Exploitation of employee or blackmail of employer? (Khobragade case) - Page 37

Created

Last reply

Replies

402

Views

21.9k

Users

25

Likes

242

Frequent Posters

CuckooCutter7 thumbnail
12th Anniversary Thumbnail Dazzler Thumbnail Visit Streak 30 Thumbnail
Posted: 11 years ago

Originally posted by: K.Universe.

I understand what you are saying. I was only evaluating the soundness of the argument.

What she stated and what you said could very well be the objective the two countries share but she as a debater making an argument can only draw conclusions from the premises she has used. Nothing more and nothing less.

The paragraph(s) I cited in my earlier post culminated with a claim - that US cannot disregard the rulebook even though friendly ties with India are important.

I was assessing the premises used to support the claim. The truth of the claim itself is not as important as the reasons provided to support the claim's probable truth.

The premises were not valid because the truth behind the premises was never substantiated. Hence it wouldn't be a cogent argument.




i think the problem you are identifying is one of sequencing. Starting with what the two countries share would have made it clearer in terms of it being an an objective. The rest could have followed from that. Anyway, i am not a great one to be analyzing anyone's output, given how shoddy and lazy i am with my own writing here. 😊
K.Universe. thumbnail
12th Anniversary Thumbnail Voyager Thumbnail Engager Level 1 Thumbnail
Posted: 11 years ago

Originally posted by: BirdieNumNum


i think the problem you are identifying is one of sequencing. Starting with what the two countries share would have made it clearer in terms of it being an an objective. The rest could have followed from that. Anyway, i am not a great one to be analyzing anyone's output, given how shoddy and lazy i am with my own writing here.



Problem has to do with what you so eloquently put as "weaving a good tale around it".

Debaters need to weed out the tales. There's no point to smoke and mirrors. For instance "Once upon a time there was an attorney named Bharara. He and his office are known for their prosecutions of insider trading and other financial fraud on Wall Street. Most recently he and his office came to the limelight again with the arrest of Indian deputy consul general, Devyani Khobragade" is fact while "Once upon a time there was an attorney named Bharara. He has a big ego and an appetite for fame. He and his office are known for their prosecutions of insider trading and other financial fraud on Wall Street. Most recently he and his office came to the limelight again with the arrest of Indian deputy consul general, Devyani Khobragade. Bharara is a redneck who cherry-picked this case to curry favors with the conservative base." is a mix of fiction and fact.

Debaters owe it to themselves to separate fact from fiction. All that the fiction does is stray from the core discussion. We don't want to invest energies into arguing whether Bharara has a big ego or not; we don't want to invest our energies into debating whether Bharara is hungry for fame or not; we want to invest our energies into whether Bharara was right in arresting Khobragade or not.

_Angie_ thumbnail
17th Anniversary Thumbnail Rocker Thumbnail
Posted: 11 years ago

Originally posted by: maha2us

Angie, The point USA protects criminals is not important. The more important point is USA protects the citizens of their country in whichever country they are. You tell France doesn't protect the citizens who did crime in other countries. But don't they protect the law abiding citizens in other countries? Does India take care of all the law abiding citizens, in various countries if they get into some problem?

I am not saying what USA does here is right. The point is just that USA are doing that and are getting away with that and at the same time, India or many countries could not even take care of all the law abiding citizens working in many countries. All I say is that is just the way of this World today.

I have no expectations from Indian Govt: to protect those persons who did crimes in other countries. But I would definitely say, if they have to raise hue and cry for what happened to devayani, they have to see there are others also who have not got the required protection who include the fishermen who are killed.
One question which always comes up is 'Is Devayani is given more importance because her father is an influential person?' A country gets respect in this world only when it is able to look into the cause of its citizens uniformly.

@ bold 1- If Khobragade can be called influential it is surprising how you ignore the influence that the US wields due to its political and economic position in the world, which helps it to "get away with it".

Khobragade left no stone unturned and made every possible use of the resources available to get his daughter out of the clutches of the US, no mean achievement by any stretch. If you recall, the earlier Indian diplomats had instead settled for plea bargaining.

