Khobragade's attorneys emphasised that she has diplomatic immunity, whereas the federal law enforcement authorities have argued that her alleged visa fraud is not covered under the Vienna Convention.
“Under the Vienna Convention on Consular Relations, the Indian Deputy Consul General enjoys immunity from the jurisdiction of US courts only with respect to acts performed in the exercise of consular functions,” a US State Department spokesperson said.
Eminent Indian-American attorney Ravi Batra said in the absence of a category for diplomatic foreign domestic workers, which exempts them from US labour laws, including, wages and hours, American laws must be followed to avoid both criminal and civil liability.
“Foreign nations who pay their workers at or near US labour rates are free from this risk. However, of 194 countries, most nations are below US-mandated hours and wage standards, and to this later group's diplomatic corps - they remain at high risk to be in the cross-hairs of illegality and reputation-suicide,” Batra said.
After the arrest, US Assistant Secretary of State for South and Central Asia Nisha Desai Biswal discussed the matter with the Ministry of External Affairs and the Indian Embassy. Khobragade's attorneys emphasised that she has diplomatic immunity, whereas the federal law enforcement authorities have argued that her alleged visa fraud is not covered under the Vienna Convention.
“Under the Vienna Convention on Consular Relations, the Indian Deputy Consul General enjoys immunity from the jurisdiction of US courts only with respect to acts performed in the exercise of consular functions,” a US State Department spokesperson said.
Eminent Indian-American attorney Ravi Batra said in the absence of a category for diplomatic foreign domestic workers, which exempts them from US labour laws, including, wages and hours, American laws must be followed to avoid both criminal and civil liability.
“Foreign nations who pay their workers at or near US labour rates are free from this risk. However, of 194 countries, most nations are below US-mandated hours and wage standards, and to this later group's diplomatic corps - they remain at high risk to be in the cross-hairs of illegality and reputation-suicide,” Batra said.
