Indian Diplomat Devyani Khobragade case in brief

"I am a people’s person; I like to be with people. So I thought it would be a good opportunity to be connected with my country and work for my country abroad at the same time".- Devyani Khobragade on why she joined the Indian Foreign Service

Senior Indian diplomat Devyani Khobragade, 39, was arrested in New York City today on charges of Visa fraud and making false statements on wages of her Indian maid.
An Indian Foreign Service officer, Devyani is Deputy Consul General for Political, Economic, Commercial and Women’s Affairs at the Consulate General of India in New York City.

Indian Arrests Indian

U.S. Attorney for the Southern District of New York Preet Bharara, an Indian-American, announced Devyani’s arrest a short while ago.
Khobragade has been charged with one count of visa fraud and one count of making false statements, which carry maximum sentences of ten years and five years in prison, respectively.
The charges against Devyani are related to making false statements in hiring an employee from India as babysitter and housekeeper on an A-3 Visa.
Khobragade is expected to appear this afternoon before U.S. Magistrate Judge Debra Freeman.

No Diplomatic Immunity

U.S. court documents reveal that Devyani may not be able to claim diplomatic immunity to get out of the current mess.
According to court filings, Devyani enjoys limited diplomatic immunity only with respect to those acts undertaken in her official capacity.
If Devyani is found guilty, she will be thrown into the general population in prison.
Devyani Khobragade is presumed innocent unless and until proven guilty.

Wage, Document Fraud

According to a court filing by Mark Smith, Special Agent of the U.S. State Department’s Bureau of Diplomatic Security, Devyani filed false documents with the U.S. Consulate in Mumbai on the wages to be paid to her babysitter/housekeeper employee.
Smith alleged that Devyani signed two employment contracts with the unnamed employee:
1. A contract filed with the U.S. Consulate in Mumbai stating that the employee would be paid $4,500.00 every month
2. A second contract with the employee that she would actually be paid Rs 30,000 a month ($573.07 as per September, 2012 exchange rates).
U.S. Special Agent Smith alleges in the complaint that Devyani did not pay the employee even Rs 30,000.00 per month.

Devyani Khobragade – Background

Devyani was born in Tarapore, near Mumbai.
A medical doctor by training, Devyani was previously a Director in the Government of India’s Ministry of External Affairs.
In the past, the hot-looking babe and mother of two young girls worked in the political divisions of Indian diplomatic missions in Pakistan, Italy and Germany.
As a diplomat, Devyani’s first posting was in Germany.
Devyani is fluent in Marathi mother tongue), English, Hindi and German.
The 39-year-old Indian Foreign Service officer’s interests include traveling, reading, yoga, music and dancing.

NYC Indian Consulate – Problems Galore

This is not the first time an Indian diplomat at the Indian consulate in New York City has been caught in a sticky, legal mess.
In 2010, senior Indian diplomat and Consul General of the Indian Consulate in NYC Prabhu Dayal found himself in an embarrassing situation when his maid complained that Dayal asked her for a massage.
Indians in the tri-state area also complain of rude treatment by the staff at the NYC Indian consulate and there are occasional incidents of important documents being lost by the consulate.

Nanny, not my daughter, culpable of any visa fraud, Indian diplomat Devyani Khobragade's father Uttam Khobragade says

MUMBAI: The father of the Indian diplomat charged with visa fraud in course of bringing an absconding housekeeper to the United States says the nanny who filed the visa petition should be held guilty — and not his daughter Devyani Khobragade — because it was the she (the nanny) who alone signed the application and appeared for the visa interview.

In an email to this newspaper, Uttam Khobragade, a retired Maharashtra government bureaucrat, said his daughter is being wrongfully charged for fraud committed by some other because as per the warning on the online visa application web page of the DS 160 form (application form for non immigrant visa), it is the person who electronically signs and submits the application who is responsible for the information provided (even if someone else assisted in preparing the application).

Also, the person who has signed and submitted the application is liable for prosecution under the section 28 United States Code 1746. Hence it is Sangeeta Richard (the nanny) and probably the officer who interviewed her who have committed the fraud, if any, on United States, Khobragade argued.

