The Khobragade affair and American exceptionalism

During his visit to India in 2010 US President Barack Obama told the Indian parliament that the relationship between the US and India would be 'one of the defining partnerships of the 21st century.' It appears that this strategically important relationship has been considerably rattled by the ongoing diplomatic row over the arrest of Devyani Khobragade, India's Deputy Consul General in New York. Khobragade was apprehended for making a false statement on a US visa application about how much she paid her Indian nanny, after the domestic worker complained. Washington refuses to accept Delhi's argument that she is entitled to diplomatic immunity, Khobragade being a consular official.

But much of Delhi's fury and the public outcry in India also stem from the humiliating manner in which the arrest was made -- in public, after dropping her children off at school, we are told - and the information that she was strip searched, 'cavity searched,' and detained along with common criminals. Khobragade pleaded not guilty and was freed on bail of $250,000 after giving up her passport. The indictment against her is expected to be brought by the end of this week (Jan 12) as it has to be done within 30 days of the arrest.

Khobragade was transferred to the India's UN mission in the hope that her status there would allow her full diplomatic immunity. But the US has said it will go ahead with the charges anyway. This means the case will be frozen for the period of her UN tenure, but not killed, reports say. So while she may leave the US without being tried, she risks prosecution any time she returns.

India retaliates

In a public show of displeasure, India has retaliated by bulldozing security barricades outside the US embassy, downgrading privileges enjoyed by US diplomats and snubbing a US Congressional delegation. Among the top officials who refused to meet the delegation were Rahul Gandhi - expected to be Congress Party's prime ministerial candidate in this year's election, Narendra Modi -- the Opposition BJP's prime ministerial candidate, Meira Kumar - Speaker of Parliament and Shivshankar Menon -National Security Advisor. Menon has described Khobragade's treatment as 'despicable and barbaric.' Nirupama Rao, India's former ambassador to the US who earlier served as High Commissioner in Sri Lanka, is reported saying "This incident has created a crater in the bilateral relationship and we in India have reasons to protest the way we have."

The New Year message of Nancy Powell, US Ambassador in Delhi rang hollow in India. Powell said she joined Secretary of State John Kerry in expressing "regret for the circumstances of the consular officer's arrest." This fell short of India's demand for an apology, and that charges be dropped.

The US has shown surprise at the severity of India's reaction, asserting that it was simply playing by the rules. Did the US, in its handling of a vital player in its so-called 'pivot to Asia,' underestimate the damage that can be caused by wounding national pride, in South Asian politics? It remains to be seen how well the two sides will pick up the pieces. The State Department's deputy spokesperson Marie Harf told reporters Monday the US was focused on moving the relationship forward. "Obviously, there's a legal process that is ongoing; it's separate."

Meanwhile India's Defence Minister has told Indian media that the dispute would not affect the growing defence ties between the two countries. "Defence is a different sector. The Ministry of External Affairs is handling the issue [pertaining to the arrest]. It is not going to affect our defence relationship" he said, according to 'The Hindu.' It was barely three months ago that Prime Minister Manmohan Singh met Obama in Washington and they issued a groundbreaking Joint Statement on Defence Cooperation.

US doublespeak

The US's doublespeak in its handling of the Khobragade case becomes clear when seen in the light of a 2011 incident in Lahore. The US invoked immunity under the Vienna Convention on Diplomatic Relations to save Raymond Davis, a CIA contractor and former Blackwater employee, from being prosecuted in Pakistan after he gunned down two Pakistani men. Davis claimed they approached his car on a motor bike with the intent of robbery. A third man was also run over and killed by a US consulate vehicle that rushed to the scene presumably to rescue Davis. The US said Davis was attached to the 'technical and administrative' staff of their consulate. Among the items he was reportedly found to be carrying in addition to an illegal firearm, were a GPS, a telescope and a camera containing photographs of installations in 'prohibited areas.' Hardly the kind of stuff that a regular diplomat would carry around. Davis was eventually acquitted of all charges and left Pakistan in less than two months after paying blood money of $2.4 million to the families of the deceased. Shah Mehmood Qureshi, Pakistan's former Foreign Minister who strongly asserted that Davis should be subjected to the law, is believed to have lost his job over this issue.

Khobragade's offence is far less grave than the double count of murder that Davis faced in Lahore. The Khobragade case seems to exemplify yet another instance of US 'exceptionalism' by showing that foreign consular officers are subject to the laws of the land no matter what the circumstances, although the same yardstick does not apply to its own agents abroad, however dubious their activities.

While analysts mull the fallout of the diplomatic spat on foreign investment in India, some say the US is being overbearing even in trade related matters. "The US is good at armtwisting -- India is just playing their game" the president of the Indo-American chamber of Commerce Chella Srinivasan was quoted as saying by AFP. "The US government will realise we're following the same tactic the US has been using globally."