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CHAPTER 6

PROTECTING THE COMMUNIDADE SYSTEM

AND THE VIEWS OF THE STAKEHOLDERS

6.0 Introduction

Activists and scholars who know the Comunidade system well have been

clamouring for protecting the Comunidade system. When some of these

activists and protagonists of the comunidade system were interviewed for

their opinion about the need to protect they had much to say. According

to Dr. Efrem D’Sa “This ancient system of socio-agro economic must be

protected and be declared – National Heritage of India.” 1 According to

Mr Agnel Pires Lobo “ The Comunidade system is very good for Goan

Villages if it is followed strictly as used to be in the Portuguese regime.

Comunidade code is very well formulated and it should be followed

strictly and only then the comunidade system can be effective. It was

very effective during Portuguese rule as the implementation of law and

other was good. Now unfortunately with corrupt politicians the code of

law and order is really bad and as such Comunidade system has become a

subject to the over politicians.” 2

According to Mr. Ratnakar Parab, the President of Tivim Comunidade,

Bardez, Goa “The Comunidade institutions are disintegrating and the

younger generation specially have not been taking any active part in the

working of the Comunidades. The present generation is also unaware of

the richness of the comunidades. These Comunidade institutions need to

be protected.” (Mr. Ratnakar Parab, President – Tivim Comunidade,

Bardez, Goa, 2010) According to Mr. Agnelo Lobo “The Comunidades

are great institutions however they are not governed in a proper manner,

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and hence reforms and resurgence of comunidades is required at the

moment.” 3

Over the last few years many have been studying the Comunidade system

and these scholars and investigators have come to the conclusion that the

Comunidade system is seriously threatened and could soon disappear.

Hence they have been writing about it. Some Goan scholars, intellectuals

and even conscientious politicians have been spearheading the move to

protect the Comunidade system. The members and office bearers of many

Comunidades have themselves realized and come forward to take up the

fight to protect and preserve the comunidade system in Goa. Some of the

steps taken in the direction are enumerated here below.

6.1 Attempts to Protect the Comunidade System

During the last decade a lots of efforts have been made by the Gauncars

and other social activists and academic scholars to preserve and protect

the great institution of antiquity, the Comunidades of Goa. Some of these

efforts are enumerated and enlisted herebelow.

1. Formation of the Association of the Components of

Comunidades

Having realized the serious threat posed to the Communidade system in

Goa many of the native Goans have now organized themselves to protect

and save the Gaunkary/Comunidade system. They have formed an

organization called as the All Goa Association of the Components of

Comunidades4 and have prepared a Charter of Demands of the Gaunkars

of Goa and have called upon the concerned Authorities of the

Government of India and Government of Goa to help protect the

Comunidade system. This Association which was registered on

27.10.1995 under the Societies Registration Act 1860 and is open for

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anyone who is for the protection of the Comunidades. It has put forth the

demands by a Charter of Demands dated 15-4-2007 and the same are

given below:

DEMAND No 1: To abolish all zaminddari and Proprietorship natured

titles, granted by the state rulers and held by the members of the public in

this state of Goa.

DEMAND No 2: To amend the Peoples Representation Act to provide

for suitable representation of gaunkars as a class in the formation of the

state Government Which is a must for purpose of fair representation,

since it is the gaunkars who stand declared to be absolute owners of the

private villages of Goa which cover over 70% of the land mass of Goa.

DEMAND No 3: To stop panchayats and Municipal bodies, collectors

and mamlatdars, appointed under the revenue laws of the state from

carrying on business in the Government, within the private comunidade

villages of Goa.

DEMAND No 4 :To refrain from carrying out any amendment to the

customary law of the gaunkars and /or to the codified rules and

regulations known as “codigo das comunidades”(code of comunidades).

DEMAND No 5: To admit and declare all such so called “amendments”

suo moto carried out to the present code of comunidades (not in

accordance with article 652 of the said code of 1961), as illegal for all

legal purposes.

DEMAND No 6: To stop acquisition of comunidade lands under the false

color of land acquisition Laws since the gaunkars/ comunidades are sui

juris absolute owners of the private villages. All previous so called “land

acquisitions” made by the concerned Government Departments must be

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declared: ‘Illegal and wrongful occupation of the so called acquisition

land by abuse of power of the state’.

DEMAND No 7: To restrain forthwith the authorities appointed under the

Indian Registration act from registering so called “sale deed” transactions

in respect to any land covering or falling within the private comunidade

villages in Goa, at the instance of any person under the provisions of the

said law.

DEMAND No 8 : To give due compliance to the age-old treaty with the

state which guaranteed protection of the gaunkars and more so prevent

displacement from and alienation of their lands and immovable

properties. In short, the Government Should refrain from carrying out its

business, acts and deeds leading to Ethnocide of Gaunkars and their

families within the private comunidade villages in Goa.

DEMAND No 9: To declare the gaunkars of Goa “oppressed And

Endangered Indigenous/ Adivasi Communities” and stop atrocities

against the gaunkars and their families forthwith, and withdraw all the

illegally enforced state made agrarian land reform laws & Government

Business thereof, in the private comunidade villages.

DEMAND No 10 : To declare Comunidades of Goa: National Heritage

Of India.’

DEMAND No 11 : To provide a minimum 25-yrs window for the

gaunkars of Goa to re-estabilsh their institution and economic Slef –

Reliance with Government assistance at all times, wherever atrocities

have taken place.

DEMAND No 12 : To provide scope and opportunity for gaunkars to re-

estabilsh the gaunkaries/ comunidades abolished in Goa by previous state

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rulers as stands solemnly promised in terms of the legislative diploma

No.2070 dates 15.04.1961, and restore the land of the private comunidade

villages, illegally acquired by successive Governments since liberation of

Goa, to its original status.

The above mentioned demands have been conveyed to the central and

State Governments and for last several years the supporters of the

Coomunidade have been organizing Seminars, Conferences and holding

meetings and demonstrations to highlight the need to protect the

Communidade or Gaunkary system.

