A Saudi diplomat in India, accused of keeping two Nepali women as 'sex slaves' for four months and 'raping' them, won't be arrested, thanks to the Vienna Convention on Diplomatic Relations that gives immunity to diplomats.
Under the framework of the 1961 Vienna Convention, diplomats enjoy immunity in many ways, as a result of which the sending nation (in this case, Saudi Arabia) can recall a diplomat who is accused of violating the law of the host country.
India may declare the Saudi diplomat as 'persona non grata', barring him from working at the Saudi diplomatic mission and prohibiting his entry to the country ever in future.
"In the performance of his functions he shall be protected by the receiving State. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention," Vienna Convention on Consular Relations says.
"The receiving State may at any time notify the sending State that a consular officer is persona non grata or that any other member of the consular staff is not acceptable. In that event, the sending State shall, as the case may be, either recall the person concerned or terminate his functions with the consular post," it adds.
The Saudi diplomat, working as a first secretary at the Saudi diplomatic mission in Delhi, and his friends and guests, were on Tuesday booked for allegedly gang-raping two Nepalese women in a rented flat in Gurgaon, on the outskirts of Delhi, while his wife and daughter have been booked for allegedly torturing the women for almost four months.
The plight of the two Nepalese women, aged around 30 years, came to light when a new maid visited the flat.
"One new maid visited the flat and witnessed the miseries of these two women and left the house. That maid reported the matter to an NGO, which informed the police," ACP Rajesh said.
The Gurgaon police then raided the flat and rescued the two women. An FIR was registered at DLF-2 police station under sections of gang-rape (376 D), rape (376), unnatural sex (377) and some other sections of Indian Penal Code including 342, 323 and 120B.
The Saudi Embassy has, however, refuted the charges, saying the allegations are "completely false" and "contrary to facts in our possession". It asked the Indian government to clarify on the matter as per diplomatic norms, IANS reported.
The Indian External Affairs Ministry on Wednesday sought a detailed report on the case from the local police.
"We have asked for a report from Gurgaon police in the matter. Further steps will be taken once the Ministry receives a detailed report from them," External Affairs Ministry Spokesperson Vikas Swarup said.