@ bold2- The all or none phenomenon again! 😆

If the govt addresses problem "A" you cannot "accept or respect" it (your own words) because it hasnt (supposedly) addressed problem "B". Not surprising coming from you as it goes with your earlier posts that expressed dissatisfaction (putting it mildly) about the outrage and govt reforms that followed Nirbhaya's gang rape case because there was no such outrage at the plight of older citizens! FYI Nirbhaya's father can in no way be called an influential person that had dictated the turn of events that followed that tragic event in his daughter's life. How is that for uniformity Mr. Maha2US? You surely arent recommending the sort of uniformity that can only be achieved by neglecting "all" the problems as it is unlikely that "all " the problems will ever meet the same sort of satisfying resolutions!?

Lastly a country gets respect when its citizens know self respect.

maha2us thumbnail
17th Anniversary Thumbnail Voyager Thumbnail
Posted: 11 years ago
Angie, I am sorry, your post is an attack on me because you bring out non-existent opinions about me. You can't say about a person, things like 'all' or 'none' or 'neglecting all the problems' etc. I will definitely accept if you disagree with my opinions. But bringing out non-existent opinions from me is something different. Even as you disagree with what someone said, you have to have some understanding of what that person is trying to say.
You can call my opinion as 'all or none'. But that is not the spirit with which I said the point. It is only natural, when one issue is given more importance than another issue, that point will always be highlighted. Still the question remains, others who are working outside India are not given that much importance as Devayani.
As far talking about the Govt: reforms which followed Nirbhaya incident, I have my own reasons why I am not satisfied with what the Govt: had done. I will definitely say, what the Govt: did causes more harm in the society than it helps the people. And I have again my own reasons why the plight of old persons has to be given more importance. The point is everyone has right to address his/her grievances and every issue deserves to be dealt with in a pragmatic way and in a way not causing harm to others. This does not mean, I have the opinion that the Govt:has to neglect the problems of people.
_Angie_ thumbnail
17th Anniversary Thumbnail Rocker Thumbnail
Posted: 11 years ago

Originally posted by: maha2us

Angie, I am sorry, your post is an attack on me because you bring out non-existent opinions about me. You can't say about a person, things like 'all' or 'none' or 'neglecting all the problems' etc. I will definitely accept if you disagree with my opinions. But bringing out non-existent opinions from me is something different. Even as you disagree with what someone said, you have to have some understanding of what that person is trying to say.

You can call my opinion as 'all or none'. But that is not the spirit with which I said the point. It is only natural, when one issue is given more importance than another issue, that point will always be highlighted. Still the question remains, others who are working outside India are not given that much importance as Devayani.
As far talking about the Govt: reforms which followed Nirbhaya incident, I have my own reasons why I am not satisfied with what the Govt: had done. I will definitely say, what the Govt: did causes more harm in the society than it helps the people. And I have again my own reasons why the plight of old persons has to be given more importance. The point is everyone has right to address his/her grievances and every issue deserves to be dealt with in a pragmatic way and in a way not causing harm to others. This does not mean, I have the opinion that the Govt:has to neglect the problems of people.

Mr maha2us , If you check your post you will see that it was you who expressed your displeasure as the GOI wasn't attending to "all" the people or "all " the problems even though it may have attended some of them. I had highlighted that word in red to draw your attention to it.

If a problem gets solved does it make sense to be dismissing whatever efforts went into solving it just because another problem may not have met a similar resolution? There could be 101 problems facing someone . You have to start somewhere. It looks quite unrealistic to expect that in the name of uniformity " all" of them are to be simultaneously and similarly solved. The dynamics involved would be different in each case. If one stresses on uniformity for all then - there can be only two options. In the third option the uniformity will be lost.

1- All cases get solved uniformly. Uniformity maintained.

2- None gets solved. Uniformity maintained.

3- Some get solved, others pending/unresolved. Uniformity not maintained.

While the first option sounds ideal it may not be feasible and the third option , even though uniformity is sacrificed, ( which appears to be your pet peeve) seems to be the practical approach to me.