2. The Convention of the Comunidades

A Convention5 of all the Comunidades was convened on the lines

prescribed in Article 652 of the Code of Comunidades, on 30th

October,

2009, at Menezes Braganza Hall, Panaji, Goa. The agenda for this

meeting of the Convention was

i) Appointment of suitable persons as Administrators of the

Comunidades I consultation with the components of their

representatives and to stop forthwith the appointment of officers

from Goa Civil Service to the post of Administrators.

ii) To appoint consultative Committees in each of the three (3)

zonal offices of Administration of Comunidades on terms set

out in the body of this Petition.

iii) To appoint a Commission comprising of concerned Government

officers, representatives of Comunidades and other experts in

the field to: (1) study the functioning and organization of the

Administration Offices and recommend measures for their

efficient functioning; (2) to identify dead or non-functional

Comunidades (Comunidades Commissas) and make

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recommendations for their liquidation or merger as per law,

and; (3) to fix accountability for the illegal and irregular acts

committed by the Administration offices over the years.

iv) To order and authentic official translation of the Code of

Comunidades to be prepared in English duly gazetted preceded

by pre publication for suggestions and objections.

v) To produce the accounts of the ‘derrama’ from year 1982 to

2002 in the office of the respective Administrators of

Comunidades.

vi) To request the competent authority to produce the accounts of

the “Caixa de Aposentacoes” (Pension Fund).

vii) To order the Respondent No.5, 6 and 7 (Administrator of

Comunidades) to submit report with regards to improvement of

agriculture payments dividends and Janos, etc., as provided

u/art. 125(31) of the Code of Comunidades for the last twenty

years.

viii) Within two months to withdraw staff and reduce the staff in the

3 Administration Offices as may be recommended by the

respective Consultative Committees.

ix) To declare as “Comunidades Commissas” those Comunidades

which fall under the purview of Art.173 to 181 of the Code of

Comunidades.To call of/decide any proposal to give grant-in-

aid to Comunidades.

x) To recover rents and secure possession of premises in the

building of the Administration of the Comunidades, and to

enact a suitable legislation to raise and recover the rents and/or

recover possession.

xi) To implement the provision under Title VI Art.643/644 of the

Code of Comunidades regarding salaries of staff.

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xii) To take steps for demolition of illegal constructions/

encroachments in Comunidade lands.

xiii) Payment of dividends (‘Jonos’) to the shareholders and

Jonoeiros whenever not paid, without further delay.

The above agenda was transacted by the many participants coming from

among the active Comuidades which are now said to be 60 out of the 223

odd comunidades. But the Government did not give any response or

endorsement to this Convention.

6.2 Legal Battles for the Comunidade System

Writs and Court Cases, Summaries and Outcomes

Many Writ Petitions have been filed over the years by different

Comunidades or their Managing committees or some activists and public

interest spirited persons. Brief analyses will be useful to see how these

court case are helping or hindering the survival and growth of the

Comunidades in Goa.

1. In a case Writ Petition Number 57/2008 the High Court of

Bombay at Goa has held that Respondents have not taken action

and have illegally sought to regularize the encroachers on the

Comunidade land in sirsaim Comunidade in Bardez. This order

therefore clearly establishes the nexus between different parties to

illegally usurp and encroach on comunidade lands by encroachers.

2. In Writ Petition Number 357/2005 the High Court of Bombay at

Goa has held that the Managing committees cannot be simply

removed by Government without following the due process of

law.

3. In Writ Petition Number 357/2005 the High Court of Bombay at

Goa has held that the Managing committees cannot simply permit

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the mining company to get comunidade lands for mining purpose

on lease without following the correct procedure.

4. In a Writ Petition Number 234/2005 the High Court of Bombay at

Goa has held that the Managing committees cannot delay

indefinitely taking the matters to the Courts for remedy.

5. In a case by the petitioner Policarpo D’Souza of the Chorao

Comunidae High Court of Bombay at Goa has admitted this writ

Petition with the plea challenging Goa Government’s legislative

competency to make laws of the nature of land survey or

introducing Section 55 to the Goa Agricultural Tenancy Act,

1964, in the absence of ‘tenure relationship’ between the State and

communidade/private citizen, or revenue villages of tenure holders

of State lands. The petitioner has also prayed for a writ declaring

Section 55 of the Goa Agricultural Tenancy Act, 1964, as ultra

vires of the Constitution and null and void, on the grounds that

certain sections of the Code of Comunidade have been repealed

without amending the law of Comunidade. And this could be

done provided the State assumes the ownership of the comunidade

lands. However, this can be done only by the Central Government

and not the State Government says the memo of Writ Petition.

This writ is presently being heard by the High Court of Mumbai at

Goa.

6. In another case regarding the issue whether the Comunidade lease

amount to ownership, the fast track Court has held contrary. A

ruling from a fast track court held that a person holding an

aforamento (long-term lease) granted by a comunidade cannot

claim ownership rights nro sell the property as the grant is not

perpetual. Ad hoc district judge Vijaya D Pol of the fast track

court in Panaji, rejecting a special suit filed by a family seeking to

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restrain the Taleigao Comunidade from interfering with the

property in question ruled that, “The Comunidade’s land cannot be

sold and even the comunidade itself can sell the land only when in

liquidation proceedings the (Comunidade’s) assets are found to be

inadequate. The judgement assumes significance as vast stretches

of comunidade land are being sold for commercial purposes.

Dismissing the suit, the judge upheld the defendant’s argument

and held that as per the provisions of he code of comunidade’s “no

absolute ownership to the land can vest on any grantee, nor can it

stand transferred in favour of such grantee”. The grant of land on

aforamento basis also not perpetual and is determined by the

period specified in the contract of the lease. Andre Pereira,

advocate for Taleigao comunidade had argued.

7. In a Writ Petition Number 155/2001 the High Court of Bombay at

Goa has held that the land acquired by Government from the

Saligao Comunidade cannot be paid such low compensation and

hence set aside the Award.

8. In First Appeal Number 300/2003 and two others F.A 317/2003

and First Appeal 300 also of 2003 the High Court of Bombay at

Goa has held that the Comunidade of NaGoa has to be given

higher compensation for its land acquired by the Goa Industrial

development corporation, a government body.

It is evident that a large number of matters and case running into

scores and even hundreds over the year pertaining to the lands and

disputes of shares of the properties of Comunidades are taken to

Courts by the Comunidade Managing Committee. This indicates on

one hand the level of attack on the comunidades from the encroachers

and vested interests as well as the Government and on the other the

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fight back by the comunidades. The courts have often given good

judgements but when it comes to acquiring lands by government the

Courts cannot do much but increase the compensation by considering

the merit of each case.

