learning from Hudhud Cyclone - Do's & don'ts of disaster management

In the last week of September 2014, there was news regarding an impending low pressure tropical cyclone “Hudhud” likely to hit coast of AP/Odisha on Oct 12. As I was waiting for posting in the State Government of Andhra Pradesh upon completion of my stint in Government of India, I was posted as Special Officer, relief and disaster management to be stationed in Visakhapatnam (vizag) in an order issued dated Oct 8, 2014 and to report there immediately. I accordingly reached Visakhapatnam on Oct 9 and had detailed review with concerned officials including District Collector, Commissioner of Police and DIG NDRF (National Disaster Response Force). There were number of video conferences with the state officials in Hyderabad and with the Cabinet Secretary along with Secretaries of various ministeries in Government of India.

Hudhud originated from a low pressure system that formed under the influence of an upper-air cyclonic circulation in the Andaman Sea on October 6. Hudhud intensified into a cyclonic storm on October 8 and as a Severe Cyclonic Storm on October 9. Hudhud underwent rapid deepening in the following days and was classified as a Very Severe Cyclonic Storm by the IMD. Shortly before landfall near Visakhapatnam (AP) on October 12, Hudhud reached its peak strength with wind speeds of 185-195 km/h (125-130 mph) and a minimum central pressure of 960 mbar (28.35 inHg). The system then drifted northwards towards  Uttar Pradesh & Nepal, causing widespread rains in both areas and heavy snowfall in the latter. I was staying in the circuit house and could feel the impact of Hudhud on early morning of Sunday (Oct 12) when the strong gale accompanied by rains kept hitting all windows furiously and rain water entered in the circuit house as a result. I couple of window panes broke as a result. As the day progressed, I realized the severe intensity of the cyclone. I did venture out couple of times and the vehicle was hit by heavy lashes and strong winds. I could with difficulty reach Collectorate by 9.30 am and was there throughout till late evening when the cyclone subsided. I hadn’t seen anything like this ever.  
 
 

 
 

 
 

 

 

 

 

 

 

The intensity was so severe that tree got uprooted, electrical poles fell down and hoardings flew in the air like kites. Hudhud caused extensive damage to the city of Visakhapatnam and the neighbouring districts of Vizianagaram and Srikakulam of Andhra Pradesh.

The relief and rescue work carried out, before, during and after the cyclone was exemplary and loss to human lives could be minimized as a result. It was a herculean effort during which more than 200,000 people were shifted to safer places (relief camp or other safe places) and as a result, the number of deaths could be minimized.

I would like to draw upon the learning based on the actual relief, rescue and rehabilitation. First, the positives based on the relief and rescue efforts.

The use of technology, in terms of tracking and monitoring the movement of cyclone, its direction, intensity and location, was perfect. The dynamic maps, posted by Indian meteorological department on its website as well as some of the sites maintained overseas, provided almost perfect information about the impending cyclone. When the cyclone actually struck the land at Kailashgiri Hills in Vizag city, it coincided with the likely timing, intensity and periodicity. It was due to this perfect knowledge in advance that all necessary efforts required for carrying out relief and rescue could be put in place. The vehicular movement on Chennai-Kolkata National Highway was stopped 16 hours in advance from Oct 11 onwards and this helped minimize the vehicular damages likely to have been caused by felling of trees and cables. People were informed at least 3 days in advance and they were kept continuously updated on cyclone’s progress and as a result, there was minimum movement on the day of cyclone. All Schools and other educational institutions were closed on Saturday ie a day in advance. The exact and near perfect information about the cyclone could thus prevent and minimize casualties in a very major way. This was also pointed out by the Prime Minister during his interaction with officials on Oct 14 in Vizag.

Sufficient availability of NDRF (National Disaster Response Force) in advance – Each unit of NDRF consists of 45 skilled personnel trained in carrying out first medical relief, tree cutting and rescue operations. A total of 15 units of NDRF were sent to AP and they were in position by Oct 10/11. A DIG level officer of NDRF monitored their operations from Vizag. The number of NDRF units was further increased to 24 and each team was further divided into two teams and thus we had at least 48-50 units in places. Their timely presence and flexibility in increasing their presence plus the commitment shown by them in carrying out relief and rescue work, esp getting the roads cleared by removing fallen trees was exemplary.

The coordination between the district administration, police, NDRF, Indian Navy and other state government departments was perfect and this enabled the district administration to evacuate a large number of people esp fisherman families from the low-lying coaster vulnerable villages to relief camps.

The immediate rushing of the Chief Minister of AP Mr Chandrababu Naidu on Oct 13, within 12 hours of Cyclone hitting the coast and his camping in Vizag for a week ensured that relief, rescue, rehabilitation and restoration work was carried out with an amazing speed and sincerity. While there are theoretical concerns with the presence of a VIP post disaster and whether it affects the relief work, I can, based on the experience of Hudhud in Vizag can confidently say that not only immediate relief in terms of ex-gratia distribution of rice and other civil supplies commodities could be arranged, the restoration work whether making roads traffic worthy by clearing the debris of fallen trees or restoration of electricity, which suffered massive damages due to falling of electrical poles and damages to sub-stations, could be carried out with an amazing speed.

In fact, at one point of time within 4 days of Cyclone hitting the city, there were 14000 skilled specialized field level personnel of electricity distribution company working day and night to restore electricity. In fact, most parts of the city had electricity restored within less than a week and this is truly praiseworthy. Further, as a result of his presence, the HODs of almost all line departments such as roads & building, municipal administration department, civil supplies, transport, medical & health and animal husbandry were camping in Vizag personally monitoring relief and rehabilitation work. Chief Minister’s presence speeded up restoration and helped built people confidence in administration.

