In the unresolved diplomatic spat over the conduct, arrest and treatment of an Indian consular officer in New York, India has been angered that allegations by her maid are treated as facts. Yet its own rape laws come dangerously close to sanctifying this conflation of charges as proof.

In turn, some Indians have suggested subjecting gay U.S. officials to India's penal code that criminalizes same-sex relations. Is this any less "barbaric" for millions of Indian citizens than the unconscionable treatment of one Indian official by New York's finest?

Rape is a horrific problem in India, but compromising due process does not serve the ends of justice. Facts must be documented, evidence evaluated and guilt or innocence established.