6.3 Representations to the Authorities

1. Representation to the Governor

The Association of the components of the Communidades of Goa have

made a representation to the Governor of Goa to bring to his notice the

plight of the Comunidades and has requested action to help the

Comunidades. The representation is annexed to this thesis as Annexure –

K and reply to it at Annexure -L .

2. Representation to the Prime Minister

Similarly yet another representation has been made by the Association of

the components of the Communidades of Goa to the Prime Minister of

India to bring to his notice the plight of the Comunidades and has

requested action to help the Comunidades. The representation is annexed

to this thesis.

3. Representations to State and Central Governments and All

Political Parties

The Association of the Components of the Communidades of Goa has

also made a representation to all the Political Parites of Goa to bring to

their notice the plight of the Comunidades and has requested action to

help the Comunidadces. The representation is annexed to this thesis.

It goes without saying that not much has come from all these efforts.

Most of the authorities have not even bothered to send a reply or to do

anything.

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6.4 Views of Comunidade Activists

The institution of Comunidades is reeling under many pressures and its

components are under a lot of stress and pressures. It would have been

therefore appropriate to consider their views and opiniuons about the

comunidades in order to understand the real situation and how these

stakeholders view the whole issue. The primary stakeholders are the

Gauncars and the shareholders but since the Government also has its

interest in the Comunidades even the Government officials become some

sort of stakeholders. The activists trying to save and preserve the

institution of comunidade are of utmost relevance since they are the ones

who are waging legal battles and spearheading the fight to save these

institutions of antiquity. Therefore attempts were made to elicit the views

of the important stakeholders and those who have a bearing on the

Comunidades. The prominent office bearers and activists of the

Association of the Components of the Comunidades and members of

some Comunidaders were personally interviewed for the purpose of this

study.

There are a few strong activists who are fighting the battle for protection

and preservation of the institution of the Comunidades. They have been

regularly meeting and discussing the issues relating to the Comunidade

system. They have formed the Association of the Components of the

Comunidades to protect the interests of the Gauncars and the

Comunidades. In order to understand the various issues affecting the

Comunidade it was essential to gather their views and hence 10 of the

most active members of the Association of the Components of the

Comunidades were interviewed and their views are presented verbatim

herebelow.

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1. The problems faced by Comunidades today

As regards problems faced by comunidades Dr. Efrem D’Sa,Treasurer

stated that “The major problem faced by the comunidaes today is due to

Government interference in the functioning of the system by illegal

exercise of power and authority, fraudulently framed and maintained land

survey records, imposing land reforms, illegally carrying out amendments

to the unofficial English version of the Code of Communidade, applying

land acquisition, etc. By these acts of the Government, the Comunidades

have lost their source of income/their character. Also irregularities

committed by managing committees, misunderstanding of the laws and

misrepresenting by the government appointed administrators and

escrivao.”

According to Adv. Andre Pereira “The State does not possess

Legislative nor constitutional competency to legislate on the land of the

Comunidades or over affairs of the comunidades. It has no Eminent

Domain over the lands of the Comunidades to acquire or impose agrarian

land reforms and constrain or restrict the functions of the Comunidades

by land grabbing. Comunidade lands purportedly acquired by the

wrongful exercise of authority of Eminent Domain by the State (both for

state and Central Governments, Government agencies or Companies,

Corporations or Housing Boards, etc.) amounts to criminal breach of trust

with an intention to eliminate the Comunidades in Goa.”

Mr Servo Fernandes said that “Comunidades are facing a number of

problems after the introduction of Land Revenue Code and the Tenancy

Act. In fact the Comunidades are having its beautiful Code. And the

Land Revenue Code as well as Tenancy Act is not applicable to the

Comunidades, as the lands of Comunidades are private lands and not the

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Government lands nor are the Comunidades grants from the Government.

All villages of Goa are Comunidade Villages and not Revenue Villages

as wrongly understood by many people. Thus under the guise of the

Land Revenue code and the Tenancy Act lands of Comunidades are just

grabbed by unscrupulous people with the cooperation of the Revenue

Officers naming these people as tenants by leading false evidence. In

fact, all lands were auctioned to the cultivators for a specific period of 3

(three) or 6 (six) years. Therefore, after the period of 3 to 6 years, the

auctioneer has absolutely no right.”

Mr Agnel Pires Lobo says that “The problems are based on lax

implementation of laws and specifically it can be said to be (1) Like the

leases are given with no regard for the rules and regulations mentioned in

the Code of Comunidades; (2) No action is taken on the rule breakers; (3)

Leasees are termed as Gaunkars by Mamlatdars which is illegal; (4) No

lease rent is paid by anybody; (5) No protection for the age old

Comunidades.”

Mr Luis Antonio de Souza states that “The destruction of this sacred

institution has been mostly in the last 40 to 50 years and such destruction

was never attempted before in its long history. The Comunidade

institution which is of ancestral heritage withstood from all kinds of

forces such as invaders, dynastic expansionism, marauding kingdoms of

yore and the colonizers of yester years. But the coming of democracy and

liberation has spelt its doom”

Mr. Hector Fernandes said that “After the liberation comunidades were

sidelined. Although Comunidades fulfill much more functions than listed

in the directive principles, new administrators who descended to Goa

behaved as if they have come with magic formulae for Goa and

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introduced Panchayati Raj Act and Revenue laws and conducted revenue

survey extending over comunidade villages without jurisdiction and thus

misleading Goa’s pseudo intelligentsia, who as gullible as ever , allowed

themselves to be ruled by alien laws to the land and the people. This has

been the cause of rapid decline of the comunidades”

Mr Ratnakar Parab, the: President of Tivim comunidade has rued that

“Comunidades are facing maximum threat from the government; as the

government is all out making all attempts to finish the comunidades,

claiming that comunidades have failed in their working and running as

administration.”

Mr. Agnelo Lobo of the Serula Comunidade holds that the “The major

problem is that comunidades in general have become very weak; if one is

not close to the politicians no working of comunidades gets done. Hence,

to overcome all hurdles in running the comunidades proximity to

politicians is justified.”

Mr. Policarpo D’Souza, Attorney of Communidade of Chorao says that

“ Today the problems faced by communidades is of the interference of

Government and the politicians in the affairs of comunidades. Though

the Government is the protector of comunidades by today they are the

worst enemies of the comunidades.”

2. The issue of Political interference in Comunidades’ functioning.

Dr. Efrem D’Sa who is the Treasurer of the All Goa Components of

Comunidades of Goa further stated that “Most problems arise due to

government/politician illegal interference in comunidades functioning.