Now, let’s look at the learnings and how some of the interventions could be improved.

When a natural disaster, of a magnitude such as Hudhud strikes, the effort of the administration on the eve of impending disaster is primarily focused on the rescue operations which include identifying vulnerable areas, setting up relief and rescue camps, shifting people to these camps and evacuation from the vulnerable areas. The underlying objective is to minimize losses whether its human casualties or damage and loss of properties. However, somewhere, in the process, the post disaster relief operations  gets neglected. A detailed micro-planning is therefore simultaneously needed not only for the rescue operations but also on the relief arrangements once the disaster has struck.

Civil Supplies and Food grains.
Stocking Civil Supplies requirements, esp rice, sugar, K oil and salt for the month’s requirement at each of the MLS points. Effort should be made to distribute the month’s quota, esp. for the October month when its more of an annual phenomenon, of rice, sugar & K oil in advance so that all card holders have the month’s supply with them. Additionally, MLS points can be filled with stocks for a month for the next month which can immediately be moved out in case ex-gratia supplies are announced.

The inventory availability of essential items, in addition, such as Dal, spices, salt and their stock situation for the district as well as all the neighboring districts can be ascertained and keep in ready condition so that the same can be moved in quickly if needed after the disaster.

Private traders/retailers/shopkeepers plus government/semi-government outlets can be advised to store all such items in sufficient quantity from July onwards and a strict vigil may be kept to ensure against hoardings and speculative price rise anticipating shortages. People can be asked to purchase such essential food-grains in advance for October so that everybody has them in the month of October.

Pruning of trees – the Prime Minister, during his review meeting with the District and State Officials in Vizag highlighted the need for pruning of trees and how a timely intervention in this regard, based on a scientific method could have prevented damages esp on the electrical installations and poles resulting due to falling of trees and their branches. It was observed that most of the heavy branches while coming down took along with electrical wires and poles too fell down as a result. In fact, the forest department and social forestry department along with Municipal Administration department can take up scientific pruning of all trees esp in the coastal belt and cities as a regular exercise in the month of April –July for all trees in commons /open areas /road side/ parks. They should also take up pruning of trees in private plots, based on individual requests, free of cost. Such as annual exercise will also enable fresh growth of greens and trees will be healthier and safe in the long run.  This has been one of the major learning.

Hoardings – it was observed that a major reason for damages was due to falling of the weak iron frame structures used for roadside hoardings. Municipalities, in order to get resources from advertising often permit indiscriminate hoardings on the roadside margins, traffic islands and other open spaces. There are no guidelines or standards for the kind of frames these hoardings should use and advertisers, in order to cut corners, compromise by putting very weak frame for these hoardings. It was seen that most of such hoardings fell down causing widespread damages to the nearby structures, vehicles and public installations such as electrical lines.  

 

 

 

 

 

 

 There are three learnings emanating – firstly, there should be no hoarding zones esp. vulnerable areas such as beach front roads/properties at least up to a kilometer from the beach. This prohibition should also be strictly implemented. Secondly, Municipal Administration Dept should come out with strict standards which must be mandatorily met by the advertisers while putting up these hoardings. The primary focus of these standards should be strength of the support frame and locations on which hoardings can be put up. This will prevent the likely damages in future significantly. Thirdly, all hoardings should necessarily be brought down by the advertisers at their own cost at least 10 days before the intended disaster when early warnings have been issued. They can be put up again after the disaster has passed through.

A similar exercise, prescribing strict standards for the display boards which are put up in front of every shop should be taken up. It was seen that lot of damages were caused when most of these display boards, along with their electrical fittings fell down in front of such shops and posed great danger to post disaster relief operations due to littering of dangerous material such as cut-glasses, electrical fittings and display material with sharp edges. There are no specifications at present and shops/suppliers of such display boards put up flimsy though attractive material just to save on cost. 

District level postings esp at the level of those heading should be filled up – A number of crucial positions such as the position of municipal commissioner, Vizag municipal corporation, VC Vizag Urban Development Authority (VUDA) and Police Commissioner, Vizag city were vacant at the time of cyclone. In addition, the Joint Collector was under orders of transfer and waiting to be relieved. While the situation is one of the those rare ones arising perhaps due to the division of the State and confusion regarding cadre allocation of senior civil servants and police officials, the absence of such important officials at the top in district administration did impact the relief measures in a major way. The impact perhaps was most severe in Vizag Municipal Corporation which suffered from serious lack of coordination and a situation where most of field level staff esp in health and sanitation wing either stayed away from duty or had a complete lackadaisical attitude towards cleaning of the city. It led to a situation where debris and garbage continued to lie on roads and it was NDRF teams and workers sent from other municipalities who were busy clearing the debris from roads.  Such a situation can be avoided if all top level positions in the districts are filled up in time.

Need for a detailed micro-level planning at the district level – while district collector and his team of officials did a yeoman service and worked round the clock, it was, at some level, more a reaction to an emerging emergency situation from time to time and their efforts could have been better put in place if there was a detailed micro level planning done in advance. To give an illustration, there was no planning done to decide on parking of vehicles coming from other districts carrying relief material such as packed food, water and milk sachets, the areas requiring distribution of these materials and the distribution plan. There was utter chaos on the day after the cyclone when trucks carrying packed food and milk came right in front of collectorate and there were looted immediately by the mob in a near stampede situation. This caused tremendous embarrassment to all other efforts which were done. The situation could have been totally avoided if it was planned in advance where the trucks will be parked (preferably at the entrance of the city), the division of material received based on where it needs to be sent (relief camp wise and areas which were vulnerable or where slums are located and were affected) and the man-power planning for carrying out this entire exercise. It would have been best if this exercise was done in advance and officials put in place accordingly and the entire exercise could be scaled up depending upon the gravity of damage.

