By Munibar Barui
On August 30, 2021 the Maharasthrawadi Gomantak Party (MGP) demanded that the Government of Goa should withdraw the Bhumiputra Act which was passed in the state assembly recently. The other opposition parties in the state of Goa Congress, Goa Forward Party and independent MLAs have also consented to towards the demand of MGP and are trying to resolve it with Governor P.S. Shreedharan Pillai.
This brings us to the first question: What is Bhumiputra Adhikarini Act?
The act which was recently passed in Goa assembly session, allows the state to give a dweller a house ownership so that he or she could live with dignity and self-respect.
Secondly, why are the tribals angered with the name of the Act?
Goa Chief Minister Pramod Sawant said the word “Bhumiputra (son of the soil)” that had angered the state’s tribal population, will be dropped from the title of the legislation. The term “Bhumiputra”—that may now be replaced with “moolGoenkar” i.e., a person who has lived in Goa for at least 30 years. Once an individual is recognised as Bhumiputra under the specified criteria, an individual can stake claim to ownership of their house of not more than 250 square meters, built before April 1, 2019 in the state of Goa.
Thirdly, what is the mandate of this Act?
As per the current political landscape of Goa that places great importance on the identity of the “Goenkar” (people of Goan origin), whose interests must be protected over that of the “Bhaile (outsiders)”.
Fourthly, what are the objections raised by Revenue, Law and Finance Departments of Goa State Government?
The Revenue Minister of Goa who introduced it, Jennifer Monserrate, raised eight issues that required scrutiny and asked for its introduction in the next session. Furthermore, the Revenue Secretary Sanjay Kumar advised against haste, even warned of “unseen repercussions”. Among the eight points requiring detailed examination, Monserrate said, was the interest of owners who had rented out their houses that would not be protected if the Bill was passed in its present form. In this context, she observed that “government servants staying in quarters will claim right to quarters while staying in the said quarters”. On the other hand, the Law Department noted on July 29, 2011 that the such legislation would require the consideration of the President of India after it is passed in the Goa Assembly “as the provisions of the Bill seek to deprive the owner from his property due to which provisions of Bill attracts Article 300A of the Constitution of India”. The Law Department also advised that provisions of the Goa Mundkars (Protection from Eviction) Act, 1975, be considered to ensure there is no overlapping in such context.
The Under-Secretary of Finance Department P.G. Bhat observed that in the provisions which allow a “Bhumiputra” to stake claim to the ownership of house built before April 1, 2019, he pointed out: “this implies that any person who is 30 years resident and is staying in rented premises or any premises constructed even on March 31, 2019 will get the rights of premises, including govt premises if any. In this context, the proposal is not recommended in the form it is right now and requires more detailing as land is a precious resource”. These provisions were not to be included in the legislation.
Lastly, what is the current situation of Goa in relation to the Act?
As per Goa CM Pramod Sawant, “there are 485 registered revenue villages in Goa and the moolGoenkar (original inhabitants) reside in such villages. Their homes have a number, electricity connection but those constructed with a license are only 20%. The 1/14 extract (document of ownership) is in the name of the occupant or his/ her previous generation hardly in 50% homes. There are over 3,000 homes each before Gram Panchayats and municipalities that have the sword of demolition dangling over them. All these 6,000 homes are original Goans (mool Goenkars), not migrants”. Furthermore, CM Sawant has also called for suggestions from the public on the Goa Government’s web portal.