Sunday, June 21, 2020

Black Lives Matter: Solidarity protests in Western Europe

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Nishitha Mandava

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Black Lives Matter: Solidarity protests in Western Europe

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Global Views 360

Publication Date

June 21, 2020

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“Black Life Matters” Protest at Southampton, UK

“Black Life Matters” Protest at Southampton, UK | Source: Thomas Allsop via Unsplash

The killing of the African-American George Floyd in the hands of Minneapolis police commanded world attention. It witnessed Pan-American protests against police brutality and racism. Countries across the world have stood in support of these protests against racial violence. These protests in America have triggered a number of protests across Western Europe to localise them and condemn racism in their own countries.

Protests against racial violence and police brutality drew large numbers across European capitals and other prominent cities as well. Paris protests alone saw an estimated 20000 people near the Eiffel Tower who protested against the death of George Floyd. These protesters tried to localise the issue of racial violence and police brutality by taking up the case of Traoré, a young black man whose family claims that he died due to suffocation under police custody at Persan (north of Paris) in 2016. These protests have been going on consistently for over a week. Despite the police ban on demonstrations in Paris due to the risk of COVID-19, the demonstrations couldn’t be curbed. Parallel protests were also reported in other cities of France like Lyon, Rennes and Marseille.

Berlin also has been sustaining its ‘Black Lives Matter’ protests for over a week. Demonstrations were held in other German cities such as Cologne, Frankfurt and Dusseldorf. The Bayern Munich footballers wore T-shirts with slogans that read ‘Red card against racism- Black Lives Matter’ in their match against Leverkusen to raise awareness against racial violence. Various German activists believe Floyd’s death has not only triggered anti-racist protests but also multiple questions regarding equitable distribution of resources and representation of diverse races that co-habit in Germany.

In the United Kingdom, too, despite the COVID-19 risk, a large number of protestors stood in solidarity with the U.S protests. In Bristol, demonstrators pulled down the statue of slave trader Edward Colston on 7 June, 2020. Even though these protests were against racial violence, the chords of the protests mainly struck with issues of blacks during COVID-19. British government data showed that blacks living in British were four times more likely to die from COVID-19 as compared to whites. This discrimination by the virus can be attributed to the institutionalised nature of racism and the lack of equitable access to resources for minorities living in Britain.

Protests were held widely in Spain. The U.S embassy outside Madrid has become one of the hotspots for protestors to gather. Hundreds gathered to mourn the death of Floyd and observed silence for him. The city of Budapest too observed silence and chanted songs outside its U.S embassy.

European media has also played a key role in actively condemning Trump for his actions of using military force to tackle the protests. While the French Newspaper Le Monde in its editorials has dubbed Trump as ‘President of division’ the Spanish newspaper El Pais’s headlines read ‘The U.S. Faces Its Worst Racial Conflict in Half a Century’. Trump’s actions to use federal force and active duty military personnel have made the European media to cover the protests more extensively. Newspapers coupled with social media have acted as catalysts in spreading the cause of the protests at a much faster rate.

Floyd’s killing sparked protests against racial violence and systematic racism around the world. However, it resonated at a deeper level with Western European countries primarily due to their rising number of immigrants from African and Arab countries. These countries, for decades, have struggled with accommodating these minorities equally with the mainstream population. The approach to localise these protests has helped to not only denounce racial violence in America but also in their own home country. The nature and extent of these protests have pointed out that governments no longer have the luxury of gradualism and have to instead take up swift actions to eliminate institutionalised racism and police brutality.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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