In observations made in his "personal capacity as a student of law and practitioner of law for last thirty years ... after scrutinizing all papers available to me including the deposition made by the lead investigator in the case in NY," Khobragade said the application for the visa was signed and submitted bySangeeta Richard to the US consulate and she alone went for the interview conducted by the US consulate officials.

Devyani Khobragade does not know what transpired between the US official and Sangeeta Richard at the time of the visa interview and what documents were submitted by Sangeeta Richard to the US authorities, he maintained, adding that his daughter "has nothing to do with the entire visa process except that she helped Sangeeta Richard by typing the information provided by her on her computer for electronic submission to the US authorities."

Khobragade said Devyani did not submit a single document nor made any statement to the US authorities for the visa of Sangeeta Richard. The said agreement/employment contract between the two, which is being referred to, is not a statement under oath. It is a proper contract signed between two Indian citizens in Delhi, and any violation thereof is in domain of civil law and no criminality is involved.

Khobragade, who is reported to be considering visiting New York to support his daughter, also maintained that this agreement/contract is not a part of DS160 but a supporting document, and it is not the only document on the basis of which the visa is issued.

"The entire circumstances indicate that Devyani was not even a remote party to the so-called visa fraud, if at all committed," Khobragade argued, alleging that statement issued by the US prosecutor indicates that she was "illegally detained to terrorize her and force her to not pursue the arrest of Ms Sangeeta Richard against whom a warrant has been issued In New Delhi."

The Khobragade version of the story is that Sangeeta Richard was fine with the household in New York till such time she developed a desire to become a permanent resident of the US. When Devyani said she could not help her in this regard, the nanny built up a case using the contractual arrangement she had agreed to in India to her advantage.

Who is Devyani Khobragade?

Devyani Khobragade is in a hot soup following her arrest in New York City today on charges of Visa fraud.
If you’re wondering Who the heck is Devyani Khobragade?, here are the essential facts:
1. Devyani is undoubtedly the hottest looking officer in the entire Indian Foreign  Service. To put it politely, most Indian diplomats look like the cat unloaded last night’s dinner on their faces. Thank God for an exception like Devyani! 
2. Devyani is 39-years-old, and, if I may say so, looks not a day older than 19. Devyani makes Katrina, Kareena, Sonakshi, Meenakshi et al look like hags!
3. Devyani is a fan of Hollywood star Jim Carrey and follows him on her Twitter account. I must say Devyani has good taste. I’d have committed harakiri if she were ‘following’ Salman Khan or one of the other Bollywood chutiyas!
4. Devyani belongs to the Scheduled Caste (Dalit) community, a priceless advantage in Modern India since it allows community members to get into medical schools, civil services, IITs and IIMs even if they have poor grades.
5. Devyani joined the Indian Foreign Service in 1999. With postings in Germany, Pakistan, New Delhi and New York City, Devyani is a veteran of the diplomatic corps.
6. I was sure after seeing Devyani’s svelte figure that the lady practiced Yoga. And indeed the lady lists Yoga as one of her interests!
7. Devyani Khobragade is a Deputy Consul General for Political, Economic, Commercial and Women’s Affairs at the Consulate General of India in New York City. I bet even you schmucks already knew that.
8. If I were to guess Devyani’s vital stats, I’d say: No Comments.
9. Devyani studied at St. Joseph’s Convent School, Jalgaon, Maharashtra. That’s what I call General Knowledge, priceless information valuable to moving ahead in life!
10. If I were a Bollywood director, in a heartbeat I’d have picked Devyani for a movie titled, ahem, Devyani – Dil ki Rani.
11. Devyani must either be very good in her work or well connected because the NYC Consulate posting is a plum job in the Indian Foreign Service.
12. Devyani probably is a big fan of Vada Paav and Samosa Chaat, popular street food in Mumbai since she hails from the city (the lady was born in Tarapore).
13. Devyani Khobragade’s husband is a Professor of Philosophy.
14. Devyani is doing poorly on Twitter with just 35 followers! Disgusting! Even that duffer Abhishek Bachchan has 3.26 million followers. And Bollywood bad boy Salman Khan has 5.7 million followers hanging on to every piece of nonsense dropping from his lips. Seriously, Indians have poor taste. If I had tons of money, I’d buy a billion ‘followers’ for Devyani!
15. Devyani’s last Tweet (December 3, 2013) – I am a helping to change the way the world sees arts education (sic). “a helping“  – I want to know her English teacher’s name! BTW, wonder who’s ‘a helping’ Devyani now?
16. Want Devyani’s e-mail address? I’m not gonna hand it out.
17. Devyani won a scholarship to UK’s Chevening Rolls-Royce Science and Innovation Leadership Program in 2012. This gal is one smart lady, I tell you! Not like you schmucks.
18. Devyani’s father Uttam Khobragade is a retired IAS officer from Maharashtra. Big shot father, big shot daughter.
19. Like Devyani, her father Uttam Khobragade also landed in a big controversy (Adarsh Housing Society scandal).
20. Devyani’s uncle Dr. Ajay Gondane too serves in the Indian diplomatic corp as an IFS officer.  Ajay is currently High Commissioner of Papua New Guinea.
21. Like Uncle, Like Niece! Devyani’s uncle Ajay Gondale also served as Deputy Consul General in the Indian Consulate at New York, as recently as 2010.
22. Devyani is a medical doctor.
23. Devyani has two daughters, six and three.
24. Devyani’s first posting was in Germany and her most challenging posting in Pakistan. How can Pakistan not be challenging in anything. Heck, Pakistan’s very existence is challenging to India, Afghanistan, USA and even to itself!
25. Devyani’s profile on a conference web site says she wishes to contribute towards Dalit and gender equality in her country, and remains engaged with these issues. But the complaint against Devyani filed in a NYC court alleges she paid her Indian maid $3.31 per hour far, far, far less than the minimum wage in New York City.
26. Devyani did her MBBS at Seth G.S Medical College and K.E.M Hospital, Parel in Mumbai.
27. If Devyani is convicted/found guilty, she’ll be the first Indian diplomat in the U.S. to go to prison!

