Steady determination of land rights should be of essence and not opportunistic legislation that is meant to meet political goals. The ‘Bhumiputra Adhikarini Bill’ passed by the Goa Legislative Assembly is basically a ruse by the government to attract political support of the vast majority of people who may be or not be enfranchised to support the ruling party by granting them land rights which is not their entitlement at the moment. Instead of the blanket requirement of 30 years residence, the Bill should have been a more calibrated and just and equitable Act that would have protected the residents from being evicted on merit and not allowed them to stake claim for the property wherein many a times they have encroached and acquired in a manner that is bad in law of the land pertaining to acquisition of property.
Those who have been inhabiting the land for generations should have been given greater entitlements such as possession provided for landless people. Private owners should not have to forego their land free of charge but be entitled to discrete rule of law on the issue of their ownership and transfer of ownership to those who were say working for them. Nothing comes free and the government has no right to legislate law that encroaches on the right of ownership of private land.
This is merely a stunt to get political mileage and support since the Assembly elections are round the corner. In foresight, the legislation can provide land rights that have a legal basis and at any cost encroachments and illegalities should not be condoned, specifically to the detriment of the private owners of land.
Merely enacting a Bill which is populist to serve the electoral goals of the ruling party rankles of using a Bill passed to nullify the effect of time-tested laws governing ownership. Under no circumstances should retrograde Acts like this subvert the rights of ownership of private property holders. The government is at their discretion to provide land to the landless which is owned by the State, but cannot impose a Bill on private owners. Step by step legislation can be enacted with promises to protect tenants from eviction and even making allowances that they will own land after they have served certain legal frameworks. Fast-tracking an Act in a curtailed monsoon session of the Assembly clearly indicates the loss of confidence of the ruling party due to its own misgovernance and trying to push Bills that will boost their vote share on the basis of an Act that does not pass the scrutiny of law of ownership of land in essence.
What is even worse is that the government is resorting to such a promise and that will be definitely be contested in the Courts and will ultimately not see the light of day. Owners of properties who are grievously affected have got to challenge the legalities of this Bill in the High Court and the Supreme Court.
Laws are made in order to protect those who abide by it and the law breakers have to be taken to task for breaking laws. If law makers become law breakers and allow illegalities, the rule of law will cease to take effect resulting in mayhem.