Government and other authorities are illegally acquiring lands of

communidades at a pittance, abetting illegal encroachments and illegal

construction on comunidade lands for vote banks of politicians. Also

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illegal appointments of ignorant and manipulative staff in each of the

administrative offices of comunidades in Goa and also the non-

appointment of judges in administrative tribunal to look after the cases

pertaining to comunidades have resulted in further decline of the

Comunidades.”

According to Adv. Andre Pereira who is the President, All Goa

Components of Comunidades the “The State and Government of Goa,

even though having no constitutional competency, have carried out so

called amendments to the unauthentic/unofficial English version of the

Code of Comunidades with an intention to destroy the very foundation of

Comunidades by keeping the Gaunkars/Comunidades under bondage.

The said illegal acts of so called amending the code, the act of land

acquisition, the acts of illegal imposition of land reforms, providing

incompetent administrators and other staff, etc., by the State, has

committed and is progressively committing ethnocide and institutional as

well as cultural genocide of Gaunkars/Comunidades of Goa by displacing

and dispersing Gaunkars into exile or to take refuge elsewhere and/or be

at the mercy of politicians and bureaucrats.”

Mr. Servo Fernandes, the President of Colvale Comunidade says that

“The entire Comunidades institution has suffered solely because of the

intereference of politicians as well as on account of the negligence of the

office bearers/committee members of the Comunidade who have been

unfaithful to their own Comunidade, but that too with the cooperation or

influence of the politicians. Helping to grab the land of Comunidade by

some unscrupulous person or persons has become a vote bank for a

politician, specially those involved in illegal constructions. In one

sentence, “politicians encourage and support illegal acts of citizens”, with

the sole purpose of grabbing votes.”

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Mr Agnel Pires Lobo, the President of Comunidade De Calangute avers

that “Political interference is maximum specially by corrupt politicians

and lot of pressure is brought on police not to take any action by the

politicians, etc., and instead of Gaunkar getting any advantages, Govt. is

distributing Comunidade land to outsiders fraudulently.”

Mr Luis Antonio de Souza, a Gauncar of Comunidade of Goltim Piedade

(Divar) Ilhas Goa, stated that “The Comunidades are absolute private

bodies that have the unique right to their private assets particularly in

territorial terms by way of eminent domain held by the earliest dwellers

who demarcated their precise boundaries. After the Indian Government

took over great damage has been inflicted by way of disregard, and

disrespectful treatment by introducing parallel legislative laws that were

to obliterate one of Goa’s essential features that gave an identity

rightfully its own from its inception itself.”

Mr. Hector Fernandes, an activist and President of Comunidade Fraternal

de Aldona, Bardez, Goa stated that the “ Political interference cannot take

place in the comunidade functioning except with the connivance of the

Managing Committees and components of Comunidades. In a healthy

body there is no sickness, but our Managing Committees and components

have invited such sickness due to our personal ambitions and greed and

lack of unity amongst members. This is in our hands.”

Mr. Ratnakar Parab of the Tivim comunidade said that the “MLAs are

encouraging illegal constructions on comunidade lands as if the property

belong to them. This illegal promotion of construction activity has

resulted in fertile political vote banks. The politicians irrespective of

their party affiliations are all indulging in such construction of political

vote banks; totally detrimental to the functioning of Comunidades.”

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Mr Agnelo Lobo, of the Serula Comunidade also agreed that “The

politicians definitely have interfered in all domains of the Comunidade

system. They have a greater stake then the Gaunkars and are somehow

dominating over Comunidade bodies.”

According to Mr Policarpo D’Souza, the Attorney of the Communidade

of Chorao “ First of all the Gaunkars are to be blamed for political

interference, as Gaunkars create a vote bank of a politician. At the time

of election they give goodies to the voters and then they do what they

want and you have no right to say anything or neither a single word as he

has bought the votes.”

3. The issue of protection and preservation of the institution of the

Comunidades to ensure its continuity for posterity.

According to Dr. Efrem D’Sa the Treasurer of All Goa Components of

Comunidades, Goa “Nothing much is being done. Gauncars due to their

ignorance or don’t care attitude are least bothered in

preserving/protecting for ensuring continuity of these institution.” But he

further states that the “Awareness of the rights of the Gauncars by the

Gauncars themselves and protecting their rights in the proper courts of

law, can to some extent ensure the continuity of the comunidade system.”

According to Adv. Andre Pereira, “Till date no efforts have been made by

any State Government of Goa, to comply with the said provisions and to

undo the illegalities and wrongs by the State administration at the

relevant point of time and to restore the wrongfully dissolved

Comunidades in Goa. Instead, the government of Goa is making use of

the laws which have originated under the British colonist to eliminate the

Comunidades by all means available for the benefit of its politicians.”

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Mr Servo Fernandes says that “The laws existing in this State are only on

the paper or books, but its execution is absolutely poor. The law

enforcing agents of Government/Revenue Officers with the cooperation

of politicians have almost destroyed this beautiful institution by causing

injustice to this beautiful agrarian institution and our State was self-

sufficient with agricultural produce. The Code of Comunidades gave

equal right and distribution of land to those cultivators/agriculturists who

were really eager, interested and capable of good production in the land

allotted to such person by periodical auction with strict enforcement of

the Code. The introduction of Land Revenue Code and the Tenancy Act

have destroyed the Agricultural production in our State instead of

boosting it inspite of having modern technology. So far the Government

does not seem to do anything to preserve, protect and ensure continuity of

this valuable institution. The only option is left for the faithful and

patriotic Gaunkars who have no selfish interests but if they get together

and approach the High Court for justice by enforcing strictly the

provisions of the Code of Comunidade by restoring the lands of

Comunidade by making certain amendments in the interest of

Comunidades and striking down the amendments which are destroying

the interests of the Comunidades.”

Acording to Mr Agnel Pires Lobo nothing much is done to protect the

Comunidades but asserts that “Though Gaunkars are fighting to revive

and solve it, Government. help is not forthcoming. While other states

appreciate our Comunidade system, especially Delhi, our Goan corrupt

politicians are trying to rob and destroy it for their own benefits.”

