Sunday, May 20, 2012

The Many Dharun Ravi's of America

A reader commented on my first post on Dharun Ravi encouraging Dharun and his parents to try to do a DEAL now, after the fact!  The reader said that I did not understand America's legal system.  Well, that is far from the truth.  Indeed, I understand it extremely well, having been in this country for over 22 years now.

So, why would I suggest something that does not make sense from the normal, sensible point of view?  That is because the unique situation that Indian-Americans find ourselves in this country that for many of us is also our adopted homeland.  Unlike most other immigrants to this country, Indians are a slightly different lot...in fact from my observations over the last two decades, way different and treated way different too.  Why is that?  I will try to answer that partly in this post through a story and slowly over several more posts.

I came to this country in 1990 as a Graduate Student into a midsize Midwest university that formed the basis of a university town in the Midwest.  In those days, we really did not know what to expect, other than we were coming to the most advanced nation in the world.  There was very little Television in India then, so our exposure was limited.  The Internet was virtually non-existent and even though there were networks, information dissemination was not of the exploding variety that there is now.  People talked about Soviet propaganda in those days, but in my opinion, the American press did a more fabulous job of propaganda than any other independent entity on this planet.  To most immigrants from India in those days, the United States of America was an ideal place to start a new life.  How little we knew then!

America today does not resemble the America of 1990 and not just because Barack Obama is President.  There has been considerable evolution since then, but somehow the Indian-American community does not seem to have evolved that much in terms of how it is perceived and how it perceives the rest of America.  The most dramatic evolution in the Indian-American community is the enormous prosperity the IT Revolution and Boom has has on it because truth be told, without the IT Boom, things would be remarkably different today for Indian-Americans.  Up until 1996, I can still remember Indians struggling to find even Engineering jobs that required well qualified graduates of which there were plenty in this community that has a continuous stream of graduate students. Today, there are not even enough H1B visas for IT workers! Most of these IT workers are from India.

Let us get to the interesting story from that Midwest town that I made my new home for about 4 months before I transferred out to another University in Florida in a hurry along with several other Indians who had entered the University along with me.  The other students transferred to a number of different states, for many reasons, prime among which was the lack of graduate student opportunity at this University.  From day one we faced discrimination, racism and absolute pure contempt from faculty, staff and even fellow students (White Americans).  Even today, when I think about it, it remains a surreal experience.

So, there is this graduate student, shall we call Bhola, a brilliant student with a perfect GPA and a full graduate assistantship in a discipline that was NOT engineering.  Why is that important?  Because, he was on a fast track to getting a Phd and his tuition was fully paid for.  He got money for room and board and had been resident in this town for several years before us.  So, what happened next is mind boggling because he had to be either incredibly stupid or was set up and framed by people who had nothing else better to do other than vent their racist frustrations at the first given opportunity.  One late night, Bhola drives to a nearby gas station, one of maybe a couple that was usually open late into the night and goes in to get a cup of coffee and some snacks.  For reasons that we never came to know, he gets into a heated verbal argument with the gas station attendant and threatens to come back to the station after an hour with a gun!  Incredible heh?  Wait, there is much more!

Bhola comes back to the station after approximately one hour and finds several police cars waiting for him and police officers with guns drawn!  Bhola did not bring a gun, because he never had any!  Why did he go back to the station?   Because he never got his coffee and snacks the first time around and the story goes that he had cooled off enough to calm himself and go back to get what he wanted.  Whether or not he had actually threatened the gas station attendant that he would be back with a gun strains incredulity.  One would have to be absolutely stupid and out of his mind to do that.  You see, the gas station attendant never got Bhola's car license plate number of any other identification during his first visit and it was his word against Bhola's.  Obviously, the police officers could not trace Bhola back to his house because they did not know who he was and the best they could do was wait for him to perhaps come back and let the gas station attendant identify him!  Bhola came back and before you think he was some dumb criminal, remember, he never came back with a gun and it was the gas station attendant's word against Bhola's.