Cases as that of Nirbhaya continue to occur because of the mindset of people so some difference in opinion about the reforms suggested is to be expected. One may have reservations about misuse of certain provisions in the reforms but I don't see how one can say that the alarming rate of rapes and assaults on women deserved less importance than the plight of old people in the country. The comparison itself looks quite illogical to me. You had started a thread on that topic and some members responded. I had also posted a link about the various schemes taken by the GOI to address the problem of senior citizens in the country. While the schemes may not be adequate it would be wrong to say that the issue wasnt addressed. You could visit your own thread and at least go through the responses by the members and then respond to them and reactivate it if you really feel about that issue. Leaving issues midway doesn't lead to any clarity and it would keep cropping up in other threads. Discussing it on this thread would be diverting from the topic it was intended for.

I know you did not mean that the GOI should neglect problems but it makes no sense when you fail to acknowledge what was solved and keep lamenting that it may have solved one but it did not similarly solve another. All I am trying to say is that not solving one of the many problems should not diminish the success that may have been attained for solving one!

souro thumbnail
18th Anniversary Thumbnail Rocker Thumbnail + 2
Posted: 11 years ago

Originally posted by: K.Universe.



Problem has to do with what you so eloquently put as "weaving a good tale around it".

Debaters need to weed out the tales. There's no point to smoke and mirrors. For instance "Once upon a time there was an attorney named Bharara. He and his office are known for their prosecutions of insider trading and other financial fraud on Wall Street. Most recently he and his office came to the limelight again with the arrest of Indian deputy consul general, Devyani Khobragade" is fact while "Once upon a time there was an attorney named Bharara. He has a big ego and an appetite for fame. He and his office are known for their prosecutions of insider trading and other financial fraud on Wall Street. Most recently he and his office came to the limelight again with the arrest of Indian deputy consul general, Devyani Khobragade. Bharara is a redneck who cherry-picked this case to curry favors with the conservative base." is a mix of fiction and fact.

Debaters owe it to themselves to separate fact from fiction. All that the fiction does is stray from the core discussion. We don't want to invest energies into arguing whether Bharara has a big ego or not; we don't want to invest our energies into debating whether Bharara is hungry for fame or not; we want to invest our energies into whether Bharara was right in arresting Khobragade or not.


I think you are taking your obsession with objectivity to a little too extreme. When we analyse data, we do form conclusions based on whatever facts that are at hand. And when forming conclusions, many times we have to extrapolate or draw inspiration from past experiences. If we only look at the cold hard facts, we may not always get anything meaningful. The next step automatically becomes - So what? What does it indicate? What can we deduce from this? And if we can't deduce anything from those facts, then what's the use of just having facts for the sake of it?

If the society strictly adheres to facts without making any kind of deductions from them, it will be difficult to even convict criminals. Most of the convictions happen without the criminal being caught red handed. Most of the times, the facts along with deductions help in catching the criminal. Forensic evidences, circumstantial evidences, opportunity to commit the crime, motive, etc. everything together build up a case. So, if fingerprint/ dna is being used as a proof, do we go around taking fingerprints/ dna of everyone to prove that those are indeed unique? If the murder weapon is found in someone's house, should we just look at it as a fact that this was the weapon which was used to murder? Or should we draw the conclusion that those who had access to that weapon had the highest possibility of committing the crime? It's impossible to survive if we are not allowed to draw conclusion based on extrapolation, projection and past experiences. We have to interpret facts to make sense out of it. And when interpretation is involved, there will be logic yes, but there will be subjectivity involved as well. You can't ask people to stop interpreting the available facts when debating just because you don't like the element of subjectivity creeping in.

If what you're saying is true, and all our actions are to be dictated based only on facts without actually interpreting them or deducing anything from them, then Preet Bharara is also wrong according to your logic. He took the maid's word and arrested someone. Did he verify whether the maid is being absolutely truthful? How does he know that what the maid is saying about salary and work condition is nothing but the truth? Did he go there and work as a replacement of that maid to check out what hourly wage Devyani pays, how many hours she makes them work and how she treats her domestic workers? He took the maid's word and proceeded to arrest a diplomat. So, how about you prove now that whatever the maid has alleged (like dismal wages, harsh treatment, godawful working hours, family being unsafe, etc.) are indeed true?
Edited by souro - 11 years ago
K.Universe. thumbnail
12th Anniversary Thumbnail Voyager Thumbnail Engager Level 1 Thumbnail
Posted: 11 years ago
Souro, I was only urging the others to make sure that their premises are true, and can be verified to a degree of accuracy, so that the conclusions drawn by them are true as well. If not, it's best to leave whatever evidence they have to characterize a person as inconclusive.