NDP wants emergency meeting of MPs to review Canada Post cuts

OTTAWA — The NDP has called for an emergency House of Commons committee meeting to review Canada Post’s decision to eliminate door-to-door delivery, slash up to 8,000 jobs and jack up the price of stamps.
While the House of Commons adjourned Tuesday for the Christmas break, effectively shutting down all committee business until the end of January, the Opposition notes the shake-up at Canada Post came the following day, leaving no time to seek answers from government.
“They announced it only hours after Parliament rose for the holidays and the minister responsible for Canada Post has been missing in action,” transport critic Olivia Chow said Friday. “The Conservative cuts will destroy Canada’s long-cherished postal services.”

December 16 gang rape victim: A year on, forgotten victims still waiting for justice

NEW DELHI: Nirbhaya's brutal gang rape on this date exactly a year ago led to an upsurge that jolted the country. But there were others too, who suffered abuse on that fateful night. Their cases never attracted attention and their prospects of getting justice appear extremely bleak.

Though the governments, both at the Centre and the city, claimed they have initiated a number of measures to end the culture of crime against women, activists feel not much success has been achieved to make women feel safe in Delhi.

Our tears haven't dried, Nirbhaya's father says

"Our tears have not dried. With each passing day her memories get more intense. Someone is always crying at home"- these words of the father of December 16 gang rape victim describe the pain and struggle of her family to overcome the tragedy that shook India a year ago.

Since the fateful incident, the family of the girl remains in grip of shock, grief and anger though four of the rapists were sentenced to death by a court after a nine-month trial.

"We will never recover ever and she is very much alive within us," the 48-year-old father told PTI with tears welling up in his eyes.

He said that every time his wife cooks something, she remembers her daughter.

"Every time we sit to eat our meals, my wife says...'this is her favorite food and we are eating it without her'. She loved good food. My wife remembers the last time when our daughter left home saying that she will be back home in three- four hours...but our wait never ended as the hours turned into months and then into years," he said with a choked voice.

Fighting back tears, he said that their real battle has begun now as they have filed a petition in the Supreme Court against the juvenile accused who was "let off".

"We have not yet got justice. We want all the culprits including the one, who was a juvenile at the time of the incident, to be hanged and only perhaps then our minds will get some rest and we will be able to sleep in peace," he said with his wife nodding in agreement.

Her parents had moved the Supreme Court on November 30 seeking directions to put one of the accused who was then a minor on trial by a criminal court by quashing a law which bans such prosecution of juveniles.

