Saturday, May 28, 2011

Double Standards?

Recently I read about Krittika Biswas, daughter of the vice counsel at the Indian Consulate in Manhattan, Debashish Biswas, who was handcuffed in her school in US and spent a night in the jail on suspicion of sending some obscene photo to her teacher. This arrest even in normal circumstances would have been wrong but it was especially wrong and bordering on arrogance on the part of US cops because of some simple reasons.

1. Krithika is the daughter of Dy. Consul General in US and hence enjoys diplomatic immunity
2. She was arrested in her school
3. It was just a suspicion based on which she was arrested (the IP address from which the photos were sent was of someone in her apartment complex)

While these kind of incidents earlier would have gone unnoticed but with increasing speed of information flow and democratization of information per se, it baffles my mind that how still arrogant the cops in US are becoming in enforcing laws. Inspite of Krittika telling the cops that she has entered US on a diplomatic visa and her Dad is an Indian Counsel Officer, the cops still went ahead with the handcuffs and put her in jail.

If you still don’t think that what Cops did was wrong, the more bizarre explanation came from the spokesman of the US State Dept, Mark Toner. Earlier this week, Mark Toner, US State Department deputy spokesperson, said immunity enjoyed by consular officials does not extend to Biswas. "As a family member of consular officer, rather, she does not enjoy immunity from jurisdiction or inviolability," he told reporters.

Nothing can be further from truth. Insisting that Toner had got it wrong, Prabhu Dayal, the Indian Counsel General in New York pointed to article 53 (2) of the Vienna Convention on Consular Relations, 1963, which says "Members of the family of a member of the consular post forming part of his household and members of his private staff shall receive the privileges and immunities provided in the present Convention..." The State Department, however, said yesterday that it is sticking by Toner's earlier remarks. What a pathetic display of knowledge of the US State Dept of one of the main diplomatic conventions followed across the world.

The reasons are also not difficult to find. The police in the US in a majority of the cases have just a High school degree before they get inducted in the force. Their understanding of Vienna conventions is basically too much to ask. While I cannot extend that logic with similar degree of certainty to US State department, but at least considering that US is one of the most developed nation on the planet, their response should have been to go back, read the Vienna convention and then come in front of the media to share the right information and not look dumb with their current response of family members of diplomats do not enjoy similar diplomatic immunity as the diplomats themselves.

This action of US in handcuffing the daughter of Indian diplomat smacks of arrogance than incompetence. US must realize that with democratization of information and opportunity they will continue to be increasingly submitted to greater scrutiny. They cannot take citizens of any country for granted in subjecting them to high handedness without rational thoughts

I was very happy to see that the Indian Counsel General, Prabhu Dayal clearly stated the provisions of the law that was applicable here and asked for an apology from US. I am seeing such kind of spirited and calling spade a spade kind of response of late from India which is a welcome sign of speaking up and be not subjugated to the grandeur arrogance of US.

When will US learn to avoid having double standards on such matters? What if the US citizens in India are subjected to similar treatment? Will the US keep quiet?

No comments: