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Dr Devyani Khobragade and Indo-US relations ( Dr. Roy P. Thomas)

Dr. Roy P. Thomas, MD Published on 23 December, 2013
Dr Devyani Khobragade and Indo-US relations ( Dr.  Roy P. Thomas)

Chicago elected its first black mayor Harold Washington in 1983.  An Afro- American becoming the mayor of a big American city for the first time was a historic event. The Indian community in Chicago had given its full support for his election under Indo-American Democratic Organization (IADO). We organized a public reception for the mayor in 1986 as he was preparing for the reelection.

 Felicitating the mayor at the event, I recounted an event in history. Mahatma Gandhi was forcibly ejected from the first class compartment of a train in South Africa on June 7, 1893 because first class was for whites only, though Gandhi had a first class ticket. When he refused to vacate the seat, he was pushed out of the train, he fell down hitting his head on the cement floor, probably making   a small sound in that dark midnight.  Gandhi’s head hitting the floor that night became more powerful in changing the world in the next 100 years than any other explosion.  His refusal to accept discrimination and his peaceful struggle for the independence of India inspired two third the people of the world to come out of oppressive colonialism in the 20th century following his path.

A young preacher in America, Martin Luther King, followed Gandhi’s steps and led his people to gain their  civil rights and voting rights.  Harold Washington's victory in Chicago in 1983 was also made possible because of  the wind of change started by Gandhi.

At the end of the meeting, a young man came to me and said that he was impressed by what I said about Gandhiji's influence in the struggle for civil rights in America. That young man then was a community organizer working for 6 churches in the south side of Chicago. He was sitting with the audience and was not important enough to be seated on the podium with senators, congressmen, and other important community leaders. The name of that community organizer was Barack Obama, Now turn the clock to November 8, 2010,

 President Barack Obama addressing  the combined session of the Indian parliament said, " I am mindful that I might not be standing before you today, as President of the United States, had it not been for Gandhi and the message he shared and inspired  with America and the world.   ---- Since taking office, I've, therefore , made our relationship with India a priority.   I bring the greetings and friendship of the world’s oldest democracy, the United States of America, including nearly three million proud and patriotic Indian-Americans.”

Indo- US relations have never been this cordial as it is now under Obama administration. If the recent episode involving an Indian deputy council general in New York, Devyani Khobragade,  damages the bond between the two great democracies, it will be very unfortunate. If Devyani violated the law and if her action does not fall with in the category the diplomatic exceptions, she should be held responsible like anyone else before the bar of justice.  But she should be given all protection under the law.

Those who are not familiar with the US justice system may be reminded of an incident in 2006 which was reported all over the world. A young girl was arrested because a policeman suspected she was driving under the influence of alcohol. From her driver's license, the policeman recognized the offender. She was the daughter of the then president George Bush. Her uncle was the governor of the state. But none of this prevented an ordinary police man from carrying out his duty. She was arrested, handcuffed, taken into custody, and had to go through normal legal process just like any other citizen. That is how the legal system works in America. In Devyanai’s case also, the law should take its course.

In the American system of justice we must remember that State Department or even a President has very limited power to interfere in the criminal prosecution of a case. It was the firing of a public prosecutor, Archibald Cox, investigating a burglary in the Water Gate complex that resulted in the impeachment and removal of President Nixon. Any undue influence over a prosecutor by any one including Secretary of State or even by a President will be considered as obstruction of justice and feloney punishable by several years in jail. Prosecuting district attorneys have wide power in collecting evidence, negotiating with the witnesses, and defendants  and deciding on appropriate charges.  In the case of Devyani, it very unlikely that Obama or Kerry will know much about the evidence or witnesses before the prosecution filed charges.

Here paying a laborer less than what was agreed upon and make them over work is a serious criminal violation of labor laws. Perjury and lying to governmental agencies under oath is also punishable crimes. In this case no one could allege racial discrimination. The prosecuting attorney is  Preet Bharara,  who is the U.S. Attorney for the Southern District of New York. He is an Indian by birth and American by his own choice like many of us. He is mentioned as one of the 50 most powerful persons in the world by Time Magazine and he was on its cover  in February, 2012. ‘India Abroad’ named him as the Man of the Year for 2010. He has sent several rich and powerful,  corrupt Wall Street business men to jail, and the notorious members of mafia Gambino family members were successfully prosecuted by him and given long jail terms.

Even before the present case came out, he was described as a conscientious, hard working, honest lawyer by the press and his peers.  Whether he could have handled this case fairly, but without causing a crisis in relations  between the two friendly democracies, is a different question. Only time will give an answer.

 Bharara was nominated to become U.S. Attorney for the Southern District of New York by President Barack Obama on May 15, 2009 and unanimously confirmed by the U.S Senate. It was the first time an Indian born attorney reaching such a  very powerful position and our community was grateful to Obama for the unprecedented appointment  of an immigrant Indian to such position. All Indian American were proud of the appointment of Bharara. It will be very ironic if Indian government and Indians consider him  going against their interests.

 President Obama has appointed American ambassadors to countries with the same ethnic origin as the host country on few occasions. In that context, I thought one day we could also have an American ambassador to India with Indian origin and heritage. I hope that day will not be indefinitely postponed because of the current crisis. No one doubts that among our second generation of Indians in USA, there are few who could become outstanding American ambassadors.

Dr Devyani Khobragade and Indo-US relations ( Dr.  Roy P. Thomas)
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Tom abraham 2013-12-23 09:38:00
Thank you doctor for your erudite article. I cannot write. You have spoken comprehensively. Devayani must follow Gandhi and quit now. The consulate should save their credibility by adhering to the truth. Don't bring Gandhi notions here to America with false,
Perjurious acts. Mixing milk with poison  is no good for our next generations

biju_ny 2013-12-23 09:58:02
Thank you Dr. these are the kind of articles we want to read here. thanks e - malayalee.

P.T. Kurian 2013-12-23 12:29:13
Dr. Roy Thomas deserves a big hand in educating to those who criticize Preet Barara in arresting Indian Diplomat Devayani Khobragade, on charges of visa fraud.
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