Wednesday, September 2, 2020

Kamala Harris: A Look At Joe Biden’s Running Mate

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Vanshita Banuana

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Kamala Harris: A Look At Joe Biden’s Running Mate

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Global Views 360

Publication Date

September 2, 2020

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Kamala Harris giving a speech

Kamala Harris giving a speech | Source: Twitter

On August 11, Democratic Party’s nominee for the US Presidential election. Joe Biden chose Kamala Harris as his running mate for vice president. Her selection preceded a lot of noises from within democratic party’s grass-root workers and progressive leaders to choose a woman of colour for the VP position. This was taken as a show of support for the progressive causes  for which Joe Biden nd Democratic Party stand with full force.

Here’s a look at the life and policies of Kamala Harris, who could be the first woman to occupy the position of Vice President of the USA.

Kamala Harris (L) with her mother—Shyamala Gopalan (C) and Sister—Maya Harris (L) | Source: IndiaAbroad

Kamala Harris was born to immigrant parents who came to the USA as students in the 1960s and stayed on to fulfil their dreams. Her Father came from Jamaica in 1961 to pursue economics from UC Berkeley, while her mother came from India in 1958 to pursue research in endocrinology and breast cancer, also from UC Berkeley. They met and married during the social protest movement in the 1960s but got separated while Kamala was only seven years old. Her mother never remarried and took great care of Kamala and her sister Maya.

Kamala’s mother belonged to one of the highest social classes, the Tamil Brahmin but raised both of her daughters as Black American. She kept her contact with the family back in Chennai (earlier known as Madras), India, which continued with Kamala as well.

Kamala spent much of her childhood in Montreal, Quebec, Canada after her parents divorce. After graduating high school she attended Howard University, a historically Black college in Washington, D.C. She is also a member of Alpha Kappa Alpha, a well-known Black sorority. She married Douglas Emhoff, an attorney, in 2014. Her sister is currently a lawyer, an MSNBC political analyst, and has worked with Clinton’s 2016 presidential campaign.

She was the district attorney general of San Francisco and attorney general of California, and was the first Black woman to hold those positions. She went into the profession apparently because she wanted to change the law enforcement system from the inside. Over the years she has repeatedly referred to herself as a “top cop,” though she also prefers “progressive prosecutor.” She became a member of the Senate and has been running for President since 2016.

Her stance on several policies has changed over the years. During her prosecutor years she occupied a classic centrist stance: she supported some reforms to the criminal justice system, which was unique in an era of “tough on crime” policies (that often had racist undertones), but at the same time she tried to keep favour with police officers and unions— perhaps due to her nature as a prosecutor, and was often silent on bills which might have be seen as too polarised towards one end of the spectrum.

Her more well-acclaimed decisions came in the form of programs such as anti-bias training, Open Justice and Back on Track. Open Justice is an online portal that makes various criminal justice data, such as deaths and injuries in police custody, available to the public. Back on Track was about a year long program aimed at young and first-time low-level offenders, offering to waive jail time if they went to school, got a job, and other such goals.

It might be worth noting that a lot of Harris’ actions focus on what can be done after an arrest is made and before incarceration, which inherently means that reducing police brutality and reforming prisons have not yet been great strengths of hers. Since the beginning of the Black Lives Matter movement, civil rights activists have looked up to Harris, a Black woman in a position of power, to lead the change in terms of legislature, but have come out with mixed results. Most of them feel that Harris strives for some reform but never gets too bold, and essentially ends up upholding the status quo.

For instance, around 2015, she made body-worn cameras mandatory for all of the small percentage of special agents employed by the attorney general, but did not support a bill to make them mandatory for all police officers in California, stating that she opposed a “one-size-fits-all approach.” Some of her other decisions while she was a prosecutor have been questioned in recent debates, such as her anti-truancy law, and the evolution of her opinion on marijuana.

Harris has spoken out in support of Kashmiris under Indian occupation after the revocation of article 370. Biden has been critical of the Citizenship Amendment Act. However, she has also described the India-US relationship as “unbreakable”, and even tweeted a welcome message for Indian Prime Minister Narendra Modi on his visit to India in June 2017.

Biden’s choice of Harris as his running mate for vice president is considered by her supporters as symbolic and historic due to her identity as a Black Asian-American and the representation she brings to a powerful stage. Her critics however, have been skeptical due to her career as someone who worked very closely with law enforcement.

Harris, like any other politician, has a checkered past which deserves scrutiny. Those who are rooting for or against her deserve to know about the different aspects of her political, social and other policy positions which helped evolve into the politician she is today and the direction in which she is expected to move in the future. This will be essential for her to appeal to a wider population and add to the votes for Joe Biden in the November 2020 Presidential poll.

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February 4, 2021 4:57 PM

India’s Transgender (Protection of Rights) Act: Why the activists are opposing it?

