and dredge up to show leniency by US law, there are ten more that show the impartial nature of US law. Sitting President Bill Clinton had to answer highly invasive questions regarding 'peculiarities' concerning his private parts during the Paula Jones trial. Senators, rock stars, governors, congressmen, film stars have all felt the sharp end of law in US. This is true of most Western countries. Bestselling author and MP Jeffrey Archer underwent imprisonment in UK. More often than not the common Western citizen loves to see justice being delivered to the high and mighty. Many had pointed to the incident in Kenya when a US diplomat caused a car accident killing a man and was later evacuated with no punishment. Check the comments by Americans under those articles. Almost everyone had commented that this was unfair and the man should stand trial.

US has lot of idiosyncrasies in implementing the law. US attorneys and judges have lot of latitude. There is constant discussion in US over frivolous lawsuits, extortion, harassment by overzealous prosecutors, extremely punitive punishments over trivial offenses and of course race as a factor. No country is free of any blemish. The US has its warts in the justice system. An overzealous attorney accused a group of Duke university students of having raped a black stripper. The entire case fell apart later. And, yes the same happened to the French diplomat too. All that said the US justice system, especially compared to India, delivers for most. Conservative commentator George Will wrote a blistering column on how prosecutors coerce drug offenders to plead guilty (see references). Also when a US attorney general decides to prosecute a case not even the President can stop him/her.

Lot of Indians reacted with disgust against Khobragade but demurred about the strip search. What pained me most was how many reacted indignantly with questions like "is the US holy?", "is the maid a CIA agent?" and the worst being "the maid was given lodging and food. Does she need American wages above that?"

Who is Khobragade? Daughter of an IAS officer she grew up in the lap of luxury and, as her father himself stated, never faced any discrimination on account of her being Dalit. To be blunt she only reaped the benefits of being a Dalit just like K.R.Narayanan's daughter did. India's perverted reservation system (not to be confused with the lesser oppressive American style affirmative action) considers Khobragade as eligible for education and job opportunities on account of her caste. Reports say she owns 11 properties including a flat in the scam tainted Aadarsh flats. Asked why she did not declare prior government allotted home her father indignantly replied that it was not their duty to do so.



It is disgusting to see her fellow bureaucrats rush to her defense with op-eds in Indian and international papers. One bureaucrat said that it is a fact that that all consular officials lied in their visa papers about salaries to the domestic help and he proceeded to ask with anger "by approving such visa is not the US complicit". Another diplomat wrote that now every domestic help will feel emboldened to complain to US authorities just to get a green card and pursue 'dollar dreams'. Yet another diplomat, Prabhu Dayal, who was formerly accused of ill treating his maid in the same consulate took to an oped to rehash his case and cast aspersions on the maid.

I was extremely pained to see questions asking why does a maid need $9 just because she is working in NYC since her lodging and meals were taken care of. Why does Khobragade or any Indian diplomat need US salaries? After all, they too live in the same consulate. This feigned outrage in India against the treatment meted to Devyani is nothing but the preening middle class asking "how dare a maid take one of our own to court and have her arrested". This is nothing to do with protecting India's honor. Rather it is bourgeoise India reacting with feudal impulses against a maid. There have been other instances when Indians have been arrested, sometimes wrongly too, and not a single squeak was heard from India.

Many seem to ignore that Devyani used every lever of power to crush the maid. As any middle class employer of India would do Devyani too registered a case of theft against the maid, in India, not in NYC where the purported theft took place. An Indian court gagged the maid from pursuing a legal option in US where the grievance, underpayment, was taking place. Above all, the maid's 'official passport', not Indian passport, was cancelled and a non-bailable arrest warrant issued against her. Non-bailable warrant. For what? And a case was registered against the maid's husband too? For what.  I am beyond myself for any iota of sympathy for Devyani or the purported outrage to her modesty. Devyani met her match in Preet Bharara. If Bharara did not exist Devyani, in Bollywood film style, would have stamped into the ground the maid and her family. This is not empty conjecture. It is what Devyani set out to do.

A pompous Yale graduate, liberal and leftist, Suchitra Vijayan penned a column for Rediff bemoaning that Devyani's great work on behalf of the downtrodden is now tarnished. Suchitra says that Devyani, 'a doctor, Dalit and a woman in a male dominated career' will not do just 'lip service' but does 'things that are important'. Yet this Ivy League graduate could not point to a single original idea or project of Devyani beyond empty, inane, platitudes like 'paying forward' and 'creating opportunities'.

