TUESDAY, MAY 07, 2024
Alexandre Moniz Barbosa
With a two-day session of the State Legislative Assembly having been convened in October, the Bhumiputra Adhikarini Bill that snowballed into a major controversy after it was passed in July at the last session of the Assembly is going to return to focus, essentially to see how the government plays it out now after the controversy that the bill has stoked. As it stands, the government plans to withdraw the contentious bill and introduce a new one which will not have the word Bhumiputra. The government has also sought comments and suggestions on the Bill and has received 150 of them until a few days ago, which, given the raging storm that the Bill has generated is a pretty low figure. Compare this number to the over 6000 that the Coastal Zone Management Plan generated. Also under the scanner will be the opposition that has resolutely said no to the Bill, but did so outside the Assembly. How these same opposition MLAs perform in the House when the revised bill is introduced is what matters now. When the Bill was taken up for discussion and passing the opposition had walked out. How will they react this time?
Almost two months after it was passed, discussions on the contents of the Bill have not subsided and not only have people made known their resistance to it, but villages across the State have been passing resolutions at gram sabha meetings against the Bill. Such resolutions that are being passed almost every Sunday are an obvious ploy to bring pressure upon the government to withdraw the Bill and keep it in abeyance, if not scrap it totally. But, will the resolutions of the gram sabhas be considered as inputs on the Bill or even as a measure of the sentiments of the people on the issue? If they are not, what is the value of the resolutions that are being passed by the gram sabhas? Do they even have any legal sanctity that can force the government to act?
We need to first address the question of whether the village gram sabhas have the powers under the Panchayati Raj Act to discuss legislation and pass resolutions on such laws. The answer, as per those who are very conversant with the functioning of the grassroots democracy bodies, is simple: under the powers and functions enlisted in the Act, the gram sabhas have no such authority. Essentially, these resolutions that are being passed have no legal status and the only purpose they serve would be to make public the sentiment of the people and for the village sarpanch and panchas to get media publicity for having opposed a law that is being enacted or has already been notified by the government. Here is a clear example wherein the gram sabha passes a resolution it has no authority to pass. Will then the government act on these resolutions?
But, there is a way out from this quandary and everything depends on the wordings of the resolution. What panchayats are empowered to do is pass resolutions giving reasons why a particular legislation interferes with the panchayat’s powers and functions. If a gram sabha can word a resolution to detail how this Bhumiputra Adhikarini Bill is disempowering it or will lead to weaken the powers of the panchayats, then the government would have to take notice as under the prevailing rules, it is under no obligation to act on these resolutions. So, if panchayats and gram sabhas want their views on the Bhumiputra Adhikarini Bill to be acted upon by the government they have to word the resolution in such manner that it shows their powers are diluted. If the legislation does not hamper the functioning the panchayat, then the resolutions would have no legal sanctity and the government would not be legally obliged to act on them.
It is, however, not just the Bhumiputra Adhikarini Bill on which gram sabhas have passed resolutions, but they have done so on the linear projects, on coal transportation and various other issues over the past months. Resolutions at gram sabhas regarding government decisions, and mainly opposing them, have become quite common, but none of these resolutions have been acted upon by the government, simply because the government under the law as it exists today does not have to do so. Very simply this needs to change. This calls for two immediate steps – enlighten the gram sabhas of their powers and amend the Panchayati Raj Act to permit gram sabhas to pass such resolutions that would then be binding upon the government or at least to get the government to respond to them. As of now the government does not even do the latter. The gram sabhas and their resolutions are just ignored.
If we want a barometer to measure the opposition of the residents of Goa to a particular policy or a decision or a legislation of the government, the gram sabhas are perhaps the best gauge. It is here that the people voice their opinion and the real feel of what Goa wants can best be understood at these village meetings. What is said at the gram sabhas is actually a call going out to the government from the villages, that they want a say in the decision making, that they don’t want their democratic right to be merely restricted to voting. So, shouldn’t the gram sabhas be given more powers?
Grassroots democracy in Goa needs to be given more teeth. The gram sabhas are vibrant, but unless they are given powers to oppose government decisions, their resolutions will not draw the attention of the authorities. Or they will get the attention but they will not be attended to. And that is what the people want – that their views be heard and action taken. But, it also suits the government – whichever government it may be – to keep the village bodies with as little power as possible. The reasoning would be simple, why create a monster that it would have to tackle at a later stage? It is also very relevant that most of the legislators of today were once panchayat members. They climbed the political ladder from there so they know just how much of a thorn a strong panchayat or gram sabha can be.
Alexandre Moniz Barbosa is Editor, Herald. He tweets at @monizbarbosa
