Round The World

New Delhi, 18 December 2013

Diplomatic Row

TIME INDIA TOOK ON US

By Prof Arvind Kumar

(Dept of Geopolitics & Intl Relations, Manipal Univ)

The entire world has been watching the unsavoury Indo-US diplomatic row because the international community, in particular, had great expectations from the ongoing bonhomie between the two countries. There was a consensus among the members of world community that the trajectory of Indo-US relations will usher into fresh strides and may see convergences on almost all the important areas impacting their relationship. Indeed, it is unfortunate that the recent humiliation met by India’s diplomat at New York has impacted negatively on the ongoing trajectory. This time, the United States’ has crossed all limits and tested India’s restraint and patience. New Delhi’s response so far has not been commensurate with the requirements and it’s high time that India acts tough and signals its annoyance at the American behavioural patterns.

Undoubtedly, there is no denying the fact that the manner of arrest of India’s Deputy Consul General in New York Devyani Khobragade has been mainly to downgrade and humiliate the country of a billion people. It was alleged by the US that Devyani lied on a visa application for her maid. Even if this was true, the US could and should have handled it differently. Devyani, a senior diplomat, was handcuffed, strip-searched, subjected to a DNA swab and was treated like a gangster and dreaded criminal, as if she was involved in human trafficking. Whether the US’ would be able to initiate similar action to diplomats from developed countries such as Japan, Germany and France remains a crucial question for the debates and analysis.

As is known, the US’ will never afford to even raise some of these issues viz diplomats of the developed world or for that matter even those from China. The cost of such actions by the Americans will be too high and shall not be in their interest. The courtesies extended to the diplomatic community by any nation State have been enshrined and articulated neatly in the Vienna Convention. As a consular official, Devyani had to be treated with certain grace even if she was at fault as per the assessment made by the Department of Justice of the US Government.

Whether the arrest of the diplomat violated Vienna Convention needs to be analysed dispassionately. It must be emphasized here that the arrest and treatment meted out to her in the entire episode before the release on bail to a greater extent has violated Article 41 of the Vienna Convention on Consular Relations. The Article highlights that consular officials are not liable to arrest, unless and until, the official has committed or landed up in cases of severe and grave crime. The Article, however, is silent on the definition of severe and grave crime and it depends upon respective States to interpret it in one’s own way.

It must be reiterated here that the Americans may not have made an assessment on the repercussions of such actions. How the US would have responded in such cases need to be also analysed? Therefore, India needs to review all the members of US diplomatic community both in the US embassy and Consulates whether any of their staffer has violated local legislation in India. New Delhi certainly requires to calibrate a well-grounded strategy to make its response as per the Article 41 of the Vienna Convention.

Regrettably, so far India’s responses have not shown its hard line position. The visit of a Congressional delegation at this juncture and it not being welcomed by political leaders does suggest a certain amount of annoyance, but doesn’t reflect India’s assertiveness. At the same time, New Delhi’s method of registering its protest by not meeting the US Congress delegation does not seem to augur well with India’s emerging power status. In fact, the Home Minister, the NSA and other political leaders should have met the delegation and voiced their concerns in the harshest possible manner. Such interactions with the Congressional delegation would have helped India in voicing its concerns and this would have certainly been seen positively by the rest of the world.

It is also unfortunate that so far none of the major powers have come forward and assured support to India. This again shows that New Delhi lacks a clout in the international system. It is like fighting a solo battle. Though in a way, this is correct at the same time, India by now should have mobilized a sizeable number of countries in its favour and could have condemned the US’ action collectively. The role of New Delhi’s foreign policy becomes paramount in this regard and needs to be proactive, especially when each of the members of the world community has been eyeing and debating India’s rise.

A collective condemnation would certainly have helped India in mounting pressure on the US for an apology and openly accepting their mistakes. Additionally, the measures taken by New Delhi so far do not demonstrate anything practically. New Delhi has demanded that all American diplomats in India need to turn in their identity cards for scrutiny. This does not augur well with the type of treatment the US has given to India’s diplomat. India has also asked that the US embassy and consulates need to provide the salary structure of all the Indians working with them as well as the salary structure of the Americans working outside the embassy and consulates. These responses will not help much in changing the US’ perception about India.

Importantly, if India really wants to be treated well then it requires signaling its assertiveness and fine tuning its diplomatic maneuvering so that such humiliation does not recur. New Delhi also needs to behave more professionally. Where is the need of keeping a maid in Manhattan if the diplomat is not paid in commensurate with the requirements? Nation States across the spectrum would be required to follow the Vienna Convention in letter and spirit and its interpretation needs to be done accordingly. In particular, diplomats need to understand the analysis part of the Convention threadbare. A group of experts both from strategic and legal community can help the Government of India in doing so, which would certainly help New Delhi in evolving an appropriate response to such arrogant and humiliating action of the US.

Indeed, the Indo-US diplomatic row has the potential of surpassing all proportions. India’s maturity will be seen in the context of resolving it in a restricted manner. It should not escalate and be blown into a complete political row as the other dimensions of Indo-US relations are equally important. Further, the mushrooming of Indo-US economic and strategic partnership over the years should not get impacted because of the diplomatic row. But, at the same time, India has to show its absolute displeasure and prevail upon the US in urging corrective measures and subsequent action. Reflection of toughness of India would again require a very measured proactive diplomacy. It should not be seen to be wanting. ---- INFA

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