Detailed manpower planning and deployment plan is needed thus for the following such situations:

1.      Receipt of relief material (food packets/water & Milk sachets), its storage, re-segregation based on end use requirement, and its transportation plan 

2.     Receiving and distributing civil supplies material (ex-gratia announcements of rice etc) from other districts, the exact transportation plan till the FPS level and the entire logistics needed therein

3.     A detailed plan is also needed for forming teams consisting of members of NDRF, Police, Municipality and Electricity department for road clearance. This can be done in advance or immediately after such disasters and municipal commissioner should be in charge of such an exercise.

4.    The municipal corporation must ensure that there is no letup clearance of garbage etc and that teams are in place and working.

5.    At the State level, HODs of electricity department, civil supplies department, medical and health department should plan for the material and manpower requirements as needed for restoration of electrical installations, civil supplies requirements and medical and health needs. While the actual requirements will vary depending upon the impact, advance planning and manpower and material placements will be extremely useful in speeding up relief efforts. Specifically, electrical materials such as additional poles, wires and other material required for restoring sub-stations can be stored in such vulnerable districts in vulnerable months (for Sept-Oct months) in advance.

6.       Teams required for carrying out enumeration of damages and their immediate deployment at the earliest. State Government was extremely prompt in doing this and the enumeration was carried out in record time. However, all efforts must be made to ensure cent percent enumeration as number of complaints comes in regarding incomplete or wrong enumeration.

Need for insurance cover – the coastal belt in AP as well as some of the neighboring states have a long history of cyclones and associated natural disasters striking at regular intervals. In fact, cyclone warnings are issued almost every October in the coastal belt. The damages that occurred as a result of Hudhud cyclone can broadly be classified into four categories (i) damages to public properties and installations such as roads, electrical installations, trees; (ii) damages to individual properties which was mainly private vehicles (cars/auto-rickshaws/two wheelers) and breaking of glass panes of windows or damage to property due to the impact of a fall of a tree/pole; a major damage within private property category is fishing boats and equipment such net;(iii) damages to agriculture fields with standing crops and horticulture plantations including coconut trees and (iv) damages to public sector undertakings including buildings of the state governments (collectorate for instance), Vizag Steel Plant, Naval installations etc. Most of these damages, except four wheeled private vehicles such as cars, are not insured and as a result, the financial impact of such damages came directly on the owner of such properties.

 

 

 

 

 

 

 

 

While the state government has been prompt enough to announce ex-gratia relief pertaining to crop including horticulture crop damages, losses to fishermen and damages to kutcha houses, the fact remains that the owner will have to bear the loss in most of the other categories whether it’s a private individual or an institution. It is also a fact that this will cost a huge burden on the state government.

All this point to an urgent pressing need to bring in maximum number of properties and other instruments which are insurable under the insurance cover. The general insurance companies do provide insurance cover for properties, vehicles, agriculture crops and against natural disasters and individual losses and the disastrous financial impact of such a calamity can be minimized if there’s insurance cover.

A drive thus needs to be taken up for providing insurance cover to (i) the entire agriculture area cropped during the kharif season including horticulture crops – the state government can be a facilitator between the agriculturists and AICL (a Government of India insurance company exclusively for the purpose of agriculture insurance); (ii) vehicular insurance including two wheelers and third party insurance of three-wheelers auto-rickshaws as well as fishing vessels (iii) individual properties such as houses; (iv) Government /institutional properties such as Collectorate building etc. A team at the state government level can be constituted now and it will carry out the task of maximizing insurance cover in the entire coastal belt.

Such a move would not only imply for covering of losses of individuals including farmers and timely compensation, it would ultimately imply a huge saving for the state government.  In fact, the premium of providing such insurance cover could be on a sharing basis between the individual and the state government (on a pre-determined transparent criteria depending upon the category) as the state government’s portion of this entire premium will be fraction of what’s being paid as ex-gratia.

Need to relook at the building designs and material being used in such cyclone prone areas –

 Vizag airport which was recently opened and was state of the art on par with any other new airports is a modern building whose outer façade on all sides primarily was glass. A look at the damage caused to the airport building by the cyclone where all glasses as well as the roof of the building was destroyed and literally blown away, is scary. It’s as if only the skeleton remains while the cover has been taken off. Similar damages, of structures, which had relied heavily on glass material have been observed in the city whether it’s a prominent hotel or individual houses.
 
 This raises a question whether the town and country planning should not prescribe the building types and materials to be used in such cyclone prone areas and thereby ban the usage of certain types of construction material?

 It's been truly a very humbling experience facing nature's fury in a disaster such as Hudhud cyclone. However, proper planning, use of technology, inter-department coordination, detailed micro level planning and ability to plan in advance will help minimize damages and restore facilities at the earliest.

A detailed suggestive checklist for district administration's preparedness to meet any challenges arising out of such a natural disaster and to be in a state of readiness so as to minimize the losses and also to ensure that relief is provided immediately and restoration is taken up in the shortest possible time, can be seen here. A copy has been sent to all coastal District Collectors in AP and also the Head of Departments in the state capital. In addition, at the state level, care may also be taken to ensure that some of the key functionaries such as Commissioner, Relief is exempted from taking up any other assignment which implies his absence from the office such as that of Election Observer's

"Conflict of interest"? - depends which side one is talking from.....

