Some argue that any legislation which would put a curb on land being sold to ‘outsiders’ is uncivilized and unconstitutional and that it would not help in preserving the identity of Goa. It has to be remembered that the Constitution has been amended umpteen times and in that it did not prevent Parliament from amending Article 19 to take away the Right to Property.
Presently, any law seeking to preserve land for Goans and their descendants with reasonable curbs incorporated to prevent wholesale selling of land to building lobbies from outside the State would be unconstitutional, hence the need for special provisions and an amendment to the constitution.
Goa (and Daman & Diu), was annexed to India under very unusual circumstances. Having been colonies of Portugal they were entitled to decide their future political status under the provisions of the United Nations Charter and specifically under Resolution Number 1514 of 14-12-1960 which was adopted by the General Assembly (to which India was a votary). The second clause of this resolution states: ‘All people have the right to self determination, by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.’
Goa needs to put forward this argument before the Centre, so that it understands the rationale behind the demand and how it differs from every other State in India (including Kashmir).
Goa’s right to demand and to get special protection, even from its own greedy sons if need be, who may be curbed by laws which would be deemed unconstitutional but for such an amendment, is the need of the hour. This demand is close to every true Goan’s heart which bleeds when it sees and feels the agony which his/her land is undergoing. Special status is not the panacea for all ills plaguing Goa. Caring and sensitive governments can enact legislations at this moment. The fact that they do not exist despite people’s demands speaks volumes about the caliber of governments that have ruled Goa.
It is possible, and indeed very probable that the political dispensations in Goa will use the demand for Special Status as a carrot to seek to entice the voter. But it is not a canard. Neither may it be used as a diversion tactic, for the electorate of Goa can be quite discerning. Let it not be underestimated.
(The writer is a Mapusa based lawyer)