That India is ruled by the bureaucrats is evident in this mess. The bureaucracy has closed ranks and is shamelessly trying to protect one of their own. They are even brazen about the fact that they are entitled to 'domestic help' though clearly they cannot afford one in a country where most people, including citizens, do not need a 'domestic help'. The suggested remedies by all these bureaucrats include every idea under the sun except paying appropriately or better still doing away with this colonial era entitlement.

We can trust these officials to come up with ideas that adhere to the law but are void of any scruples or morals. An idea floated suggests that the Indian government, not the official, sign the contracts with the maids thereby presenting a conundrum to any overzealous US attorney over arresting a country or a nonentity like the government. India's GDP is $2 Trillion and Indians love to boast of their possible status of overtaking GDP and yet they want to pay a maid $3 per hour. Shame.

The barrage of op-eds and manufactured outrage on behalf of the perpetrator only shows that the voiceless continue to be voiceless in India. How many Indian papers and TV channels interviewed those who are being sent abroad as 'domestic help'? The foreign minister asks with barely controlled rage that the worst that Devyani can be accused of is underpaying and if so does that is it a big deal. Khurshid was not seen with so much anger when Muslims were butchered in Muzarfarpur. And yes, in some parts of the world, not paying an employee properly is considered criminal.

I've been asked if my interest and anger on this issue is because it gives me yet another chance to scold India. Absolutely no. When I first heard the news I ignored it as yet another Indian trying to act Indian in USA. But then it erupted like Vesuvius. Many, many times I've seen indigent Indian employees in restaurants shyly say "sir please give the tips as cash. If you put it on card it does not come to us". Indians are loathe to tip after eating for $100 so I've seen waiters ask "sir please don't forget a tip". At some places waiters cheerlessly say "we don't get any part of the tip". I've been through the H1B grinding mill. I know personally how Indian employers cheat. Paying an employee on time, paying fairly, treating an employee with respect etc are completely alien to most, not all, Indians.

One day a plumber came to my home to do some repair work. He walked around the home, sat comfortably on the sofa, complimented my daughter and talked to me as an equal human being. I thought would an Indian plumber do the same in India? In India it is common for a small child to call an aged domestic help disrespectfully by name and in singular. Children are employed to babysit children.

Many Indians hated the movie Slumdog Millionaire. Time magazine elicited a response from a middle class car driving girl and a rickshaw driver. The girl was irritated about the movie saying "this is what I see everyday should I see it in the theater too". The rickshaw man said "at last a movie that speaks of people like us". Indians were less livid about the fact that children are maimed and forced into beggary than about a cinematic exaggeration of a child jumping into a pit of excreta.

It is the middle class that is fueling the rise of Narendra Modi. Everyone breathlessly speaks of how factories are opened in Gujarat, how roads are laid pronto, how permits can be got easily but I've not heard a single Modi supporter speak of why Gujarat's primary education lags or why no big universities or research centers or primary health centers or state of the art hospitals were opened. Those do not matter to the middle class who have convents and nursing homes to go to.

Supporters of reservation system would have been livid at my calling Devyani as poster child for everything thats wrong with the system. Consider this. The maid's child and Devyani's child are entitled to the same quota. Guess who has a higher chances of enjoying the fruits of the quota? Convent education, US school going Devyani child or a maid's child? Reservation system undoubtedly helped a few generations but it has become a behemoth today that is hogged by the aptly labeled 'creamy layer'. Today's Hindu carries an article about how schools meant for Adi-Dravida children are dilapidated, to put it mildly, lack teachers, lack classrooms and function in something that resembles a building where even dogs would think twice before resting on a hot day. Politicians use reservation system as a soft option to lure vote banks while ignoring the more vital concrete steps.

There are many lessons to be learnt for all. India and Indians need the most learning to do. I hope they spare a moment to learn.

References:

1. Suchitra Vijayan's column in Rediff http://www.rediff.com/news/report/in-a-world-where-women-only-pay-lip-service-to-womens-rights-devyani-is-an-exception/20131223.htm

2. Non-bailable warrant against the maid Sangeeta Richard http://articles.timesofindia.indiatimes.com/2013-12-18/india/45336280_1_maid-delhi-court-issues-delhi-hc

3. Entreprenur's 'Letter to an Indian nanny in New York' http://www.indianexpress.com/news/letter-to-an-indian-nanny-in-new-york/1210913/0?SocialMedia

4. Former diplomat Prabhu Dayal's oped http://www.dailymail.co.uk/indiahome/indianews/article-2528046/Fear-loathing-New-York-Former-diplomat-Prabhu-Dayal-reveals-Indian-envoys-US-fall-victim-maids-pursuing-American-dreams.html

5. Prabhu Dayal case reported in CBS http://newyork.cbslocal.com/2011/06/21/housekeeper-sues-indian-diplomat-prabhu-dayal-in-nyc-over-wages/

6. Over 50% of Adi-Dravida schools lack basic facilities - The Hindu http://www.thehindu.com/news/national/tamil-nadu/over-50-of-adi-dravidar-schools-lack-basic-facilities/article5500422.ece?homepage=true



Tuesday, December 17, 2013

Grow up India. The law is the law.