I still recall the terminal 1D in Delhi which was exclusively meant for Indian Airlines flights while all other private airlines, including Jet and others were made to use the cramped lounge nearby (at that time). 1D was very well kept and has an ambience of soothing peace. It was thus very surprising as to how Kingfisher Airlines got access to 1D even though it was the last entry as private airlines. The fact that the owner of Kingfisher happened to be a Member of Parliament was a mere coincidence.

 also sometimes wonder with absolute frustration why & how, even the most respected role models don’t think twice while indulging in blatantly without even acknowledging it as a conflict. Take the case of the role model, an icon and a leader, Mr. Narayan Murthy of Infosys. For long, he is seen as someone who guides millions of Indians, especially the younger generation on the path of righteousness and hope. I was surprised (the least of expressions I can use decently) when it appeared one day that he has appointed his son (of course, otherwise qualified and totally eligible to get such a job) as his executive assistant in the company (and now the Vice President!). To me, it was a big disappointment and a let down from a man I used to consider as an ideal.

The idea of conflict of interest has a kaleidoscopic quality.  I guess while most of us do know the meaning of conflict of interest, we normally choose to keep quiet or look the other way (“hame kya” or “why should we get into this” mentality).

 

I guess, for most of the powerful and those who are in position of power, the expression ‘conflict of interest’ is a misfit. For them, being a parent, a businessman, a party official, a husband, a trustee of a few communities are the same thing. We Indians live in world of “and” and relish being in that position. For him, there is no conflict of interest - there is only maximization of or juggling interests. One uses kinship to maximize business, one uses one’s business to manipulate others.  The idea of conflict of interest is seen as “hyena” term. It is a word used to stalk people.

Conflict of interest is part of the consensual and legal package of modernity.  For the 3.8 million Indians in the US and many more millions back home, Rajat Kumar Gupta, the three time managing director of Mckinsey’s was an icon of what every Indian in US wanted to be. Yet the saga of how he was drawn into Rajaratnam’s web of “insiders” will remain a mystery which ended up destroying him completely. But for most Indians, the conflict of interest was a minor flaw in his otherwise seamlessly successful career.

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To me, it defines how there are no rules when it comes to “I, me & myself”.  What is a conflict of interest?

Conflict of interest refers to a situation in which a decision a person takes has the power of enriching him or his relatives or friends and is because of the position he holds or can influence upon. It implies a person can’t take a rational decision based on objective criterion, motivated as he is to nurture his personal interests. A conflict of interest doesn’t always mean the decision-maker is guilty of financial impropriety. But it almost always raises the question whether the decision he took had the impulse personal gains driving him. In other words, the issue of conflict of interest is pertinent as its absence helps away situations conducive to corruption. The impulse to earn money is human. But this impulse becomes illegitimate when you exercise the power vested in you to promote the larger good, to further your interests.

Media interests in the subject suggest that we are treating it as a new phenomenon. The issue has never really troubled anyone in the power corridors of Delhi. Although questions have arisen from time to time about the curious overlap between the personal and the public, the ruling elite whether political or bureaucratic, has always managed to sidestep controversy while reaping and encashing their power and influence in this game of conflict of interest.

Vested interests thrive in confusion and conflict of interest is one area best left colored in several shades of gray. And if ever it needs to be defined in black and white, everyone binds together to protect their collective interest. It baffles me how the person in position of power and as decision maker, decide in his own case or for his folks?

Perhaps therein you can see why we care two hoots for conflict of interest. Extremely hierarchical as our society is, duly reflected in its institutions, power is vested in a few. They employ the power not only to enrich themselves, but to also buy out dissenters or oust them from their fold.   A conspiracy of silence ensues. I realize the craze to get into in Boards of Banks and other Financial Institutions sometime is because the said member can use his position to get project proposals decision making influenced in a manner where he stands to gain financially or otherwise.

While the conflict of interest is most at the top, it’s all pervasive at all levels. It’s a matter of opportunity. It’s not difficult to find somebody in a position of power to get a contract awarded to a firm which is somehow linked to him/his kin.

The underlying reason for the Conflict of interest is common considered interests of the parties- the benefactor and the beneficiary and it could be due to blood relations, kinships and any other close affinity arising due to caste, class, race, creed, nationality, colour, commonality of end product and other such reasons.

Is this only with us Indians or more prevalent? It certainly is not just confined to Indians alone. Take the case of David Coleman Headley (born Daood Sayed Gilani), a Pakistani American terrorist and a spy who was the mastermind in plotting the 2008 (26/11) Mumbai attacks which killed about 365 innocent citizens. Even as US continues to be one of the strongest proponents of action against terrorism and there are sufficient proof and evidence against David, US has not heeded to India's request of extraditing him to India for trial for his involvement. And why? Apparently, because he is an important link to LeT and other terrorist groups operating in Pakistan-Afghanistan border and provides crucial information to US in this regard! 

Is there a way out? I doubt. The legal framework is weak and lacks clarity when it comes to defining conflict of interest and to prove it. And self-discipline in the country based on a conscientious judgment is almost missing. Refusal or rebuttal thus, despite clear involvement, is easy and often resorted to. 

It depends on our conscience. I have come across some (number isn’t large but they are there) officers and gentlemen who ensure that they won’t indulge in any conflict of interest and have moved out of a situation. One feels good in such situation. I wish there are more of us who can draw our lines and live with dignity and respect officially.

Our misplaced & juvenile outrage - a hyped case of Devyani Khobragade

(these are my personal views based on the information available in public domain. I would love to be corrected on factual inaccuracies, if any)
(I could have taken a 'safer' middle path while analysing this issue - basically meaning not taking a stand and sounding politically correct. I have deliberately chosen to take a stand, considered extreme and unfair by some, which analysis the issue from a devil's advocate viewpoint- what if this was true!)  

