Both India and US have a vigilante issue

A comparison of how democracy takes its steps backwards!

 India gets its first bad bank - An analysis

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• The story: In India, the term "vigilante" is related to images of goons who indulge in lynchings, or beatings of helpless citizens. Vigilantes in India are undemocratic, bad and dangerous. But in the US, it's not so anymore, as the law has now been used in a particular state to make at least a part of vigilantism respectable!
• Citizen arrester: An already existing format of citizen vigilantism in US is the "citizen arrester". Anyone who breaks the law may be pursued and 'arrested' by another citizen, lawfully; it flows from the 12th century British Common Law tradition where a citizen could do so on behalf of the Monarch (now, 'State'). Of course there are risks involved, and hence debates, on the need to cut down such powers
• Texas leap: The legislature of the State of Texas has gone one step ahead (not back) in 2021! A Senate Bill 8 (SB8) introduced recently (the Heartbeat Bill) was signed into law, and prohibits abortion after six weeks, once the foetus registers a heartbeat.

1. An old "pro-life versus pro-choice" debate has been reignited in the US, based on aspects of women's rights, law, bioethics, medical science (reference: Roe vs Wade judgment, 1973)
2. Five things to note - (i) it takes away women's rights, (ii) even victims of rape and incest are included, (iii) anyone associated with abortion will be culpable, (iv) the Supreme Court declined to intervene, and (v) enforcement is outsoures to citizens!

• Micro assessment: Let us check all five one by one.

1. FIRST - Women lose the right over their own body, as abortion is made illegal after six weeks when many don't even know they're pregnant (so abortion, when needed, won't be available)
2. SECOND - Victims of rape and incest would now be subject to double victimisation as they have to carry the pregnancy (or abort illegally)
3. THIRD - Anyone who helps can be held guilty, even the taxi driver who takes such a woman to an abortion clinic! (and of course the nurse and doctor)
4. FOURTH - The US Supreme Court declined to intervene (5/4) in the injunction petition challenging this Anti-Abortion Law (J. Sonia Sotomayor wrote that a majority of judges have chosen to give up their duty to protect the rule of law)
5. FIFTH - Private citizens can enforce this law, and will even be paid $10000 for this service; any citizen of the US (even outside Texas) who can show any connection to the abortion can be remunerated; a new class of "bounty hunters" (or "citizen arrester") is born!

• A giant leap backwards: Texas state has cunningly protected its own officials (from getting sued) and outsourced this dirty job to private people. All rights given to women by the "Roe vs Wade" case are gone. The settled law has been overturned, in a mature democracy like the US, by partisan groups, just to suit their religious ideology (God has been let into the legislative chamber, exactly like that in India!).
• Voting law "reform": Now - "Reforms to the Voting Law" - in Texas (SB1), was signed into law recently. It bans drive through voting, 24 hour voting, and distribution of mail-in applications. It creates new ID needs for voting by mail, new rules for voter assistance, monthly checks, etc. Democrats cried foul, alleging this was voter suppression, and targeted at minority voters. Democrats flew out of Texas, to ensure no quorum, hence no voting, hence no law. The Speaker then issued warrants for arrests of these Democrat representatives - an absolutely shocking incident. Many Democrats said they felt more threatened by "citizen arresters" than by officials. An expert in the US argued then, that the scope of citizen arresters has to be curtailed to just shopkeepers, out-of-jurisdiction police and private police forces. But SB1 and SB8 of Texas shows they are expanding the scope!
• Summary: America has a proper vigilante problem now, and the oldest democracy seems to be competing with the largest one!
• EXAM QUESTIONS: (1) Explain the type of vigilantism that India and US are facing. How are they structurally different? (2) How can a mature democracy like the US face a problem like the one seen in the new Texas laws? Explain.

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#vigilantes #Texas #abortionlaws

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