It was a day of irony and insanity. Capitalist America came to the defense of a housemaid who was being paid $3.31 per hour as against even prevailing minimum wage of $9.75 in NYC. Socialist India frothed at its mouth in fury and vented its anger, lo behold, against America for arresting a 'consular official' who allegedly committed visa fraud. Indians in social media railed and ranted against imperialist America, vowed to humiliate America in return, political leaders snubbed a visiting US delegation and the Indian government most shamefully scaled down security provided to US embassies. A former minister asked the Indian government to arrest spouses of US consulate members who happen to be homosexuals since the Indian Supreme Court had ruled that homosexuality is a crime.

Grow up India. This is America where the rule of law has a higher respect than one which Indians can readily understand. Dominique Strauss Kahn, head of IMF and possible future PM of France, was hauled from a flight that he was sitting in based on the complaint by a hotel employee who had alleged sexual harassment. Kahn was handcuffed, perp walked, arraigned, kept under house arrest with an ankle collar by New York City Police. Later the case fell apart but Kahn was exposed as a sex addict. His political future crashed. Indians could glumly say "see we told you". The point is not about the case falling apart. If arrests are to be made only when water tight evidence is there most arrests will never be made. Powerful people have ways to change evidences if too much time lapses. Ask the Sankararaman family in Kanchipuram. The point is the police acted on the complaint of a hotel janitor against a very powerful man from a close ally of US.

Check out Rod Blagojevich. Blago, as he was called, was the governor of Illinois. He plotted to sell a vacant senate seat. Note, he just plotted. One morning FBI crashed into his home, pulled him up from his bed and marched him to jail. Jesse Jackson Jr, son of revered civil rights icon and himself a sitting congressman, is serving time for using campaign cash to buy luxury goods for himself and his wife. Jackson Jr's wife too is serving time. Michael Douglas's son is serving time in solitary confinement, not just jail, for drug trafficking. Wesley Snipes was jailed for not paying taxes.

I saw Bill Clinton apologize to the country on live telecast for his relationship with Monica Lewinsky. His grand jury testimony was available on videotape in the local library. His accuser was a nobody yet the court compelled him to give testimony. It is common sight to see US Presidents, during vacations, standing in queue to get ice cream or buy a book and even pay for it. Recently Obama bought books at an independent store and was photographed paying for it.

Devyani Khobragade, as consular officer, is entitled, according to Indian government rules, to a domestic help. That person gets a visa thanks to the officer. In the visa documents, it is alleged, Khobragade offered to pay $4000 per month. However upon reaching US the servant was made to sign a different contract of $500 per month.Much of the case is still murky and details are yet to come out fully. Khorbagade filed a lawsuit in India against the maid. Apparently disappointed with the cut in salary the maid wanted to work on weekends outside the consulate for which her visa conditions do not allow. Also the maid had an official passport not a regular Indian passport.One day the maid disappeared and turned up in an immigrant attorney's office in NYC. Consular officials were called in. Meantime, and this is the strange but vital part, the maid's family including a child were held 'taken into custody' alarming her. This is entirely plausible given the high connections of Khobragade whose father was IAS.

Things moved apace in India. An Indian court restricted the maid from filing a case anywhere else except India. Her husband was issued a notice and the maid herself was charged under cheating and extortion.

Rediff article cites two other instances of maids filing lawsuits in US against former diplomats. In one case, again, an Indian court had prohibited the maid from filing a suit in US.

A diplomat wrote indignantly that consul officers are not paid high and that, if at all, they can only afford to pay $12 per hour for a maid. I wonder why do they even need a maid. Thousands of Indians who actually earn more than that officer make do without a maid doing their own laundry, grocery shopping etc. It is high time these babus learned to live like the common man.

Not coincidentally Khobragade had another run in with the law. Even as she owned a government allotted home she purchased another home in the scandal plagued Adarsh society. Her father, Uttam Khobargade, a former IAS, indignantly said its not their duty to inform about the other home. Today he is even more indignant and rails against the arrest as 'barbaric'. The Khobargades have a sense of entitlement but, for once, met their match.

