New Delhi has been credited with taking a strong stance on the Devyani Khobragade case. But there are discomfiting questions about why the Ministry of External Affairs allowed the matter to blow out of proportion in the first place
Even though the dust is yet to settle on the recent India-US diplomatic face-off, it is perhaps safe to assume that the storm has passed. Ms Devyani Khobragade, the Indian diplomat accused of visa fraud, has been moved from her position at the consulate in New York to India’s Permanent Mission to the United Nations — with the tacit approval of the US State Department — where she now enjoys full immunity from criminal prosecution. Washington, DC, has also exempt her from personal appearances in court and if everything goes according to plan, she will not have to deal with any more pesky law enforcement officials while in New York. Eventually, the Ministry of External Affairs will bring her home ostensibly with her “dignity restored”, as Mr Salman Khurshid promised Parliament last week.
As and when that happens, be prepared for yet another round of vacuous nationalism that can be matched in fervour only by the pointless patriotism that was once the staple at India-Pakistan cricket matches. Worse still, be prepared for a smug Ministry of External Affairs as it pats itself on the back for a job well done.
Indeed, South Block has mostly been praised by the media and the public at large for taking a strong stand on the Khobragade case which, as many commentators have rightly argued, stands on flimsy legal ground and violates diplomatic conventions. The diplomat’s arrest and incarceration, the primary bone of contention between India and the US, was a disastrous move on the part of the Americans, and even Washington has now sought to distance itself from the act by trying to pin the blame on the one Diplomatic Security Services agent who was responsible for apprehending Ms Khobragade. As for the charges against Ms Khobragade, any good lawyer worth his day in court will rip them to shreds — especially if he follows the same line of argument that the US itself has used on earlier occasions to invoke the Vienna Convention on Consular Relations so as to protect its own people in foreign shores.
Finally, as Mr Ashok Malik and Mr Abhijit Iyer-Mitra have explained in this newspaper over the past few days, the US State Department and India’s Ministry of External Affairs had an unwritten understanding regarding the employment of domestic staff. This was based on pragmatic considerations and diplomatic courtesies that went both ways. When the US cracked down on Ms Khobragade, India rightly viewed it as the latter reneging on its side of the deal.
Unacceptable as this breach in diplomatic code has been, New Delhi should have seen it coming. Twice before, our diplomats in New York have been pulled up by US authorities on this exact issue, and even though neither case was allowed to escalate, New Delhi should have been on guard. But clearly, South Block didn’t move fast enough to change the status quo, thereby putting our diplomats in a precarious position. This was the first mistake.
The second and far more damaging mistake has been the manner in which the Ministry of External Affairs allowed the matter to blow up in the public domain. Especially since much of this case is in the gray zone — a nudge-nudge-wink-wink agreement gone wrong is not exactly a compelling defence — it ideally should have been resolved away from the public eye. By allowing it to escalate into a full scale diplomatic crisis, New Delhi compounded Washington’s callousness and brought the crucial India-US bilateral under enormous strain. That this happened at a time when relations between the two countries had already hit a plateau of sorts — with the much-touted nuclear deal failing to take-off, the economic partnership seeming less attractive etc — has only made matters worse. Especially at the bureaucratic level, such an episode reinforces old notions of the two countries being in the different camps etc, and threatens the hard-won gains made in the bilateral over the past decade or so.
Also, New Delhi’s defence narrative of respect and dignity publicly pushed both parties onto the high moral ground. While on the one hand this exposed American double standards (the privileges they demand for their diplomats but do not care to accord to others is just one example), it also opened India to unnecessary criticism (no matter how flawed, prejudiced and ill-informed) about ‘slave labour’ and ‘class culture’. Sure, Indian society has its problems but so does every other society and nobody needs to be lectured on how to wash their dirty laundry.
So, why did the Ministry of External Affairs allow this case to blow up? Well, technically, it was Ms Khobragade’s father, a former IAS officer, who orchestrated the tamasha in India but it is highly unlikely that he did it all without the Ministry of External Affairs’s blessings. Yes, there were other factors too, such as a resentful foreign service cadre which played its part, but still the episode could not have so escalated without the express consent of the Ministry of External Affairs — which, of course, has now craftily presented this foreign policy fiasco as a foreign policy success!
Given the UPA’s poor track record in diplomacy and the Congress’s history of playing cynical politics, this begs the question: Under the garb of protecting national prestige, did the Ministry of External Affairs actually sacrifice our national interests so that the Congress-led regime could gain some easy brownie points in the run-up to the 2014 general election? Did the Congress seek to make up with cheap demagoguery what it has failed to offer in terms of good governance? Increasingly, this seems to be the case given how the Ministry of External Affairs is suddenly being hero-worshipped for baring its fangs and standing up to US bullying.
On a concluding note, however, it must be clarified that it is no one’s case that the Ministry of External Affairs should not have retaliated. To the contrary, it absolutely should have (more so, since the Richard family evacuation segment of this story is an insult to the India’s judicial system) — but not under the public glare. For instance, just like the common man knew nothing when American consular officials were given full diplomatic privileges over and above what was specified in the rule books, they didn’t have to be told when those measures were withdrawn. This would not have in any way blunted the Ministry of External Affairs’s diplomatic offensive but it would have saved the already strained India-US relationship from unnecessary pressure. But now, the whole thing just looks like a cheap pre-poll gimmick.
(This article was published in the op-ed section of The Pioneer on December 26, 2013)