Diplomatic immunity is for select bracket

It is a form of legal immunity given to diplomats and in some cases to their families. Part of a policy between governments,diplomatic immunity exempts foreign diplomats from prosecution under the host countrys laws.

What is the rulebook?

Diplomatic immunity is granted on the basis of two conventions the Convention on Diplomatic Relations,1961,and the Convention on Consular Relations,1963. These conventions have codified the rules and agreements,providing standards and privileges to all states.

Who qualifies as a diplomat?

The Vienna Convention classifies emissaries in three groups according to the nature of their assignment: embassy,consular,international organisation. The embassy is the primary diplomatic presence established by one country in another. The chief official of the embassy is the ambassador,who serves as his countrys official representative to the host country. A nation has only one embassy per foreign country,usually in the capital.

It may have multiple consulate offices,generally in locations where many of its citizens live or visit. The consulate,which is headed by a consul,provides government services to individuals abroad,most having to do with travel. The consulate issues visas to citizens of the host country,issues and renews passports for its own citizens,and assists its citizens travelling abroad on issues of marriage,divorce,adoption,legal emergencies,and the like. The person heading a consulate may not be a career foreign service officer; such posts carry limited authority and the persons holding them are called honourary consuls.

Do all diplomats get the same kind of immunity?

The rules for immunity vary depending on the nature of the posting.

For diplomats posted in an embassy,the immunity extends to members of their families. This is true also for administrative and technical staff in the embassy. This is according to the Vienna Convention on Diplomatic Relations.

Diplomats posted in a consulate get diplomatic immunity except when charged in a serious crime for which a warrant is issued. Their families,however,dont get that immunity. This is based on the Vienna Convention on Consular Relations.

Can a diplomat lose his immunity?

It is possible for the home country to waive immunity. This tends to happen only when the diplomat has been charged with a serious crime unconnected to his diplomatic role,or has witnessed such a crime. Otherwise,the home country may prosecute him.

GRANTED,DENIED

In the UK,diplomat Anil Verma was accused of beating his wife but was not prosecuted because of his diplomatic immunity. The British government requested India to waive his immunity but New Delhi insisted that action would be taken on him under Indian law.

In the us,diplomat Neena Malhotra with the New York consulate faced charges of harassing her domestic help,who filed the complaint after the official had left the US. Malhotra’s husband has been denied immunity and has not been able to travel to the US,where he has a job with a software firm.