Friday, July 31, 2020

Stonewall Riots: A Pillar In The Movement For American LGBTQIA+ Rights

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Vanshita Banuana

Article Title

Stonewall Riots: A Pillar In The Movement For American LGBTQIA+ Rights

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Global Views 360

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July 31, 2020

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The Stonewall Inn in 1969

The Stonewall Inn in 1969 | Source: David via Flickr

The Stonewall Riots are globally remembered as the cornerstone of Pride Month, and rightfully so. Fifty-one years ago, a routine police raid on Stonewall Inn, a gay bar in New York turned into an upheaval against homophobic society, laws, and policing.

In the early hours of June 28, 1969, a police raid— often conducted on secret or private bars that exclusively served LGBTQIA+ patrons— turned its head on the New York Police Department.

The Stonewall riot in 1969 | Source: David via Flickr

Some accounts say that the pivotal moment came when few of the lesbians who were brutally shoved into a police wagon showed resistance. In response, the crowd lit up in anger and resistance. Instead of running away to save themselves, the patrons fought back, even leading to the police barricading themselves within the bar itself as they waited for backup.

The Stonewall riot in 1969 | Source: David via Flickr

News of the clash spread and more people gathered, throwing anything they could find: nickels, garbage cans, broken bottles, and yes, bricks too, though ‘the first brick’ may have been more myth than real. Eventually, it took the fire department and a riot squad to quell the riots on the first night.

Defiant, Stonewall reopened the next evening, and the confrontation between police and community members continued for the rest of the week, drawing hundreds and upto thousands of community members. A total of twenty one protestors were arrested over the week, with the majority being arrested on the first night itself.

It’s hard to pinpoint what exactly led to the Stonewall riots, or the status that it earned in present-day Pride and LGTBQ+ liberation movements. The movement for LGTBQ+ rights existed before Stonewall (if relatively subdued relative to what came after), and so did the concept of ‘Pride,’ in the form of ‘Personal Rights in Defense and Education’ (PRIDE) that went on to become the Advocate magazine.

Stonewall wasn’t even the first time the community clashed with the police. It has been postulated that the act of naming, “the first to be called the first,” and the decision of organizers to commemorate its anniversary in the form of ‘Christopher Street Liberation Day’ contributed largely to Stonewall becoming a permanent and popular fixture in LGBTQIA+ history and collective memory.  

Regardless of the contributing factors, the cultural impact of Stonewall on American and Western LGBTQIA+ communities was immediate and intense. It became the epicentre of a louder, more radical movement. The community had tried it the ‘respectable’ way through organisations such as Mattachine, but it didn’t get them anywhere.

The number of LGTBQ+ focused organisations and magazines soared after Stonewall, going from around two dozen to four hundred. These included radical organisations such as the Gay Liberation Front and Radicalesbians.

The year after Stonewall, Sylvia Rivera and Marsha P. Johnson, who were present at the riots and are considered transgender icons, created the Street Transvestite Action Revolutionaries (STAR), which focused on struggles of drag queens and trans and gender-non-conforming youth who often lived on the streets.

Stonewall Inn as it existed no longer stands, but the new Stonewall Inn in the same street and the park across it have been recently declared as a historic national monument.

The old Stonewall was not a luxurious bar in terms of drinks or furnishings. It was not a place frequented by upper or middle class, white, cisgender gay men. Being a dance bar whose patrons included working class or homeless LGBTQIA+ people and drag queens, it was often looked down upon. All of that changed in one week, and the spirit that shone in Stonewall that night continues to resonate and be celebrated in the hearts of all LGBTQIA+ people.

In light of the ongoing Black Lives Matter protests and the rioting that happened alongside, many LGBTQIA+ people on social media have responded to criticism by reminding people of Stonewall, and how the “first Pride” was a riot led by Black and Latin transgender women, gender non-conforming youth, and other LGBTQIA+ people of colour, the very people whose history and resistance has often been white-washed, diminished, or erased altogether.

As said by Martin Luther King Jr., “A riot is the language of the unheard.”

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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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