George Clemenceau, an early 20th century French PM famously said "war is too important a matter to be left to the generals" (TOI dated Jan 11, 2014). Here is a case of an individual who has put relations of India and US at stake for some silly stupid mess she created in her private capacity. And brethren of her feudal service, in a clear case of conflict of interest, continue to serve their own limited personal interests rather than what's fair & appropriate and what's good for the country.
The larger issue is - should foreign policy of the country be left to service diplomats? Have they not caused serious dent in our image as a nation with mature outlook by indulging in petty juvenile tactics which media is too eager to catch on to whip up gullible frenzy on primetime?

The ongoing case of the alleged & perceived “high-handedness” by the American authorities with an Indian “Diplomat” Ms Devyani Khobragade (DK henceforth) presents an intriguing case of foreign diplomacy, role of media especially electronic media, political compulsions of parties desperate for an issue which would strike a chord with voters and how a nation’s opinion can be whipped up in a frenzy with utter disregard to facts and laws!

The version which was brought out in Indian media is that Ms Devyani Khobragade (DK), a 1999 batch officer of the prestigious Indian Foreign Service (IFS) and a diplomat, posted in New York in Indian Consulate as Deputy Counsel General was handcuffed and arrested by New York Police Department on alleged visa fraud charges and underpayment to her house keeper Sangeeta Richard (SR) while she was dropping her daughter to school on December 12, 2013. She was later released on a $250,000 bond. In her mail sent to her colleagues, DK has alleged that during the interrogation process, she was “strip and cavity searched” and was made to stand along with other criminals and that US authorities didn’t take cognizance of her diplomatic immunity into consideration.

There has been uproar in Indian media since then. People in India are incensed over the manner a Diplomat, having immunity, a woman and a mother was saree-searched and arrested. People feel it’s a national shame and a major dent in nation’s dignity. It has somehow become a matter of nation’s pride and a momentum is being built up that its time India can’t be taken as a banana republic and should retort in the same language to US. One of the central ministers has said that “I won’t return to Parliament if I do not restore the dignity of our diplomat”.  The frenzy that’s been built up during the last ten days is almost akin to a war in the name of restoring the dignity of a woman diplomat. In Indian media, US is being pressurized not only to “express regret” and “apologize unconditionally” but also” withdraw cases” charged upon DK.

Let’s examine what are the actual facts, whether there has been a violation of immunity granted to a Diplomat, whether the dignity of a woman diplomat was compromised, whether US is wrong in what it did and whether the hysterical frenzy in India has any basis? DK, in her email to higher authorities called on the Indian government to preserve the dignity of the country's diplomatic service which was "unquestionably under siege".  Indian Foreign Secretary summoned the US ambassador to India Nancy Powell and told her the "humiliation" was "absolutely unacceptable". For me, the crucial issue is whether all this happened what’s pointed out by DK in her email and in the manner as described?

Let me take up issues in question-answer form and try & unravel the mystery.

1.     What are the charges levied against DK on which NYPD acted and whether it was a sudden, unannounced and unanticipated one –sided action by them ?

As per the US immigration rules, a declaration form has to be filled in while applying for visa of the domestic help intended for the diplomat. This form contain details about the service conditions of the domestic help, hours of work, remuneration to be given (which should comply with the minimum wages in US) and so on.
DK paid lesser than what was declared to her domestic maid SR and made her to work longer hours. The fact she paid less has been acknowledged but ignored as something which is routinely done by Indian diplomats. It wasn’t sudden as the US authorities had been in touch with US consulate and did inform in writing in September about the violations.

Conclusion – There are violations under the US laws indulged in by DK!

2.       Did DK, being a “high ranking” (as media often quotes) Diplomat has an immunity granted which was dis-regarded by US authorities while initiating action against her?

What I understand that while there is an immunity granted to Diplomats working in Indian Embassies and High Commissions, the same is not available for Diplomats working in Consulates. DK was working as Dy Counsel General in NY and was not having the required immunity thus. The mere fact of being a Diplomat doesn’t automatically entitle one to have immunity. Otherwise, what else can explain the swiftness with which DK was transferred from the office of Counsel General to the office of permanent mission of India in UN in NY? She will have immunity in UN which wasn’t there otherwise in her posting as Dy Counsel General.

Conclusion – DK didn’t have diplomatic immunity at the time of arrest as required which would have prevented her arrest. She had a limited immunity which wasn’t applicable in the case under consideration!

ps - Newspapers on December 26, have pointed out that DK was also accredited as an "advisor to the permanent mission of India to the UN" by the UN from Aug 26, 2013 which was valid till December 31 and by virtue of this, she had full diplomatic immunity at the time of arrest. Her arrest thus was "contrary to her status on that date" sources said. I wish all this is true though the question remains as to why this fact hasn't been brought out till now!

3.       Was DK “hand-cuffed” while she was on her way to drop her daughter to school early morning? Was she strip-searched? Was she made to undergo “cavity search” and “DNA swab”? Was she treated in an in-human condition?

The Indian media, based perhaps on DK’s email to her colleagues, has been highlighting the high handed behavior of NYPD authorities – more specifically, how she was hand-cuffed (without any notice when she was on her way to drop her daughter at the school early morning), how she was strip searched and how she was made to undergo cavity search and exposed to DNA swabbing.
If true, any Indian or for that matter anybody would feel incensed on such a harsh and cruel treatment being meted out to a woman, a mother (especially in front of her daughter in the school when she was dropping her)! One would also feel angry why she was strip searched and made to undergo cavity searched? After all, she is not a criminal or a fugitive. Why should she be arrested?  DK in her email said she stressed to arresting authorities that she had diplomatic immunity but was still subjected to repeated searches.