Today CNN clarified that Khobargade was not arrested in front of her children. In fact US Marshals ensured that she was arrested while returning from school after dropping her children. Strip searching is a routine process in any arrest in US. It is usually done for the safety of everyone. It is not like she was stripped in public or something like that. There are procedures for that to be done.

Indians have a way of whining and groaning when their high and mighty are treated like the common man. When Shah Rukh Khan was detained at Newark airport there was a hue and a cry. The issue was India itself has notified interpol that a terrorist was using Shah Rukh as his alias. The poor immigration officer, who probably had no idea of who Shah Rukh Khan was, took him aside for questioning. I've no issues with that. As long as he was not harassed or profiled its perfectly ok. US apologized for frisking Abdul Kalam though. Again, it was an honest mistake by a low ranked employee of the airline.

US Senator Claire McCaskill once tweeted about an 'aggressive pat down' she got at an airport. When Senator Rand Paul refused a pat down he had to leave the airport. Post 9/11 a US senator had to drop his pants and show his hip replacement scar because the metal detectors went crazy.

Priyanka Chopra tweeted "Shahrukh is a global icon. Get real". Trust me, if Shah Rukh walked in the streets of NYC except Indians nobody would recognize him. Thats why Rajinikant comes to US. At that time I remember reading Indians tweeting 'let's do the same to Tom Hanks'. What is lost on Indians is that in US most, excepting the President, are treated like commoners. Even the President has his moments.

It is pathetic that not many Indians have spared a thought for the maid whose husband and child are being harassed by the Indian state. Indians, time and again, including those in America, have reacted churlish when it comes to Indians facing the law.

Last year an Indian student was convicted of hate crime for taping a gay student having sex and for attempting to broadcast it. The gay student later committed suicide. The Indian student was given all chances to plead guilty and sign a deal. He refused and wanted to go to trial. The trial went against him. His co-conspirator, a girl, testified against him. The Indian-American community, no friends of homosexuals, was livid and there were posters in support of the boy.

Khobargade's father alleges racism. After all, thats a convenient excuse. The attorney who arrested Devayani is Preet Bharara. Bharara was featured on the cover of Time magazine for taking Wall Street to task. He was instrumental in bringing down billionaire hedge fund owner Raj Rajarathinam and Rajat Gupta, former CEO of McKinsey. Not to be outdone social media critics tar Bharara as 'acting white' by arresting Indians.

The average Indian has an absolute contempt for ethics and rule of law. Step into most Indian shops in New Jersey and you would see that customer satisfaction is a forgotten ethic. Sales tax evasion is prevalent in Indian shops. Talk to any H1B consultant they would tell stories of exploitation. I've heard the most twisted logic for unethical practices from H1B owners.

US consulates in India faces very high security risks. To have placed US consulate personnel at risk as a petulant payback is beyond indecent. I'd like US to close down its consulates, maintaining just a mission for sake of continued relations. In the least all visa processing sections should immediately be closed down. I'd love to see how many Indians will put up with that for more than a week.

Some bravado talk of shutting down US companies in India is spoken of. I welcome the suggestion. I ask Indians to walk out of every job that they owe to USA. As it is US companies have soured on India and the world is wide for US companies. India is more a problem than anything else. If Indians wish to take their economy to stone age I'd get myself a Starbucks cafe latte, a biscotti, a comfortable chair to watch the fun.

Indians would do well to remember what India did to Italian ambassador over the Italian marine shooting incident. The Ambassador was detained in kind of house arrest for what a few trigger happy sailors did. Today an Indian ambassador has been arrested over a very serious complaint and much of India is running around like headless chickens. (Thanks to former Indian Ambassador for that expression).

Over the past decade tens of Tamil fishermen were killed in Sri Lanka over fishing disputes. Many times they were captured and even tortured. Yet, the Indian government and many Indians cared nothing for that despite the fact that Sri Lanka is not even a major military or trading partner unlike the US. Today, to protect a corrupt and venal bureaucrat the media, the people and the political class are competing in grand standing.


References:

I got this link, giving the entire affidavit, as a comment on this blog. Sharing it now http://www.justice.gov/usao/nys/pressreleases/December13/KhobragadeArrestPR/Khobragade,%20Devyani%20Complaint.pdf

1. Timeline of events. http://www.rediff.com/news/report/diplomats-arrest-trouble-was-brewing-since-june/20131217.htm

2. New York State Vs Dominique Strauss Kahn http://en.wikipedia.org/wiki/New_York_v._Strauss-Kahn

3. Diplomat owns flat in Adarsh society http://www.rediff.com/news/report/diplomat-in-visa-row-owns-flat-in-scam-tainted-adarsh-society/20131213.htm