Talking of protective measures adopted by the activists Mr. Luis Antonio

de Souza states that “The Association of the Components of

Comunidades for over a decade have continuously brought to the notice

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of the Government and all its agencies, departments and subsequent

governors at all levels, that is, state central and the judiciary, about the

plight of the Comunidades, but the efforts have fallen on deaf ears. The

feigned ignorance and suppression of the Comunidade rights and gross

violations caused to it through unconstitutional means has been serious

threat to the Comunidade System.”

Activists Mr. Luis Antonio de Souza further states that “Many a times it

has been expressed in the media over the years, of the concern to revive

and revitalize the Comunidade but has proved to be only a sham.” He

further says that “The afforements (temporary licences) for specific use of

harvesting produce have been misconstrued and have alienated vast land

mass that has only meant the annihilation of the very existence of the

Comunidade’s which existed long before the state itself became present.

The state is under obligation to protect and safeguard the interest and

honour its entity by way of the treaty signed by the Governor and the

Council of the Comunidades at the time the Portuguese retreated and the

Indian administration replaced them.”

Activists Mr. Luis Antonio de Souza states that “The injustice caused to

the Comunidade system should be brought to the world court to set right

the grave dishonour meted out to them since the disregard of their lawful

functioning has been willfully unconstitutionally subjected to injustice

and the sacred solemnity enshrined in the Comunidades has been

dishonoured.”

Mr Hector Fernandes states that the formation of the “Association of

components of comunidades with the aim of dissemination knowledge to

the people about heritage value of the Comunidade institution which

gives a very special and unique identity and ownership to the whole

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village against the whole world will go a long way in protecting the

Comunidade System. But much is to be done and involvement of

younger generation is desirable.”

Mr Ratnakar Parab says that “ The Gaunkars are holding meetings and

are trying their level best to keep this institution alive. They are holding

Taluka-wise meetings, as well as liaising with the Association of the

Components of Comunidades – A central body monitoring construction.”

He feels that this is one sure way of ensuring the survival of the

Comunidade System.

Mr Agnelo Lobo believes that “ Government is doing anything good

except giving assurances.” He further holds that the government is not

interested in the welfare and rejuvenation of comunidades and thinks that

the Government feels that if comunidades are activated the way they

were before; politicians would be at the receiving end.”

According to Mr Policarpo D’Souza “All the Comunidades are facing

some problem, Government introduced Tenancy Act, Mundkar Act, Land

Revenue Code, Panchayat Raj Act, etc. All these laws are not attracted to

the lands of Comunidade since our lands are not “Estates” as defined

under Article 31A of Constitution of India.”

The main issues pertaining to the Comunidade system

According to Dr. Efrem D’Sa, the Treasurer, All Goa Components of

Comunidades, Goa the main issues facing the Comunidade System are as

follows:

1.Use of the illegal and unauthenticated translations of the Code of

Comunidades.

190

2. Fraudulently framed and maintained so called record of rights without

jurisdiction by revenue authorities.

3. Fraudulently application of agrarian land reforms.

4. Fraudulently exercising powers to acquire lands of the comunidade by

force of state machinery at very low cost.

5. Ignorant and incompetent administration of the comunidades causing

great prejudice to the comunidade villages.” He further adds that “

Besides these there are many more injustices, manipulation and frauds,

continuously perpetrated against the comunidades.”

On the other hand according to Adv. Andre Pereira the President, All Goa

Components of Comunidades ” There are many complex and burning

issues facing the comunidades” he did not enumerate them but said that

he has been agitating for many issues.

For Mr Servo Fernandes the main issues are “The ones pertaining to the

destruction of the Comunidades System which started when the

Government issued Circulars to the Administrators, thereby stopping the

auction by Comunidades. At that time the Gaunkars did not forsee the

intention of the Government, and the motive behind it, to stop auctions. I

feel the Gauncars were self confident or over confident and some felt that

they cannot raise their voices over the decision of Government since the

citizens of Goa were always subordinate to the superiors specially the

Government and never thought of challenging the action of Government.

There was no union or association of the Gaunkars at that time to unite

and fight against the action of the Government. Even thereafter the

Committees/office bearers did not act to fight to protect the interest of

Comunidades. Many of the Committees/office bearers colluded with the

so called false tenants, for their personal selfish gains by destroying the

191

interests of the Comunidades. Moreover, the young energetic, educated

and upright Gaunkars did not come forward to work for the interest of the

Comunidades to work as Committee members/office bearers and thereby

old, feeble, uneducated and corrupt/negligent Gaunkars were appointed as

Committee members/office bearers. Finally lack of funds of the

Comunidades also could be one of the issues pertaining to the

Comunidade system.”

For Mr Agnel Pires Lobo “The only issue is that the Government. is not

respecting the Code of Comunidade. If the Government is serious it can

still act, but if it allows the mamlatdar to declare Comunidade leases as

mundkaris or tenancies then its dooms day for the Comunidade System

and it will destroy the age old heritage system called comunidade.”.

Mr. Luis Antonio de Souza says that “Every Comunidade needs to be

awakened and strengthened constitutionally. All its members need to be

alerted and its functioning recharged with the provision of its statutes.

This is an obligation of the state which is responsible to safe guard but

unfortunately the opposite has been happening for so long now that he

purpose it self has got obscured.”

Mr. Luis Antonio de Souza further adds that “Each Comunidade needs to

take stock of the mal practices/injustices and violations meted unto them.

The damage should be set right and a course to reinforce its interest and

rights should be reinstated on a war footing. Every Gauncar, near and far

needs to be roped in and reinitiated into the comunidade system again.

The loss and damage caused to the Comunidades must be brought to their

notice and convention should be held to reestablish and reallocate the

assets and resources. And reconstitute the same wherever need be.”

192

For Mr Hector Fernandes “The whole village belongs to the comunidade

and this comunidade village is a private village governed by its owners

who are called Gaunkars. Land Revenue Code cannot operate in a non-

revenue village. Hence the Government interference must be stopped.”

For Mr Ratnakar Parab “The main issue is that the government has no

business to govern comunidades, since they are independent private

bodies, except tutelage protection. It however has been trying to brand it

as a government office. This must stop”

Mr Agnelo Lobo states that “ The main issue is the land grabbing taking

place in all comunidades either with or without connivance of

comunidade officials.”

1. Issue of Panchayati Raj and its impact on the Comunidades

According to Dr. Efrem D’Sa “The government cannot constitute

Panchayats and other bodies within the private comunidade villages of

Goa. The Panchayats cannot carry out its duties and functions in a

locality where land does vest with the government.”