"I must admit that I broke down many times as the indignities of repeated handcuffing, stripping and cavity searches, swabbing, in a hold-up with common criminals and drug addicts were all being imposed upon me despite my incessant assertions of immunity,"

The crucial question is – whether she was handcuffed?  Whether she was made to undergo cavity search? & DNA swabbing? 

The US attorney Mr Preet Bharara says that DK was never handcuffed during the entire process.  She wasn’t made to undergo cavity search process. She was strip searched by a US lady Marshall which is the practice for any legal process under the circumstances.  “From what we have been able to confirm, a strip search did take place. However, no cavity search took place,” Nikki Credic, spokesperson for the US MarshalService confirmed. Devyani has claimed she was subjected to a strip search as well as a cavity search. Credic said, “There is a difference between the two. She (DK) may not know the difference. But whatever happened was all as per rules.”.

About Devyani’s claim of being placed in the same cell as drug addicts, Credic replied she was “placed in a cell with other female defendants awaiting court proceedings”. The USMS, Southern District of New York, handled Khobragade’s intake and detention in accordance with USMS Policy Directives and Protocols.”

Now, DK says she was handcuffed and cavity searched while the US authorities say she wasn’t. Who do we trust? We have a dilemma.

It’s sheer coincidence that around the same time, the judicial commission in India enquiring into the “Adarsh” Housing Society allocation scam have come out with their report (on December 20, 2013). Interestingly, both DK and her father, a conferred IAS officer now retired, had a flat each in the said Society and DK in her affidavit to Government has not mentioned details about Rs 20 lakhs differential while buying the flat (the allocation itself is contentious because of the dubious role of her father in granting extra FSI to the building while he was still in service). Such a suppression of information is prima facie malafide.

There are reports in media that DK undertook another declaration from SR, hiding some key provisions esp. those relating to minimum wages, her rights as a domestic servant and overtime etc.

Why am I mentioning these extraneous factors? Well, to make out a case that between the two, I would put my money on US attorney Mr. Bharara.  On a question of who’s telling the truth and presenting a correct picture. It’s very easy, under such circumstances, for DK to whip up public sympathy and emotions by presenting a picture as she has. I will not be surprised if the US authorities have a video of the entire proceedings, right from her arrest till her release!

Conclusion – DK (the woman, the mother, the diplomat) was never handcuffed, never cavity searched and was accorded all necessary courtesies, much more than what’s available to others under the circumstances!

4.       Is this an issue just about Devyani?

         Is Devyani India and is India Devyani?

         What about the maid?

Media in India has only portrayed DK as the victim in this case. There is frustration and disappointment that the media (and the officials) has portrayed this story in the way that they have. The crime (the visa fraud, underpayment, fudging documents and exploitation of the maid as alleged by the victim and her lawyers) in the case is being “overshadowed” and the focus should be on the “crimes that were committed rather than on the criminal defendant”.    

Ruchir Gupta, in “the Hindu” has pointed out that India unfortunately had two standards in this case: one for what a middle-class woman needs and feels and another for what a working-class woman needs and feels. India has two citizens in this case, not one — Devyani Khobragade and Sangeeta Richard. India needs to stand by both. Both are looking for protection from unfair treatment. However, one is being blamed for speaking up while the other has been turned into a heroine, whose honour is tied up with India’s honour. Ms. Richard not only had to work for Ms. Khobragade in New York for less than the legal minimum wage but was also forced to sign documents saying she was earning more. When she objected and left her employment, her family in Delhi was threatened and cases were filed against her in a Delhi court for flouting her visa conditions.  While India has rightfully objected to the treatment of its diplomat, it needs to address the fact that she broke the law of the host country she was posted to.

The diplomat not only did not pay legal wages, she also falsified documents and then tried to intimidate the victim’s family by filing a case in the Delhi High Court. If Ms. Richard “stole” money and a phone as the Indian embassy press release says, then a police case ought to have been filed in New York and not Delhi, a city where Ms. Khobragade has connections and influence.  The victim and her family were hiding in fear of retaliation by Ms. Khobragade’s family and the government till they left Delhi for New York (am not surprised seeing the “very aggressive” Mr Khobragade, the father of DK on NDTV debate aired on December 22, 2013)

5.       Is there a class divide in favour of the rich, influential and media savvy?

Shekhar Gupta, in his editorial “Our Indian Feudal Class” in IE dated December 21, 2013, has pointed out that the issue involves three tricky issues – class, caste and caste. Class because in a row between master and servant, class will always triumph. Caste because DK is a dalit and so the insult is compounded and caste again because in the caste hierarchy of bureaucracy, the highest caste of all is the IFS.

This class divide has influenced our reactions to both women. Our anger against Ms. Richard is based on our own sense of entitlement over the poor and the working class. We feel betrayed when they ask for anything that we have not conferred on them out of the “largeness” of our hearts (instead of being thankful that she got a chance to work in the US of A, how dare she questions her less wages and long working hours? How can US authorities airlift her family from India? Oh, it means that all of them are now going to be permanently in US!!).  We have two standards for what a middle-class woman needs and feels and what a working-class woman needs and feels. While we are quick to point out that the salaries of our foreign diplomats need to be raised so that they can afford to pay their domestic help according to U.S. standards, we omit to note that we have no minimum wages in India for our own domestic help. Routinely, domestic helps in India are exploited in terms of no. of working hours, pay, living conditions and leave. Live-in help in middle-class India usually work round the clock.

