Scrap Bhumiputra Adhikarini Bill
Scrap Bhumiputra Adhikarini Bill
The Chief Minister
Govt. of Goa
SUB; REPRESENTATION AGAINST THE BHUMIPUTRA BILL
We the people of Goa wish to place on record our objections to the passing of the Bhumiputra Bill 2021 and /or bringing such a law in any other form for reasons explain hereunder.
i. The use of the word ‘Bhumiputra’ or even ‘Bhumi’ to any law that provides legality to encroachers who are not of Goan origin is an insult to the persons of Goan origin and the original settlers in the State of Goa. In case any law is brought to provide Soccour that must first go to these original settlers who are actually persons of Goan origin.
ii. Though we have one citizenship for the entire country the sons of the soil concept is firmly etched in human mind. We believe that the fruits of development must first go to the sons of the soil and/or the original settlers here in the State of Goa.
iii. The concept of Bhumiputra in the bill recently passed by the Goa vidhan Sabha is a fraud on the persons of Goan origin that domicile requirement of 30 years is an attempt to create a vote bank of the migrant population which has found Goa a land of opportunities due to outward migration of Goans and availability of lowly paid jobs not taken up by local population.
iv. We are not against urbanization or migration, but jobs must carry decent salary so that locals take up jobs in the state of Goa. Secondly it is the job of the government to provide housing for migrant labour force through different schemes that the government has to work out. It is irony that the Town and Country Planning Act and the Goa Industrial Development Corporation Act or any law does not take care of the urban poor, migrant labour force which has resulted in slums , shanties in urban areas and also in villages.
v. Bringing of a law to legalize encroachments in private land will hit the real estate sector as people will not buy apartments and/or any premises for letting out of fear of such laws and that will result in further growth of slums and shanties in our state.
vi. The law passed by the house giving ownership to a person who resided in Goa and who occupies a house on 31st March 2019 without any other qualification is a complete attack on right to property which is now considered a fundamental right by the highest court.
vii. In our state there is in force a Mundkar law which gives protection to occupants in somebody else’s land. The law is in force during Portuguese time. It is administrated by government officials who act as adjudicators and have allowed matter to linger on for decades due to sheer incompetence. It is required that appropriate legislative frame work is moved so that the cases are disposed of within a period of 6 months. As sunset clause is required to be introduced for people to take benefit of the law at the earliest.
viii. The Forest right Act must be implemented immediately and the rights of the forest dwellers must be adjudicated. This law will certainly help the real bhumiputras.
ix. The civil law in force in the entire country already provides for a concept of adverse possession when n encroacher is not evicted by the landlord for the period of 12 years. That civil law takes care of 12 years encroachment by third parties in private land and/or even government land. The civil court is the appropriate forum to decide such matters as rights of the people are adjudicated after leading appropriate evidence.
x. The Mamlatdars and the Dy. Collectors who have failed in their responsibility in administering the Mundkar Act cannot be expected to do anything better under the bhumiputra law in any form.
xi. This tiny state of Goa is blessed with rich heritage and environment which deserves to be protected for the next generation. Keeping that in view the government must bring in appropriate legislation for housing migrant labour force during the time they work in the state of Goa.
For reasons explained above we pray that the bhumiputra law be withdrawn and no such law which helps migrants set up slums and shanties in the state be promoted.
We pray that the bhumiputra law or any bhumi law be not even considered.