When asked if the women in the country feel safe since the incident which triggered mass protests forcing the government to amend anti-rape laws and review measures to ensure security for them, the father said "as long as the mindset of the society will not change, women can never be safe out on the roads."


Delhi HC verdict on death for Dec 16 rapists likely in Jan

Sharing the same views, Suman Rajput said, "What kind of example has been set that the convicts will be sentenced but never hanged. And even if they are punished, it will happen years later. Isn't it the same as what has been happening in past. Then how can we say that 'something' has changed?"

The Centre had brought a legislation in April that provided for life term and even death sentence for rape convicts besides stringent punishment for offences like acid attacks, stalking and voyeurism.

The Criminal Law (Amendment) Bill-2013 was brought against the backdrop of the country-wide outrage over Delhi gangrape, and it was named the Criminal Law (Amendment) Act, 2013.

The law, passed by Lok Sabha on March 19 and by Rajya Sabha on March 21, has replaced an Ordinance promulgated on February 3.

It amended various sections of the Indian Penal Code, the Code of Criminal Procedure, the Indian Evidence Act and the Protection of Children from Sexual Offences Act.

With an aim of providing a strong deterrent against crimes like rapes, the new law stated that an offender can be sentenced to rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to life, meaning imprisonment for the remainder of the convict's natural life and with a fine.

It has provisions for handing out death sentence to offenders who may have been convicted earlier for such crimes.

The law, for the first time, defines stalking and voyeurism as non-bailable offences if repeated for a second time. Perpetrators of acid attack will attract a 10-year jail.

In September, death sentence was awarded to the four convicts in the case by a court which said the "beastly" and "hair-raising" manner in which the crime was committed against the girl falls in the rarest of rare category.

Jyoti Bhardwaj, a law-student said, "The fast track court took more than 8 months to come up with justice in a single case of the gangrape victim while there are innumerable other cases that remain practically unattended."

"We must remember that the girl was not killed by a group of horrifically misguided individuals, but it was a result of an existing culture of having scant respect for girls and women," says Vijaylakshi, a Delhi University faculty and convener of Women's cell.

Dr Ranjana Kumari, Director, Centre for Social Research, believes that the Congress government had to bear the brunt of the unfortunate incidents of rape in the last few years in the recent assembly election.

"The voters had all the reasons to feel cheated by the government. The results are available for everyone to see, " she says.

According to another women activist, Kavita Krishnan, "Giving death penalties would not satisfy those lakhs of women who have to deal with issues of their security and violence against them in their day to day life and find no answers to what the government is doing about them."

However, a section of women activists also believe that ice has definitely being broken and there are high hopes of improvement of situation in the coming years.

"It has given strength to women at least. They are no longer afraid of coming out and accepting what they are suffering from. This is the situation unlike the past years," says Kamla Bhasin, founder member of Jagori, an NGO for women.

Delhi girl raped by facebook friend

BHOPAL: A 19-year-old dalit girl was raped by her facebook friend for around a month when she came to Bhopal trusting him that he would get her a job. A case in this regard was registered at the Ashoka Garden police station.

Police officers said the girl who studies in class XII in New Delhi had come in contact with accused Sandeep, 26, two months back through a common friend in Vidisha. Sandeep, who hails from Sagar worked with an NGO in Bhopal and lived at a rented accommodation in Pantnagar, Ashoka Garden area in the city.

The duo became friends over the social networking site and exchanged their mobile numbers. Police said girl asked the man to assist her in getting a job. Promising that he would be able to get her a job, the accused persuaded her to visit Bhopal.

On October 10 the girl boarded a train for Bhopal and the accused went to Bina to receive her instead of waiting for the train to reach Bhopal. Police said the accused took her to his rented accommodation in Pantnagar and other places, including Mandi Bamora and Kolar. He kept outraging her modesty and threatened her of dire consequences if she revealed about it to anyone.

Police said the girl who hailed from Shivpuri district of Madhya Pradesh was rescued after she managed to inform her brother, who contacted the police. Police rescued from a locality in Kolar area. The rape survivor, in a state of shock due to her month-long ordeal, did not gave up to threats of accused and approached the police and got register a case of rape against him.

The accused has been taken into custody on girl's complaint, the police added.