Perhaps that is why Ms. Khobragade did not feel she was doing anything wrong in breaking the U.S. law. Her outlook was conditioned and normalized by the working conditions of domestic help in India. Patriotism is not just about standing by the rich and powerful but about standing by Gandhi’s “last” (the poorest and weakest) individual or Ambedkar’s Dalit (oppressed) person.  It is in a way such a paradoxical situation that the ‘dalit’ (oppressed person – SR in this case) is being oppressed by a ‘Dalit’ !

6.       Role of the ambitious (totally negative connotation as per Indian media) Mr. Preet Bhara, US attorney and his ‘anti India’ stand  (How dare somebody born in India work against Indians even when they are at the wrong end of law!)

A lot of mud has been thrown in Indian media on Mr Preet Bharara over his alleged anti-Indian stand in this case and him being "anti-Indian" in general. Infact, a case is being made out as if, in order to prove his loyalty (in his ambitious climb to lay his claims for higher positions), he has been going after Indians deliberately! Take the case of Rajat Gupta! In fact, Mr Bharara is often called as Sherriff of the Wall Street.  
 

But what are the facts? – Mr Bharara, issued a three page statement clarifying some of issues as appearing in the media.

“This office’s sole motivation in this case, as in all cases, is to uphold the rule of law, protect victims, and hold accountable anyone who breaks the law — no matter what their societal status and no matter how powerful, rich or connected they are,” he  has said.  (anything wrong ?)

Bharara said Khobragade evaded US laws designed to protect the domestic employees of diplomats and consular officers from exploitation. He has rebutted reports of the diplomat not being given proper treatment and has denied that she was arrested in front of her children and handcuffed.  He said there has been “misinformation and factual inaccuracy” in the reporting on the Khobragade case which is “creating an inflammatory atmosphere”. 

Accusing Khobragade of fraud, Bharara said: “Not only did she try to evade the law, but as further alleged, she caused the victim and her spouse to attest to false documents and be a part of her scheme to lie to US government officials... So it is alleged not merely that she sought to evade the law, but that she affirmatively created false documents and went ahead with lying to the US government about what she was doing”. Further,  “One wonders whether any government would not take action regarding false documents being submitted to it in order to bring immigrants into the country. One wonders even more pointedly whether any government would not take action regarding that alleged conduct where the purpose of the scheme was to unfairly treat a domestic worker in ways that violate the law. And one wonders why there is so much outrage about the alleged treatment of the Indian national accused of perpetrating these acts, but precious little outrage about the alleged treatment of the Indian victim and her spouse?”.

 He added that as the alleged conduct of Khobragade makes clear, “there can be no plausible claim that this case was somehow unexpected or an injustice.”

He said while the law is clearly set forth on the State Department website, there have been other public cases in the United States involving other countries, and some involving India, where the mistreatment of domestic workers by diplomats or consular officers was charged criminally.

This being so, why are we Indians feeling so agitated with him? The Indian media has made him some sort of “DESH-DROHI” , a traitor ! And why? Just because he is of Indian origin? The fact that he is a US attorney doesn’t cut any ice with us?  Does that mean he should ignore the illegalities indulged in by “Indians or Indian origin people in US”? As US attorney, is it not his duty to ensure that law of the land is upheld?  He must be getting number of cases and if few pertain to Indians, should we doubt his credentials? If at all, I would credit him for doing his job perfectly. Some people in media have raised questions about his clarification and the authority under which it was issued. To me, he is simply trying to dispel the factual inaccuracies in the case and thereby making as effort to thaw the enraged feelings arisen due to misinformation. What’s wrong with it?

7.       Have we (as Indians) over-reacted?

Indian diplomacy, in Shekhar Gupta’s words, has a well-deserved reputation for conservative understatedness. One would rarely see an Indian diplomat grandstanding or headline-hunting.  What can in that case explain such a radical shift in the style and manner of such a classy, sophisticated and patient foreign bureaucracy? Words like “barbaric, despicable, inhuman, perfidy, betrayal, withdraw-all-charges-and-apologize” do not generally belong to foreign diplomatic vocabulary and generally the domain of TV anchors intent on ‘breaking news’!

"India is siding with a woman who was in the wrong who lied, paid her help poorly and now is brazen enough to claim that she should not be treated like a criminal," said a column in The Washington Post titled 'Why India is upset about Devyani Khobragade, and why it's wrong'. The New York Times criticized the Indian government for its stand on Khobragade - "India's overwrought reaction to the arrest of one of its diplomats in the US is unworthy of a democratic movement,". It further says that  "Officials in New Delhi have inflamed anti-American outrage instead of calling for justice, especially for the domestic worker who is at the heart of the case."

The editorial titled 'India's Misplaced Outrage' claimed even more disturbing was the fact that Indian officials would take extreme steps to retaliate for the arrest, such as removing security barriers at the US Embassy in New Delhi.  "Despite the way many Indians seem to view the case, it is not a challenge to India's honour. It is a charge against one diplomat accused of submitting false documents to evade the law. Ms. Khobragade's lawyer said she would plead not guilty and challenge the arrest on the grounds of diplomatic immunity, which prosecutors say does not apply in this case," the daily said.

This has not been the first case of this nature. There have been two similar incidents in the past in US and a more ghastly one which happened to an Indian diplomat in Birmingham, UK. The issue which remains unresolved in my mind is why should a responsible democracy like us inflame the situation without even establishing the veracity of facts? It certainly doesn’t speak of a mature diplomacy.

