In recent years, the predominant interest of the Government in Goa is directed towards the sale, transfer, conversion of Goa’s lands. The whole political machinery seems to be geared towards making law and regulations aimed at land conversions to aid and assist building of complexes and premium luxury dwelling units, all directed at benefitting land sharks, builder’s community and commercialisation of Goa’s pristine land and resources.
Huge tracts of lands have also been handed over to various institutions for little or nothing. Something very strange, when these representatives have been presumably elected to cater to the needs of the People of the State, especially in terms of people’s livelihood, ease of living and generally towards a better quality of life, but these priorities seem to be of least importance to the elected representatives of Goa, whose plans and intentions seems to be directed at destroying, what is known as Goa.
The fundamental issue is that, these lands existed, before the State of Goa was formed, before the Portuguese rule, before the Kadambas or King Shashthadeva, before the third century BC, when Goa formed part of the Mauryan Empire, of Ashoka of Magadha and even before, Goa was considered, the land of Lord Parshurama. The land of Goa will continue to exist, even if generations of people disappear. From beginning to end, the land is permanent, then how could a few mortals, who are given the opportunity to govern the people for as short a period of five years, venture to transfer, sell or convert these Lands, permanently, irretrievably and forever?
There is a fundamental conceptual error in assuming that those in power, have the right and authority to deal with land in such a way, to create permanent changes and create new liability on the future generation, threatening and even depriving the basic rights of livelihood of the future generations of the people of Goa. The ‘time limited’ right of elected representatives, cannot and should not create an obligation on lands in the State, which goes beyond their normal tenure of five years. The Indian Constitution mandates protection of the environment and therefore any actions including laws or executive orders of the government of Goa and its officials, which ultimately destroys the State’s quality of environment, and causes destruction of natural land face, is unconstitutional and therefore illegal.
Protection and preservation of Land and environment is one of the proclaimed objectives of the Constitution of India and a fundamental policy of governance of the Nation.
In 1972, at the United Nations Conference on the Human Environment, at Stockholm, the participating nations adopted a series of principles for the management of the Human Environment.
The 42nd Amendment to the Constitution in 1976, after the Stockholm Conference of 1972, brought major changes to the Constitution of India and introduced responsibility on part of the State and the citizens to protect and improve the environment, by adding, Article 48-A to the Directive Principles of State Policy. “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
And Article 51-A (g) which deals with Fundamental Duties of the citizens states: “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.”
As per Article 37, these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
These Articles, though deemed unenforceable, does not give the government an unhindered and uncontrolled right to violate them or act contrary to them, to the destruction of land and environment. The appropriate interpretation would be that individuals cannot sue the governments for not enacting suitable legislation to protect the environment. A right of inaction does not include a right to negate or counter, as is happening now, in Goa.
Article 21, a fundamental right, gives everyone a Right to live in a pollution free environment and access to fresh water and quality air.
The Supreme Court, cited from the Atharva Veda (5.30.6) that “Man's paradise is on earth; this living world is the beloved place of all; It has the blessings of Nature's bounties..."
Therefore, every government dealing with land has to be related or connected to human welfare and necessarily to the welfare of the people living in those areas. The relations binding people to the land are essentially social in nature, and societal concern merits prime consideration in any land dealings/ transactions by the Government, land rights is a human rights issue for the local populations. Land right is also a cultural right of the local people not only of economic livelihood but is also the source of spiritual, cultural and social identity. As per the Human Rights Committee in its interpretation of article 27 of the ICCPR.
It’s high time that the judiciary steps in ‘suo motu’, and stops the misuse and abuse of power by governments in enabling destruction of land and environment. “Save the planet”. Fortunately, the Indian judiciary has a healthy record of out stretching its judicial arm, in many hopeless situations in the country, be it the invention of the basic structure doctrine or sexual harassment in workplaces or getting rid of the concept of locus standi in public interest litigations and of course the list is long when it comes to protection of environment.
Failure of the judiciary to act decisively, against administrative and legislative actions which destroys the environment but merely waiting till a genuinely concerned Government takes over administration in Goa, may be preceded by another ‘Wayanad’ in Goa. Nature does not follow human schedules. The fact that not a single animal was found dead in the “Wayanad disaster” is evidence of human insensitivity and incompetence in respecting Nature.
(The writer is a Professor of Law & an education
consultant)