Recent developments in India – Saudi relations

Sep, 2015: A high ranking Saudi Diplomat and his family allegedly enslaved and sexually exploited two Nepalese women. The diplomat and his family availed diplomatic immunity under Vienna Convention on Diplomatic Relations, 1961 and fled the country without even an investigation.
Oct, 2015: An Indian maid recruit’s right hand was chopped by her Saudi employer.
Both these cases created a short term rift in Indo – Saudi relations.
Alarmed by frequent allegations of sex slavery, arm-chopping and sadistic domestic torture of housemaids in Saudi Arabia, India is considering a total ban on recruitment of housemaids by Saudi Arabia.(This thing won’t work as the recruit in most cases happens through unofficial channels).

Why is India silent even after such barbaric acts

Ans: Suadi oil, Saudi – Pak friendship.

Saudi – Paki are good friends and anything that angers Saudi royal oil cartel will have severe adverse impact on India, it’s economy and security.
In an event of enmity between India and Saudi, Saudi will support and aid Paki proxy war on India. It will cut oil supply to India (India without oil is unimaginable).
Though there are other countries that supply oil, but all the oil has to pass through Red Sea and Persian Gulf which are under considerable influence of Saudi Arabia. (Saudi can recruit Somali pirates to hijack Indian oil ships)

The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries.
It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or harassment by the host country. This forms the legal basis for diplomatic immunity.
Its articles are considered a cornerstone of modern international relations.
As of April 2014, it has been ratified by 190 states (Only major exception is South Sudan).

The host nation at any time and for any reason can declare a particular member of the diplomatic staff to be persona non grata. The sending state must recall this person within a reasonable period of time, or otherwise this person may lose their diplomatic immunity.
The premises of a diplomatic mission, such as an embassy, are inviolate and must not be entered by the host country except by permission of the head of the mission.
Furthermore, the host country must protect the mission from intrusion or damage.
The host country must never search the premises, nor seize its documents or property. Article 30 extends this provision to the private residence of the diplomats.
The host country must permit and protect free communication between the diplomats of the mission and their home country.
Diplomats must not be liable to any form of arrest or detention. They are immune from civil or criminal prosecution, though the sending country may waive this right under Article 32. Under Article 34, they are exempt from most taxes, and under Article 36 they are exempt from most customs duties.
The family members of a diplomat that are living in the host country enjoy most of the same protections as the diplomats themselves.

In history, there were many wars that took place due to killing or imprisonment of diplomats.
In modern times, to keep the relations between two countries tensions free, diplomatic immunity is important.
(If India arrested Saudi diplomat, then Saudi will arrest Indian diplomat. It will lead to an avalanche of arrests and finally even war. Recall Kobragade issue. The Indian police removed security barracks near American Embassy)

Respective countries should take cognizance of the crimes committed by their diplomats and punish them according to their own laws. (Like India punished Devayani Kobragade by allotting a flat in Adarsh Housing Society)
There should be bilateral understanding over such diplomatic issues.
UN should intervene and make necessary amendments to Vienna Convention so that diplomats charged with serious crimes are brought to justice.
Independent investigating agencies and courts should be setup under the aegis of UN to conduct an impartial trial.

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