Now, what happened next is pertinent to how Indian-Americans are perceived and how Indian-Americans perceive their lot in life in this country.  By and large, Indians and Indian-Americans are an extremely non-violent lot and never get into any kind of trouble, not even the trivial kind.  You don't see Indians get involved in bar fights, muggings, violent criminal activity, drug activity and so on and so forth and amazingly enough the law enforcement community recognizes that and sometimes appreciates that.  Bhola got imprisoned immediately and from accounts from my friends, I learned that he was shackled like an extremely violent criminal from head to toe so that he could only walk in a shuffle.  Bhola's long time friends immediately responded and called up his parents in India who then immediately arranged for his Paternal Uncle to fly in from Dubai right away the next day so that he could be in time for his arraignment.  Bhola's father came in a couple days later from India.  I never mustered up the courage to visit Bhola in jail even though we had started to develop a friendship during the brief time we knew each other.  I did not trust the environment and the system any more and was clearly terrified like every other Indian who had just arrived into that town that August of 1990.

During the arraignment, the Judge asked Bhola how he pled and the plea was of course, "Not Guilty."  What happened next is why I think this was handled uniquely by an Indian as opposed to the way any other immigrant might have reacted.  When the Prosecution stated its intent to fully try Bhola after the Judge denied Bail, something amazing happened!  Facing the possibility of about 25 years in prison for attempted armed robbery, Bhola seemingly was doomed.  The lawyer representing Bhola explained to the Judge that Bhola never mentioned the threat, the gas station attendant had lied and there was never a threat.  However, since Bhola and his parents did not want to be at the mercy of a system that they did not know and since they obviously could not fight a charge for quite an extended period of time while he would continue to be in incarceration, they would offer the State a unique plea deal.  Within 24 hours, Bhola would self deport himself to India while not acknowledging or denying any guilt.  The INS would escort him to the airport so that it was clear that Bhola was leaving the country.  The lawyer explained that the State would benefit by not having to spend a single penny going forward to either incarcerate Bhola or try Bhola. 

Over Prosecution protests, I am told, the Judge immediately approved the plea deal and set Bhola free on condition that he would go straight from the Jail to the airport under Police escort at which point he would be released to his parents.  The paperwork was done and Bhola left the country, perhaps never to come back!  Everyone commented on how Bhola has so easily given up on his American Dream!  Many said,"Which Immigrant would so easily and Immediately offer to self deport himself out of America?"  In retrospect, after seeing the way Dharun Ravi's case was handled and the numerous comments that I have seen about how Dharun perhaps rejected the plea deal because he did not want to get deported, I think Dharun made a mistake by going to trial.  However, that is where the rub lies!  Dharun and his parents came to the USA after 1996 during the IT Boom and think America gives and gave them equal rights and opportunities under the law just because they got equal economic opportunity.  Nothing could be farther from the truth!  I strongly believe that for most Indian-Americans, one wrong turn or one wrong mistake is the end of it all - the end of perceived prosperity!  Make one mistake and that is the end - whether it is Raj RajRathnam or Dharun Ravi.  Others and other immigrants might get a second chance, but not Indian-Americans.  Why?  Because, despite all the economic clout, Indian-Americans have very little political clout and are easy scapegoats.  They are also the object of envy.  Think about it...how many immigrants do you find landing into this country and barely a decade later own palatial homes, substantial bank accounts and portfolios and drive BMW's like Dharun and his parents did?

Dharun never had a chance and he never knew it and nor did his parents.  Had they witnessed a different America just 5 years earlier, they might have made the right choice.  They would have take the plea deal offered, tried to modify it slightly by offering self deportation immediately in return for not making the statement requested by the prosecution (that Dharun had acted out of hate) and do what any other immigrant might have considered to be the unthinkable - leave America and never come back.  Truly, by going back to India, Dharun would have lost nothing and gained everything, including his freedom.  Now, he is at the mercy of the Judge who will most certainly sentence him to 10 years in prison.  After all, it is New Jersey!

1 comment:

  1. Very well written and everything you say is so true. Please could you send this to some papers. As you said, Indian Americans are treated differently by law enforcement, immigration officials and the justice system. And Indian-Americans have 0 political clout or the ones that have clout have 0 (except for rare people like Satish Mehtani) interest in standing up for the community.

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