If you can do it, we can too: India to US

New Delhi: In the wake of the arrest and humiliation of Devyani Khobragade, India’s deputy consul general in New York for alleged visa fraud and the resulting diplomatic stand-off between India and the US, New Delhi has taken a firm step towards strict ‘reciprocity’ in the treatment of US consular staff.

Delhi declared Tuesday that their existing ID cards stood withdrawn, family members of consulate officials would not be given I-cards henceforth, ending their immunity if charged with an offence with the withdrawal of this out of the way privilege The government indicated on Monday that it was determined to go ahead with reciprocity to “ensure equivalence” with what the US grants to Indian consular officials in the US, replicating cards given to Indian consulate officials in the US.

A sentence added to the new consular staff I-cards on the ‘statement of immunity’ for consular officials will read: “The bearer shall not be liable to arrest or detention pending trial except on a warrant for a felony.” The government will decide if a felony committed by a US consulate official constitutes a “grave crime”.

New Delhi feels US authorities unfairly interpreted Article 41 of the Vienna Convention on Consular Relations to target the Indian diplomat, whom they  arrested and humiliated.

Article 41 states: “Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.”

As for the decision to withdraw the I-cards for family members of consulate officials, sources said the families of Indian consulate officials in the US do not get these cards either. In this regard, they drew attention to the 2011 arrest of Kritika Biswas, daughter of the then vice counsel at the Indian con­s­ulate in Manhattan, Deba­shish Biswas.

The US state department had then said family members of consulate staff do not enjoy any immunity.   Further, India in yet another reciprocal measure has decided that US consular staff will be permitted to import their requirements only during the first six months after they have asumed office as is provided under the Vienna Conven­tion for Consular Relations. Till now, these officials were allowed to import their requirements throughout their three year tenure.

India also made it clear that there has been no lifting of the freeze on the import of duty free goods imposed last week.  As for the security concerns being raised in the wake of the removal of concrete barricades from outside one side of the US Embassy, sources said India takes its obligations under the Vienna Convention very seriously and there has not been any relaxation of security. 

Sources further maintained that all US diplomatic and consular officials are being provided security as before and that no changes have been made  in the security status of the embassy here.

The data received so far on the information regarding the visa details of teachers at US embassy schools sought by the Indian government, is being analysed and assessed.