The arrest of a senior Indian diplomat, Devyani Khobragade in New York has soured the India-US relations, arousing a huge uproar in India. The incident has led to protests in New Delhi and in New York and Indian government has threatened to retaliate by revoking privileges to US diplomats posted in India.
Devyani Khobragade belongs to 1999 batch of Indian Foreign Service, and was posted in New York as Deputy Consul General. On December 12, she was arrested on charges of falsifying her maid's visa application and violating US labour laws. Divyani was handcuffed, strip searched and locked up with common criminals ( a standard procedure for anyone arrested in US), though was later released on a bail.
Indian government has accused the authorities in US of violating the principle diplomatic immunity and mistreatment of an Indian diplomat. In fact, what lies at the heart of this diplomatic row - biggest in recent years - is a strained relationship between two Indian citizens, Divyani Khobragade a mistress and her maid and housekeeper Sangeeta Richard, who with the assistance of an NGO, filed a complaint with US authorities, alleging that her mistress made her work for long hours, and paying far less than the minimum wage mandated by US laws.
Though Divyani Khobragade's lawyer has rejected these allegations, but the most surprising part of this entire episode is the response of Indian government, political parties, media and civil society. All have protested over the mistreatment of their diplomat, but no one has talked about the maid, and none seems interested in inquiring the veracity of her claims.
The case of Divyani Khobragade may appear extraordinary because of its setting, however in essence, it's a typical case of mistreatment of a domestic worker at the hands of her employer, a practice very much prevalent in South Asia and elsewhere in the world.
According to ILO, there are at least 53 million domestic workers worldwide. In addition to it, there are some 11.5 million children under the age of 18, who are employed in domestic sector. In the words of Human Rights Watch, "Tens of millions of women and girls around the world are employed as domestic workers in private households... Despite their important role, they are among the most exploited and abused workers in the world."
Thirty percent of these domestic workers are migrants, who have moved from their native poorer countries to more affluent Middle East, Asia Pacific and North America. Visa restrictions, communication problems, and economic pressure make migrant domestic workers prone to exploitation. According to Human Rights Watch many of them report, "a barrage of verbal and psychological abuse as well as physical violence from their employers ranging from slaps to severe burnings and beatings using hot irons shoes, belts, sticks, electrical cords and other household items. In some cases, domestic workers are trapped in situations of forced labour, trafficking, and slavery.
The situation becomes even more appalling when prominent figures such as diplomats are reported of being involved in such cases. US Government accountability office reported in 2008 that during the past eight years, 42 cases of domestic worker abuse were identified in which diplomats were involved, though the actual figures could be much higher. Many diplomats escape from the legal action but in this regard, two cases made a notable exception. Recently, in two separate instances, a Taiwanese envoy and the ambassador of Mauritius were made to pay damages to their domestic workers by the American courts.
To protect local and migrant domestic workers, the ILO has adopted the Convention Concerning Decent Work for Domestic Workers or C189, establishing global standards for domestic workers. By far only nine countries have ratified this convention.
According to some Indian media reports, there have been incidents before in which domestic workers made complaints against Indian diplomats but government of India made no mechanism to address this problem. Had there been a mechanism in place, the current crisis would have been averted. When Sangeeta Richard came forward with her allegations, instead of just badgering US authorities, Indian government should have conducted an independent and transparent inquiry into the matter and making its findings public. Such a measure would have improved it's international standing.
On the contrary, to shield from American due process, Indian government moved its diplomat to UNSC, where diplomats enjoy full immunity and is pressurising authorities in United States to drop the charges. By doing this, Indian government has favoured a privileged citizen over a less privileged one, making the dictum of George Orwell true that "all animals are born equal but some are more equal than others", mocking its own boast of being the biggest democracy where everyone enjoys equal political rights.
This mentality and culture of preferential treatment encourages the exploitation of domestic workers, and can only change if workers organise themselves pressurising their governments to amend national labour laws in accordance with ILO convention, forcing the authorities to recognise domestic workers as a part of formal labour force, and finally bringing the workers under the ambit of legal protection.
The writer is a freelance columnist and has worked as a broadcast journalist.
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