Adv. Andre Pereira, also concurs that “No private Village and/or any land

thereof, belonging to any Comunidade in Goa can be expropriated and/or

acquired by the State Ruler/Government, when there is absence of grant

and absence of State landlordism ab initio. The State of Goa stands freed

from the Portuguese Rule by the act of the Union of India on 19.12.1961,

who succeeded the same before the popular State Government could be

installed in this State. The said Union Government and or the State

Government can succeed all the immovable properties and assets that

belonged to the state and/or which were vesting in the ex-Rulers as

provided in terms of Article 294 and 295 of the Constitution of India, and

not beyond.”

193

For Mr Servo Fernandes “Panchayati Raj and Comunidades are quite

different. Panchayati Raj has come into existence in Goa in 1963 or so,

but Comunidades existed since time immemorial which is thousands of

years. Prior to 1963 the Comunidades were the local bodies as well as

local authorities. The Comunidades are the actual

owners/landlords/proprietors of the villages/towns of Goa and have a

eminent domain over its land. The lands of Comunidade are not

alienable. It is clearly mentioned in the Code of Comunidade (Diploma

Legislative 2070). Panchayati Raj is just a governing authority imposed

on Goans. This has happened because our Gaunkars did not resist or

appose or revolt to the introduction of the Panchayati Raj which forms the

Community who are mostly non-Gaunkars or settlers in our Comunidade

Villages. It may please be noted that our Goan Villages are not Revenue

Villages, but Comunidade Villages. Government has no share or right to

call them as Revenue Villages as these villages are not grant from the

Governments which came in power in our Goa. Even Portuguese

Government could not call our Goan Villages as belonging to the

Government as it was in other parts of India as entire India belonged to

the Crown, i.e. the British Government. This is not the case of our Goa.

Therefore, Panchayati Raj has nothing to do with Comunidades, as

Comunidades are the owners/landlords having Eminent Domain over its

lands. The lands of Comunidades are not alienated/sold but only granted

for specific purpose for the enjoyment and development of its citizens or

Gaunkars or inhabitants, who should always be faithful and harmonious

to the Gaunkars/Componentes who are the aboriginals/owners/landlords

of the Village. Therefore, Comunidades can never and ever be alienated.

Let Governments come and Governments go. Comunidades are always

the owners/landlords of their villages/towns as per the Code of

Comunidades.”

194

Mr Agnel Pires Lobo believes that “Panchayat Raj should be independent

body and should run separately it has nothing to do with Comunidade and

should remain so. So also Comunidade should not be interfered with and

should be allowed to function independently without any interference

from anybody as long as it follows the local rules and actually Panchayat

Raj too should protect Comunidade and should encourage it to florish.”

Mr Luis Antonio de Souza adds that “When the Panchayat Raj was

introduced, the then Home Minister at the Center had frankly stated that

in Goa the introduction is going to cause a duplication of an already

existing system referring to the comunidades so uniquely original to Goa.

In fact she also stated that it was a study of the age old time tested

Gaunkary (Gramin) Comunidade should be studied and introduced in

other parts of India. As the Comunidade system was highly successful

effective agro- economic village republic system of the time, akin to the

India of the Gandhiji’s dream to make each village of India a self

governed unit by itself. Instead the opposite treatment was cast over

these bodies in order to eliminate and alienate them. “

Mr Agnel Pires Lobo states that “It is indeed an irony that a land once

flowing with milk and honey and governed with self sufficiently and

surplus produce has been reduced to a environmentally , ecologically and

socially in turmoil and stripped of its vibrant identity and ethos. Its own

people are now turning to be a minority and inconsequential brought the

very womb that nurtured their fore bearers. “

Mr Hector Fernandes says that ‘ Comunidades are not getting alienated

but the government have put all trust on Panchayats even though

Panchayats are running in losses they have doled out huge funds, but

195

comunidades have been ignored and sidelined. Sadly the people are to be

blamed for pampering the Panchayats rather then ignoring them.”

Mr Ratnakar Parab frankly admits that “People are somehow convinced

in believing more in the Panchayati Raj then in the comunidade system.

The degree of acceptability of Panchayat as a governance institution is

more than the comunidade.”

Mr Agnelo Lobo has this to say “I think a more nature relationship

should exist between comunidades and panchayati so that village

development does not suffer. Both should work in unision. “

2. The issue of rampant illegal constructions and encroachments

on comunidade lands and the political dividends to politicians.

According to Dr. Efrem D’Sa, “ Government, the Panchayats and the

Politicians are abetting in illegal encroachment and illegal constructions

on comunidade land. As they form the vote bank for the politicians.

Most of the illegal beneficiaries are non-Goans. In order to satisfy this

vote banks, the government/politicians try their level best to help them –

the encroachers by providing electrical connection, water pipelines,

roads, voting rights, etc. The development activity benefits going to these

illegal beneficiaries.” Adv. Andre Pereira explains that “The provisions

of Article 647 of the present “Codigo das Comunidades” (Code of

Comunidaes) in force, prohibits alienation of the lands belonging to the

Comunidade Villages in favour of any person or authority. Article 12 of

the said Codigo provides that no immovable property belonging to the

Comunidades in Goa is subject to attachment by any Order of the Court.

It further provides that the Court may by Order attach the liquid assets or

amount in the coffers of any given Comunidade and/or on future income

and receivables to satisfy any debt or liability of the given Comunidade

196

but such order shall never fall on the immovable assets of any given

Comunidade. The provisions of Article 323 of the Code of Comunidades

provides scope to grant or assign purely temporary rights to the

Government over the land belonging to the Comunidades for the purpose

of agricultural demonstration farms only.”

Mr Servo Fernandes states that “ As per my opinion and as per my

knowledge what is legal is legal and illegal is always illegal. The

illegality cannot be legalized. Any person trying to legalize a illegal act

is a fraud or a devil who is to be condemned to death. Then why the laws

exist. Why the laws are framed/formulated and authenticated, if illegal

acts are to be legalized. This is a force, hypocrisy which no cultured

person can accept a uncultured, illiterate and a Devil who is an anti-social

element existing in a developing world. Therefore, an illegal construction

or illegal encroachment whether in Comunidade land or any

person/persons must be dealt with strictly as per the law (Code of

Comunidade), I.P.C./Cr. P.C., etc., existing in our country. All those who

support these illegal acts must be punished and condemned. If such

people who protect such illegal acts are not punished, our Goa and our

Country will be destroyed since there will not be any respect to the law.”

