Devyani Khobragade, India's Deputy Consul General in New York, was arrested, strip searched and put in the cell with common, petty criminals and drug addicts by U.S. Attorney for Southern District of New York. This lead to outrage in Indian media, polity and public. In retaliation, the government of India withdrew airport passes issued to US diplomats and removed the traffic barricade on the road leading to the US embassy in New Delhi.
The alleged crime that Ms. Khobragade committed was that she underpaid her nanny. This is a serious crime not only in the US but also in India. There can be two different approaches to see whether the diplomat was correct in paying less than the prescribed minimum wage. The two approaches represent two different normative ethical theories: Deontology and Teleology. Deontological approach judges an action right or wrong based on the action's adherence to the set of rules. The rule prevailing in New York prescribe $7.25/hour for the workers who are not tipped and $4.90 to $5.65 for the workers who get tipped in various different industries. Ms. Khobragade was paying her nanny a wage of $ 3.31 per hour in addition to free lodging and boarding. In New York city, even basic boarding and lodging amenities would bring the nanny's hourly wage above $10 per hour, well above the wage rate specified by the law of the land. If you ask me, I say that the diplomat didn't underpay her nanny. One problem, however, remains that the New York law didn't specify the minimum hourly wage rate for which workers get free accommodation and food; therefore if one goes by the strict interpretation, $7.25/hr rate should have been paid to the nanny.
The second approach, teleology or consequentialism holds that the consequence of one's action is the fundamental basis for the judgment about the rightness of that action. The nanny was having a better life as the consequence of getting this job the diplomat. She was not held captive or worked unwillingly. She took this job with the full knowledge of perks associated with it. Clearly, the diplomat compensated her well. No mistake, one can attribute to the diplomat on the consequential principles.
Low enforcement agencies work on deontological principles. However, laws are made using consequential picture in the mind. Even if Ms. Khobragade is guilty based on strict deontological interpretation of law, she should not have been strip searched. I am saying it tot because she is a diplomat and enjoys privileges but because such procedures are inhuman in nature. To me, strip search and cavity search are violation of human body and mind and tatamount to rape. It should be done only in exceptional cases and not in all cases. This is not an excuse that the standard procedure was followed in her case. It is time that government of India should start protesting the human right violation of all suspects in the US. It is imperative that Government of India ensures that no one, particularly no Indians, should go through cavity search unless there is a specific need.
India is the most populous democracy and the US is most powerful democracy. The US needs India as much as India needs the US. Both governments should work together to get out of this mess because this mess, if not amicably resolved, has potential to put the US-India relationship in jeopardy.
The alleged crime that Ms. Khobragade committed was that she underpaid her nanny. This is a serious crime not only in the US but also in India. There can be two different approaches to see whether the diplomat was correct in paying less than the prescribed minimum wage. The two approaches represent two different normative ethical theories: Deontology and Teleology. Deontological approach judges an action right or wrong based on the action's adherence to the set of rules. The rule prevailing in New York prescribe $7.25/hour for the workers who are not tipped and $4.90 to $5.65 for the workers who get tipped in various different industries. Ms. Khobragade was paying her nanny a wage of $ 3.31 per hour in addition to free lodging and boarding. In New York city, even basic boarding and lodging amenities would bring the nanny's hourly wage above $10 per hour, well above the wage rate specified by the law of the land. If you ask me, I say that the diplomat didn't underpay her nanny. One problem, however, remains that the New York law didn't specify the minimum hourly wage rate for which workers get free accommodation and food; therefore if one goes by the strict interpretation, $7.25/hr rate should have been paid to the nanny.
The second approach, teleology or consequentialism holds that the consequence of one's action is the fundamental basis for the judgment about the rightness of that action. The nanny was having a better life as the consequence of getting this job the diplomat. She was not held captive or worked unwillingly. She took this job with the full knowledge of perks associated with it. Clearly, the diplomat compensated her well. No mistake, one can attribute to the diplomat on the consequential principles.
Low enforcement agencies work on deontological principles. However, laws are made using consequential picture in the mind. Even if Ms. Khobragade is guilty based on strict deontological interpretation of law, she should not have been strip searched. I am saying it tot because she is a diplomat and enjoys privileges but because such procedures are inhuman in nature. To me, strip search and cavity search are violation of human body and mind and tatamount to rape. It should be done only in exceptional cases and not in all cases. This is not an excuse that the standard procedure was followed in her case. It is time that government of India should start protesting the human right violation of all suspects in the US. It is imperative that Government of India ensures that no one, particularly no Indians, should go through cavity search unless there is a specific need.
India is the most populous democracy and the US is most powerful democracy. The US needs India as much as India needs the US. Both governments should work together to get out of this mess because this mess, if not amicably resolved, has potential to put the US-India relationship in jeopardy.
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