On July 13, 2020 the Ministry of Social Justice and Empowerment of India notified the release of draft Rules for the much-disputed Transgender (Protection of Rights) Act 2019, and has given citizens 30 days to submit suggestions and objections.

The Ministry first published the draft Rules on April 18, 2020 and asked for comments by April 30, later extended to May 18. Based on the central government’s consideration of the submitted feedback, the updated Rules were once again opened to critique.

As summarised in this analysis by PRS Legislative Research, the Rules lay out the detailed process regarding issuance of Certificate of Identity, and welfare measures, medical facilities and such for transgender people. It also specifies that the National Institute of Social Defence will act as secretariat for the National Council for Transgender Persons.

Analysis

  1. The Act is infamous for claiming to confer the right to self-perceived gender identity, which is also enshrined in the National Legal Services Authority (NALSA) vs. Union of India judgement, but continuously neglecting this right thereby going against both a Supreme Court judgement and its own statement.
  2. This manifested once again in Rule 4 of the first draft of Rules which required a psychologist’s report— while paradoxically insisting that it requires “no medical examination”— as part of the application process. This requirement was removed from the recent draft of the Rules after backlash.
  3. Also, as stated in the Act, it is the District Magistrate who will determine the final “correctness” of the application, essentially stripping transgender people of any supposed right to self determination. It is worth noting that this places the District Magistrate, an executive figure, in a judicial position, one of ‘judging’ the ‘authenticity’ of a person’s gender identity.
  4. The above mentioned application will only provide a Certificate of Identity that states a person’s gender identity as transgender. To be able to apply for a revised Certificate of Identity to change one’s gender to male/female as per Rule 6, a person must undergo gender reassignment surgery and on top of that provide a certificate stating this from the Medical Superintendent or Chief Medical Officer from the medical institution which facilitates the surgery.
  5. This is problematic for a large multitude of reasons, including but not limited to: many transgender people not feeling the need for medical or surgical intervention, the policing of transgender people’s identity as only being ‘valid’ if they undergo surgery, and the sky-high costs of surgery contrasted with large numbers of transgender people living in unsupportive environments and/or being unable to finance their surgery.
  6. The right to self-identification continues to be blatantly violated in Rule 8, under which a District Magistrate can reject an application, following which the applicant has a right to appeal the rejection only within 60 days of intimation of the same, as stated in Rule 9.
  7. The right to self-determination was also thrown out the window when the first draft Rules imposed a penalty on “false” applications, once again referring to the arbitrary power of the District Magistrate. This has also been removed following strongly negative reactions.

It is important to compare the two versions of the Rules despite the second one being arguably better and cognizant of some of the demands made by the citizens and other stakeholders.

The first version of the Rules quite clearly depicted the narrowly cisnormative perspective through which transgender lives are seen by the people in power. Despite the many changes as a result of relentless protests, the Act is nowhere near to truly respecting and empowering transgender people.

The decision to give the final say to the District Magistrate- which some argue made the process harder than it used to be before the Act- and the refusal to provide affirmative action or reservations to ensure representation in positions of authority that transgender people have historically been denied access to.

It also does little to counter discrimination, as is seen most clearly in the punishment of sexual assault and rape being much less than for the rape of a cisgender woman. It advocates for plenty of measures but does pitifully little to ensure or enable these changes.  

History of the Act

The history of the Act is a turbulent one. The 2016 Transgender (Protection of Rights) Bill, was almost immediately slammed by activists, NGOs, other human rights organisations, and citizens, for multiple reasons.

The most derided was the provision to set up a ‘District Screening Committee’ which included the District Magistrate, a chief medical officer and a psychiatrist among others, for the sole purpose of scrutinising a transgender person’s body and identity. It also criminalised organised begging, an activity specifically common among the Hijra community.

The Lower House of the Parliament, the Lok Sabha, rejected all the proposed changes by the parliamentary standing committee along with the demands of the transgender community, and passed the bill with some amendments in 2018. A short-lived victory came in the form of the lapse of the bill due to the 2019 general elections.

However, as soon as the NDA government was re-elected, the bill was reintroduced in the Parliament with some more changes, particularly the removal of the section on District Screening Committees, but was still unsatisfactory.

The full text of this bill was not released when it was approved by the Union Cabinet on July 10, 2019, but on the morning that it was tabled in the Lok Sabha, garnering another consecutive year of protest since it was first introduced.

This is the bill as it exists today, having been passed by the Lok Sabha on August 5, 2019. When the motion to refer it to a select committee failed in the Rajya Sabha, it was passed on November 26, 2019, and received presidential assent on December 5, 2019. Recent developments include a writ petition in the Supreme Court challenging the validity of the Act.

Despite it becoming the law of the land, transgender citizens and activists such as Esvi Anbu Kothazam and Kanmani Ray continue to criticse it and the insidious transphobic thinking that has always guided it.

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