Friday, September 18, 2020

Restoration of Law & Order: The War-Cry which may help Trump defeat Joe Biden in November 2020

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Vanshita Banuana

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Restoration of Law & Order: The War-Cry which may help Trump defeat Joe Biden in November 2020

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Global Views 360

Publication Date

September 18, 2020

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Donald Trump at a presidential elections rally

Donald Trump at a presidential elections rally | Source: Gage Skidmore via Flickr

At the peak of the “Black Lives Matter” protest in June 2020, against the brutal killing of George Floyd by the police, the US President Donald Trump signed an Executive Order on Safe Policing for Safe Communities. It is now September, and as Black Lives Matter protests— and the police brutality that ignited them— continue amidst a pandemic leaving over two hundred thousand Americans dead and millions infected, Trump’s fear-mongering distortions of events also continues.

The executive order sets requirements for police “certification and credentialing” of law enforcement agencies, and links the credentials to discretionary funding. It bans chokeholds except where deadly force is allowed by law. A database will be created to share information and track incidents of excessive use of force, terminations or de-certifications of officers, criminal convictions for on-duty conduct, and so on. Additionally, the order asks for surveys and community support programs to address mental health, homelessness and addiction in context of law enforcement’s response to them. Lastly, the order proposes that new legislation be developed to increase funding and resources provided to law enforcement.

While announcing the executive order, Trump called for a “restoration of law and order” and more funding for police at a time when Americans are protesting in cities across the country to reduce police funding and presence in order to combat police brutality. He claimed to want to put a stop to “looting and arson,” further remarking that Americans want law and order even if they “may not say it” or may not “even know that’s what they want”. Additionally, he believed the percentage of bad police officers to be very tiny.

The American Civil Liberties Union (ACLU) responded to the announcement, and called Trump’s call for “law and order” a racist dog-whistle specifically intended for his voter base in light of the upcoming election, and reiterated the need for lesser police presence. Allocation of discretionary funds, mentioned in the executive order, has been known to lead to increased militarisation of the police. They observed that Trump used the word “race” once and never used the word “racism,” and that he was surrounded by law enforcement officers throughout the announcement and his prepared remarks.

Use of fear-mongering to shore up the support for electoral benefit is not something new which Trump is employing, but a time-tested tool for many leaders in the Republican Party. The phrase “law and order” has a long cultural history in America, even before its use by politicians was popularised, and therefore racialised (if it wasn’t already).  

President Richard Nixon’s TV ads in the 60s showed middle-aged white women walking nervously down city streets at night. Trump’s false claims of Biden wanting to defund the police are complemented by his recent campaign ad that shows an elderly woman at home alone, who calls the police when a burglar breaks in. However, she is told that the police can no longer serve her due to being defunded. Setting aside the misconceptions about what defunding the police would look like, the ad is clearly designed to create panic at the thought of a fantasised future, one that Trump and his family like to call “Biden’s America” every time they post pictures of present-day Trump’s apocalyptic America.

It is definitely not unlike Trump to use racist rhetoric about crime meant to cause fear. It was one of his biggest selling points in the 2016 election as well, promising a border wall and anti-immigration policy to keep out immigrants— mostly Mexicans— who he claimed would bring crime and drugs into America. This year Trump has revived the argument by acting as the saviour of the suburbs, who he claims are under the attack of calls for desegregation. To that extent, at the 2020 Republic National Convention, Trump invited the McCloskeys, the couple who brandished firearms at Black Lives Matters protestors, to speak about “forced rezoning,” which they alleged would make their suburban neighbourhood unsafe. Nixon’s comments about the “city jungle” threatening the suburbs come to mind.

President Trump’s election campaign flag with Confederate flag | Source: Gilbert Mercier via Flickr

Many would notice that the racism in Trump’s statements is often barely covered up by his abstract and vague choice of words. The message, whether in 2016 or 2020, remains unmistakably the same: he is telling rich and middle class white people— painted as the peaceful victims— that he will protect them from violence caused by the ‘other,’ i.e., poor people of colour.

This fear of the ‘other,’ the angry Black American, is the same fear used by Republican Presidential candidate (and later President) Richard Nixon in 1968. The law-and-order rhetoric that evolved during that election period can be connected to 21st century ‘tough-on-crime’ policies, both of which have heavy racial undertones and are weaponized by Republicans as well as Democrats.

Is Donald Trump the new age Richard Nixon? That might seem to be overstretched, but quite a few traits and  similarities can be drawn between 2020 and 1968, perhaps most of all due to the widespread protests and clashes with police that erupted after the assassination of civil rights champion Martin Luther King Jr. Another major political and cultural event of the time was the Vietnam War, which led to a feeling of disorder that many Americans might be feeling at present as well. Trump is using promises of imposing “law and order” to project a strongman image; the desire to project such an image, however, hypocritically leads Trump to encourage violence where it benefits him.

However, these strategies aren’t as successful as Trump wants them to be— least of all successful enough to cover up his gross mishandling of the COVID-19 pandemic. Additionally, the suburbs have not remained as ‘pure’ as they might seem in Trump’s eyes; they have grown in diversity of wealth and race, almost parallel to cities. Trump is out of his depth when forced to reckon with mass unemployment, preventable deaths, and science, and he would do anything to bring the focus back to his comfort zone, which is why it is unsurprising when he uses Black Lives Matter protests and renewed conversation around policing to spread unfounded alarms about increased crime and violence.

According to recent polling data, while neither Trump nor Biden are viewed favourably by any significant margin when it comes to law enforcement, Biden is surely being viewed as more trustworthy when it comes to handling a crisis like the pandemic. Trump’s constant barrage of tweets and other announcements are less appreciated or supported when they cause further confusion in an already extremely chaotic environment. It is hard to imagine trusting a President who tweets “when the looting starts, the shooting starts” to remain calm, organised or level-headed in any manner.  

While many may have expected Trump’s voter base to fall for the same old, recycled talking points, the public health crisis and economic meltdown took the conversation away from it. Now President Trump is desperately trying to take control of the narrative and scare voters to back him in November 2020.

There is some method to his apparent madness. The US President is not elected by securing  the majority of the popular vote, they are chosen by securing a majority of votes in the electoral college. There are different modelling of US poll results which predicts that Trump may lose by over five million popular votes but still win the Presidency due to scoring a majority of electoral college votes.

The constant hammering of being the “Law and Order” President and painting Joe Biden’s support for Black Lives Matter protest as the “support for lawlessness” is the only plausible way for Trump to gain a majority of the electoral college vote and retain the US Presidency in November 2020. It is to be seen whether the voters fear the COVID-19 & economic meltdown more than the Law and Order.

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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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