I am all for deductive reasoning. How do you suppose we progress from conjecturing to postulating to hypothesizing to theorizing to verifying whether a proposition is true or not?

And if we are not talking about scientific facts but strictly limiting ourselves to "legal" facts in this debate, then too we need a "finder of fact" to examine the evidence we have. Usually that would be the trial and the finders of facts would be the jury and/or judges.

As for the question when can a person be arrested: http://www.worldlawdirect.com/article/1708/when-can-i-arrested-police.html. I believe Bharara either had a warrant or "probable cause" to arrest Devyani.
souro thumbnail
18th Anniversary Thumbnail Rocker Thumbnail + 2
Posted: 11 years ago

Originally posted by: K.Universe.


As for the question when can a person be arrested: http://www.worldlawdirect.com/article/1708/when-can-i-arrested-police.html. I believe Bharara either had a warrant or "probable cause" to arrest Devyani.

I'm not disputing Bharara's right to arrest, Devyani. I'm just pointing out, that going by your logic he is wrong in arresting Devyani, cos the maid's words based on which the arrest was made, is not a fact, it's just her word against Devyani's.
Edited by souro - 11 years ago
_Angie_ thumbnail
17th Anniversary Thumbnail Rocker Thumbnail
Posted: 11 years ago

Fact is, as per clause 2 in that link an arrest warrant is all that is required to arrest anyone in the US. Whether you are aware of the warrant or not, whether the arresting officer has the warrant in hand at the time of arrest or not, whether you are guilty or innocent, whether you find the manner of arrest fair or not is immaterial. US law is law. Yours not to question why..

K.Universe. thumbnail
12th Anniversary Thumbnail Voyager Thumbnail Engager Level 1 Thumbnail
Posted: 11 years ago

Originally posted by: souro


I'm not disputing Bharara's right to arrest, Devyani. I'm just pointing out, that going by your logic he is wrong in arresting Devyani, cos the maid's words based on which the arrest was made, is not a fact, it's just her word against Devyani's.



A prima facie case existed per Bharara and team on two counts:

  • Count one: (Title 18, United States Code, Sections 1546(a) and 2) In or about November 2012, in the Southern District of New York and elsewhere, Devyani Khobragade, the defendant, willfully and knowingly did make under oath, and under penalty of perjury under Title 28 , United States Code, Section 1746, and did subscribe as true, a false statement with respect to a material fact in an application, affidavit, and other document required by the immigration laws and regulations prescribed there under, and did present such application, affidavit, and other document which contained such false statement and which failed to contain any reasonable basis in law or fact, and did to wit, Khobragade caused to be submitted to the US Department of State an employment contract that Khobragade knew to contain materially false and fraudulent statements, which contract was submitted in support of a visa application filed by Khobragade for another individual.
  • Count two: (False Statement) - (Title 18, United States Code, Sections 1001 and 2.) In or about November 2012, Devyani Khobragade, the defendant, in a matter within the jurisdiction of the executive branch of the Government of the United States, willfully and knowingly, did falsify, conceal, and cover up by trick, scheme, and device material facts, and made materially false, fictitious, and fraudulent statements and representations, to wit, Khobragade caused to be submitted to the US Department of State an employment contract that Khobragade knew to contain materially false and fraudulent statements, which contract was submitted in support of a visa application filed by Khobragade for another individual, and Khobragade caused another individual to make statements Khobragade knew to be materially false, fictitious, and fraudulent, to an employee of the United States Embassy in New Delhi, India, in support of the same visa application.

A prima facie is sufficient to prove a particular proposition or fact unless the prima facie is rebutted. No rebuttal (evidence to contradict or nullify the prima facie evidence) was offered by Devyani's team.


Related Topics

Top

Stay Connected with IndiaForums!

Be the first to know about the latest news, updates, and exclusive content.

Add to Home Screen!

Install this web app on your iPhone for the best experience. It's easy, just tap and then "Add to Home Screen".