He further adds that “Thus all the laws will have no respect and the State

of Goa and our Country will face lawlessness. These type of suggestions

or propositions come only, from the unscrupulous politicians who

encourage lawlessness to gain votes and dividends and thereby destroying

the peace, tranquility and the clean fabric of the Society. Just by calling

inhuman and protecting the law breakers and the anti-social elements who

will certainly destroy Goa and our India.”

197

Questioning the illegalities despite of laws existing for the protection of

Comunidades he says “Whoever does not follow it is a Criminal and

those abetting it are the worse criminals as these people destroy our

society and are enemies of our society as they are real devils.”

According to Mr Agnel Pires Lobo Politicians are the biggest culptits. He

says “This is the biggest problem. Our selfish politicians are destroying it

by pursuing it and the encroachment is illegal constructions is the result

of the sort of interference. Comunidade land belongs to the Gaunkars and

only they should be allowed to decide its fate and not the selfish and

corrupt politicians.”

But for Mr. Luis Antonio de Souza “The rampant illegal constructions

and encroachments are only the tip of the iceberg that is visible and the

the fallouts and effects in general are a criminal spate lashed out on the

very existence of Goa’s social fabric, environmental and ecological

condimum and its very identity is at stake, since the illegal constructions

and encroachments amount to excommunicating the Comunidades.”

He says that “A research and documentary of the age old

Gaunkary/Gaunponn/Comunidade is the need of the hour to

retrieve/record and preserve the vast information covering each sphere

and aspect of the origins and evolumon of this classic self sustainable bio

diverse heritage to be preserved and emulated. “ he further adds that “The

awareness about the Comunidade even where and when the knowledge

about it is imenent is abyssymally low. Example: in an instance one of

the judges on deputation from another state enquired if the Comunidade

was an organization like the Lion’s club.”

According to Mr de Souza “The Gaunponn or Gauncary in all its aspects

would cover subjects that would comprise its very nemises an epic

198

containing anthropology, agronomy, gastronomy, folklore cultural

traditions, festivals, rituals, socio-economics, jurisprudence,

administration, its belief systems etc etc. The multiple irregularities and

extensive illegalities carried out by beneficiaries of Comunidade land are

a serious threat to the existence and continuance of the Gauncari system.

The Societies Act was enacted (borrowed from Maharashtra) inorder to

circumvent some intrinsic articles of the Code of Comunidades, such as,

besides the nominal size of 60 sq.mts area to a 1000 sq.mts. could be

allotted to individuals particularly the Gauncars for their personal

dwelling only, that too only if they did not posses any other residence.

The other provision is for the use of institutional purpose for which a

larger area could be allotted. Thus by forming societies, housing colonies

were registered as societies and given large tracts of land. The code has

an article wherein unused land allotted for personal residential purpose if

it was not unutilzed it could be reverted back to the Comunidade. Thus

these plots were sold to all sundry such as Government servants deputed

from other states and work force also to armed forces personnel and civil

servants, at token prices since the allotment was meant for institutional

organization.”

Mr de Souza further adds “As we can now see these houses are being

rented out for huge sums with no benefit to the Comunidades

respectively. Many are being used for commerce and personal business

thus also depriving and evading commercial unit prices for water electric

supply and other commercial licences and taxes thus amassing

unaccounted money. Hence a complete survey of the land use licensed by

the Comunidades is the need to ascertain all the illegalities carried on. In

many a cases the encroachers are slum dwellers, over the years the

“Jopao parties’ have seen converted to concrete dwelling units with house

199

no and its occupants being issued with ration cards in order to ensure a

vote bank by and for their beneficiaries. Though the title to their land is a

day light violation from day one they name even been elected in the

village Panchayat Governance as panch members owing to the huge

masses of voters bred in these encroachments. The abnormal is become

normal, the legal the legal. The governments have in many occasions

have so called regularized the violations and attempt to continue to do so.

Thus disrespecting the very sancitity of law of the Goa’s very own

Comunidades. And the trinity of their God, land and people are

inseparable and can exist only as a whole to be an entity. Hence the

disregapo or to sever any of these, spells demise of the principle concept

itself and its perpetual life.”

Mr Hector Fernandes says that “ The inalienability factor of Comunidade

villages hold fort. The passing phase of encroachments cannot do away

inalienability of the village and its lands from the comunidades.

Ultimately it is a book-keeping of land that matters since land is

permanent factor which cannot be shifted elsewhere.

As for Mr Ratnakar Parab “Comunidades have continued to be a

prominent force at the time of elections. At least eight constituencies are

determining the political fortunes with a large vote base on their lands.

Therefore no politician or political party wants to antagonize these

pockets of vote banks.” The result according to him is the misuse of

comunidade lands for political purposes.

Mr Agnelo Lobo says “Irrespective of the illegal constructions and

encroachment one is definitely assured under Comunidade system that on

comunidade lands there are no absolute owners but owners in perpetuity.”

200

Mr Policarpo D’Souza says “Due to political interference the system has

deteriorated and encroachments, illegal constructions are coming up in

Comunidade land. Administrator who is supposed to be our guardian,

instead of protecting us, they protect the encroacher for his selfish

interest, if not he will be transferred to a remote place by the politician

and that is how creates a vote bank. Though we are sleeping for so many

years, our eyes are now and you will see within a year, how the system

will change.”

8. The issue of the future of Comunidades in Goa

Dr. Efrem D’Sa , the Treasurer of All Goa Components of Comunidades,

Goa see a good and positive future for Comunidade System he says that

“When all the concerned stake holder’s jointly fight for their rights –

which may happen when few cases pending in High Court are given in

comunidade favour. Once this happens, then there will be a chain

reaction. Where the gauncars will wake up from their slumber, return

back and unitedly fight for its causes.”

Adv. Andre Pereira the President, All Goa Components of Comunidades

is critical of the Government mindset and says that “ State Government

which claims liberation from Portuguese Rule through their respective

politicians, are glorifying and making abusive use of the laws founded by

the British colonist unmindful of Article 372 of the Constitution of India

and not for the benefit of the natives/Goans but for political and monetary

greed at the cost of destruction of the said age-old Village Communities

of Goa. There is no such scope under the law of the Comunidades, which

is founded on usages and customs of the natives/indigenous people of

Goa from times immemorial.” Consequently he sees less bright chances

for the Comunidade as long as the Government does not view the

201

comunidades in a positive manner. (Adv. Andre Pereira , President, All

Goa Components of Comunidades, 2010.)

