The very first controversial question that strikes from this case is if
the Indian Diplomats are really entitled to their privileges? Is the
Indian government doing enough in safeguarding the immunity of Indian
Diplomats? These are the core questions that have shaken the very
foundation of Indian Diplomats structure and needs to be addressed by
the government.
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International treaties like the Vienna Convention have precisely laid
down under its articles 36, 40, 41 and 53 that the code of conduct
towards foreign nationals who are detained, as well as the privileges
accorded to family members of consular officers, have the same
diplomatic immunity when it comes to prosecution in a foreign land. It
bars them from arrest except in a serious case of felony. But in spite
of its clear provision, Toner maintained that according to Vienna
Convention diplomatic stipulations do not apply to its family members.
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Though the case has witnessed various supports from different groups of
the society and government it was not good enough to get the 18 year old
justice. Visiting Indian External Affairs Minister S.M. Krishna has
asked the United States to follow all international norms, accepted
practices and conventions in resolving the case. Indian Ambassador to
the U.S., Meera Shankar, said, "We have, subsequent to her release also,
expressed our concerns to the U.S. government about the way in which
she was treated. It is a case which obviously concerns all of us."
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Cole Haan
Ambassador Prabhu Dayal, India's consul general in New York, says he
made many ardent calls to the NYPD for her release but NYPD stall him by
putting him on a conference call with the State Department. It was only
when Biswas' attorney Ravi Batra, a legal luminary in New York,
approached the Queens District Attorney Judge Richard Brown, a day after
Biswas was arrested, that the case was dismissed.
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