Let’s examine why? I have two immediate reasons coming to my mind:

i)                 The Lok Sabha parliamentary elections are round the corner and political parties are desperately looking for a reason which can unite the voters on a common cause the party is espousing for. Fuelling hyper-patriotism at this juncture will strike an emotional chord with voters !

ii)               The IFS fraternity, realizing that it could happen to any of them, have got united and taken it up as an issue requiring immediate action by the Government of India. There has been a demand by the IFS fraternity to include India- based domestic assistants (IDBA) under the IFS service rules which would facilitate taking such domestic help ‘legally’ without subverting the system. Much has been said about Khobragade's salary not good enough to pay Richard the minimum wage of $7.25 an hour ($8 from next year). But no one is entitled to a domestic worker. And why should an Indian tax payer pay for such luxury?

8.       Role of DK’s father?

I must admit that the comic touch in the entire episode has been Mr Uttam Khobragade, father of DK! One can’t miss his ‘conspiracy theory’ (By whom? Against whom?) and verbal avalanche on the injustice being meted out to his traumatized daughter (plush posting in NY, now to UN permanent mission) by the US and why India should keep fighting for the dignity of his daughter! (what about poor maid Saar?...does she exists?
The most hilarious part has been his threat to go on hunger strike till justice is done to his daughter! Mr Khobragade for those of us not aware, he is a retired IAS officer (conferred) from Maharastra, has got two flats in the controversial Adarsh Society (meant for the families of Kargil war victims) and prominently occurs in the report pertaining to the scam. There are at least 12 properties (land and flats) officially declared by DK most of which are inherited from her father. The queries by some of the print media (HT for one) regarding the source of income have gone unanswered. Newspapers also assert that he has political ambitions and has often used his clout (!) in favor of her daughter whether it’s regarding her postings or the preferential treatment accorded to her. More on him here if one is interested.

It’s totally unfathomable to me as to why he is jumping around like a cat on a hot pan, shuffling from one channel to another and trying to hog the newly found glory. I also wonder why he never looks at the camera straight (looking into the eyes as they say!). Perhaps he wishes all that’s done so far (Adarsh etc) will be forgotten in this excitement. Only time will tell. But to listen to his tirades on primetime (you must watch him on NDTV for his sheer threatening arrogance and incomprehensible logic) is a sorry state of our stand if that’s how it is.

9.       So, have these “strong protests” and “Indian patriotism” made any difference?

Not to the best of my knowledge. All this talk of “withdraw the cases and apologize” hasn’t cut any ice with US authorities so far. The US has ruled out acceding to either of the two Indian demands -withdrawal of charges against DK and an apology for alleged mistreatment, after her arrest in New York last week. "We take these allegations very seriously. We're not in any way walking back from those allegations or the charges. Again, this is really a law enforcement issue," the US State Department spokesperson, Marie Harf said. "We certainly take these types of allegations very seriously though. It's not a decision for us whether to prosecute or not," Harf said. She called "highly inaccurate" India's allegations that the United States did not respond to the series of letters and communications that were made by it.

They are yet to receive any request from Indian Government with regard to transfer of Khobragade to India's Permanent Mission to the UN, she said. India had said that this move would give her the necessary diplomatic immunity. Harf, however, said this immunity would not be retroactive. "Generally speaking, if there's a change in immunity, because of a different diplomatic status, that immunity would start on the date it's conferred, after the process," she added. DK, was granted immunity based on her posting in UN mission on Monday (December 23) and she was also granted exemption from appearing in the court in the on going case.

 So, we have gained nothing, absolutely nothing with all this domestic fretting and fuming !

My conclusion

Some harsh conclusions as to why this episode has become a center-stage.

1.       An image of a saree clad, bechari types, young mother going to drop her daughter to school being arrested and handcuffed (as reported) angered and evoked extremely sharp reactions from Indians against those who did (US) – people didn’t bother to verify the facts.

2.       The fact she was arrested even though she had diplomatic immunity showed US acting in a high handed manner – facts that she had limited or no immunity or that US did based on violations of its laws went to deaf ears.

3.       Post-election results in 4 states, political parties, desperate to have a national issue which could whip up nation’s frenzy, this issue was exaggerated to a ridiculously high levels – it has compromised our image as a mature democracy having diplomatic finesse.

4.       I am daring to say that the issue caught nation’s attention when pictures of DK was repeatedly displayed on all channels, in print media like a power point presentation, presenting her as somebody glamorous and yet caring in her role as a mother. I wonder whether there would have been same frenzy if it happened to be a male diplomat or a senior woman diplomat who would have been dignified though not a ready glamour picture pushed on your face. This is a typical male psyche which comes out clearly.

5.       Devyani Khobragade has played with the emotions of millions of people in India if she has exaggerated about the “mis-treatment”. The image of a nation, the largest democracy in the world (of course we are also responsible- we emotional fools) has been compromised.

6.       We, as a nation, have compromised on our maturity by showing misplaced aggression which was almost bordering on juvenility. It was a clear case of misplaced outrage and national patriotism.

7.    If we are so enrageable and patriotic, we should have taken up the case of extradition of David Coleman Headley (born Daood Sayed Gilani ) from US for his clear involvement in Mumbai attacks in 2008. We have, as usual, opted for an easy way out!
 

We need to act with patience and restore our dignified diplomacy in the world arena. It’s also time our diplomats act with the dignity and responsibility – after all, they represent us as a nation.

 

Latest status update

 

DK was indicted in NY court on January 9, 2014 on two counts of visa fraud and misrepresentation of facts. DK has been expelled from the US and she promptly flew back to India on January 11. She has been barred entry into the US and her name would be placed in visa and immigration lookout system to prevent routine issue of visa. US State Department spokesperson Jen Psaki has saif that her departure from US doesn't change the charges against her. A warrant may be issued for her arrest. It means that DK is treated as a "person non grata" and would be permitted to visit US only to subject herself to the jurisdiction of court.