Understand Know Why US says Devyani Kobragade does not enjoy immunity arrested her outside school

Understand Know Why US says Devyani Kobragade does not enjoy immunity arrested her outside school

IFS officer Devyani Kobragade is posted as Deputy Consul General for Political, Economic, Commercial and Women's Affairs

She was arrested from outside the school her daughter attended in Manhattan on December 12, but was released by US Magistrate Judge Debra Freeman the same afternoon on a $250,000 personal recognizance bond co-signed by three people.

If convicted, Khobragade faces a maximum sentence of 10 years for visa fraud and five years for making a false declaration.

Above is the reason IFS officers are afraid in India

IFS officers need to demand to Indian government that pay the salary of our servants as per American minimum wages act.

Indian media is saying that she enjoys the immunity under Vienna Convention

US Government is saying she does not enjoy the immunity under Vienna Convention

Why US government is saying that she does not enjoy immunity under Vienna Convention

Below is the reason Indian Consul Devyani Kobragade does not enjoy immunity
Enjoy immunity as a Consul

Vienna Convention 

Private Servant Defined -

(h) A  “private  servant”  is  a  person  who  is  in  the  domestic  service  of  a  member  of  the  mission  and who is not an employee of the  sending State;

Article 22

1.
The premises of the mission shall be inviolable.  The agents of the receiving State may not enter them, except with the consent of the head of the mission.

Article 42 -

A  diplomatic  agent  shall  not  in the  receiving  State  practice for  personal  profit  any  professional  or commercial  activity.


Article 31 –

Article 31

1.
A  diplomatic  agent  shall  enjoy  immunity  from  the  criminal  jurisdiction  of  the  receiving  State.
He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

(a)
A real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

(b)
An  action  relating  to  succession  in  which  the  diplomatic  agent  is  involved  as  executor, administrator,  heir or legatee as a private  person and not  on behalf of the sending State;

(c)
An action relating  to any  professional  or commercial  activity  exercised  by the  diplomatic  agent  in the receiving  State outside his official  functions.

2.
A diplomatic agent is not obliged to give evidence as a witness.

3.
No  measures  of  execution  may  be  taken  in  respect  of  a  diplomatic  agent  except  in  the  cases coming  under  subparagraphs  (a),  (b)  and  (c)  of  paragraph  1  of  this  article,  and  provided  that  the measures concerned  can be taken without  infringing  the inviolability  of his person or of his residence.


Read now carefully Article 31 clause C which says that
An action relating  to any  professional  or commercial  activity  exercised  by the  diplomatic  agent  in the receiving  State outside his official  functions.

Official function?

This is where conflict starts,

The nanny or house maid was she hired by the government of India

The nanny or house maid was she hired by Indian counsel in official capacity if yes they why she was paid privately by her and not by the government of India

May be above is the reason US Government is saying that India Consul Devyani Kobragade does not enjoy immunity and arrested her

Article 22 is the reason she was arrested from outside school.

Now only option with the Indian Counsel Devyani Kobragade is never to go outside Indian mission until she is declared innocent by the US courts


Suggested Reading –

Read Understand Vienna Convention on Diplomatic Relations 1961 Full Text of Vienna Convention on Diplomatic Relations 1961


Reality views by sm –

Wednesday, December 18, 2013

Tags - Devyani Kobragade No Immunity