Mr Servo Fernandes, expresses his hope for the comunidades by stating

that “It is never to late. Where there is a Will there is a way. Honesty is

the best policy. Never give up. Hard work and endurance is a key to

success. If all the like minded Gaunkars unite for the interest of saving

our Gaunkary (Comunidade) system and saving our beloved and beautiful

Goa, sincerely dedicating some time every day from their busy schedule

to work hard for the interest of our Comunidades (a very beautiful

institution) and spend some time and little money from their own pockets

and fight for justice by utilizing the education which we possess and do

some social work and fight for justice. Since the Government has done

injustice and breach of trust to the Gaunkars (Comunidades) who are the

aboriginals of this beautiful Goa and has protected the interests illegally

in violation to the Code of Comunidades of the settlers (non-Gaunkars).

A very few optimistic, patriotic and upright Gaunkars are fighting

ceaselessly to restore and protect the genuine and legal interests of the

Gaunkars (Comunidades). Therefore, if more such people think in the

positive sense and join such Gaunkars as there is a very good Association

already formed and registered as “The Association of The Components of

Comunidades”, which is fighting selflessly to restore the rights of the

Gaunkars (Componentes). The only thing is that we (Componentes) have

to join selflessly, patriotically, patiently and optimistically at the earliest,

otherwise the fight of those presently fighting will collapse by being

frustrated due to lack of cooperation and support from the genuine

Gaunkars (Componentes) who will be benefited in future specially the

younger generation. If this is done the Comunidades will be restored to

202

the pristine condition. Therefore, we have a hope if we wage a war

untidily with patience and very selflessly and sincerely.”

For Mr Agnel Pires Lobo also the future of Comunidade is dependent on

the Government outlook. He says “ It will depend on the Central Govt.

whether it is serious about our Comunidade system which I hear that they

wait to implement in other states. Well if they are willingto save such a

wonderful system that worked for years and centuries then it will

definitely revive. Otherwise its going to be pitiful poor Gaunkar who will

suffer and unpaid banks for years and the third persons will continue

taking advantage of it.

For Mr Luis Antonio de Souza “The divinity imbibed in the spirit of the

Comunidades is one which has been founded on the hard work and toil of

generations after generation of ancestors. This has a sacredness that at all

costs has been and must be proudly, devoutedly carried forward which is

its very purpose. This is left to each of its components to involve, rescue,

retrieve and ensure its glorious survival for posterity and the benevolence

of its gracious wealth. “

Mr. Hector Fernandes believes that “Future of comunidade is in the

hands of the people of Goa. They have to decide whether they want to be

the first class or third class citizens. To do this we have to do away with

our personal and shortsighted prejudices and self-conceited pride and get

together by recognizing our limitations of understanding what is

comunidade – chaudi – gaunkar – jonos and comunidade plot – We must

get our knowledge beyond this.

For Mr Ratnakar Parab the “Future seems to be very bleak as the

younger generation is not taking interest in continuing the richness that

203

their forefathers have left behind. The participation of youngsters is

declining.”

As for Mr Agnelo Lobo the portends are clear. He says “ I do not think

the comunidades are going to last for another 20 years. As it is they have

been severely depredated with only 60 out of 223 comunidades being

really active today.”

For Mr Policarpo D’Souza also “ At the moment the future of

Comunidades is bleak since our Gaunkars are not explained about their

rights and duties and keep our institution in the hands of a few corrupt

persons. We will not be in position to survive but die a natural death. If

our Gaunkars unitedly fight then there is scope to protect our

Comunidades from getting ruined.”

Thus the activists of the All Goa Association of the Components of the

Comunidades are very confident that still it is not too late in the day to

protect and salvage the institution of Comunidades.

6.5 Views of Government Authorities

The post liberation period in Goa saw a rampant interference and

intervention into the affairs of the Comunidades by the Government. The

government appointed several officers to control the comunidades and to

extract the revenues from the Comunidades. The Government departs like

Revenue Department, the Collectorates and the Offices of the

Administrators of Comunidades were given a free hand to deal with and

subjugate the comunidades. Hence it was thought necessary to get the

opinions and views of the government officials on the subject of

comunidades. However, when approached these officials refused to part

with their views on the pretext they cannot do so since they are

204

government employees. In the formal context they would refuse say

anything but in an informal manner and under the assurance that they will

not be quoted and will speak off the records some of the lower level

officers conceded that the government is not much interested in

preserving and protecting the institution of Comunidade. Many of these

government officers being themselves Goans knew about the importance

as well as the sorry state of affairs about the comunidades and almost all

were of the opinion that the political class and selfish persons from both

Goa and outside were the real culprits who were causing the greatest

harm to the institution of the Comunidade. However, most of these lower

level officials expressed their inability to do much to save the institution.

The higher officers simply refused to submit to any probing about their

views on the comunidade system and hence their real views are not

recorded since they have refused to give them.

6.6 Views of Comunidade Gauncars/Shareholders

Opinions of the Gauncars/Stakeholders

In order to understand the knowledge and views of the persons concerned

with the Communidade system, especially the villagers both Gauncars

and non-Gauncars, the researcher conducted a survey across Goa. A

hundred Gauncars, hundred shareholders and hundred ordinary villagers

from different parts of Goa were surveyed and their views were analysed.

The results are as below:

205

1) Awareness of Comunidade system

Table 1

View on the awareness about Comunidade system

(100)

Shareholders

(100)

Gauncars

(100)

Villagers

(300)

Total

No % No % No % No %

Yes 80 80 100 100 70 70 250 90

No 20 20 - - 30 30 50 10

Total 100 100 100 100 100 100 300 100

View on the awareness about Comunidade system

Figure 7

The above data shows that nearly 90% of the respondents were aware

of the Gaunkari or comunidade system. And only about 10% are not

aware of Gaunkari or comunidade system.

206

2) Whether the Comunidade system exited before the Portuguese

rule

Table 2

View whether the Comunidade system existed before the

Portuguese rule.

(100)

Shareholde

rs

(100)

Gauncars

(100)

Villagers

(300)

Total

No % No % No % No %

Yes 40 40 10

0

10

0

50 50 19

0

80

No 60 60 - - 50 50 11

0

20

Tot

al

10

0

10

0

10

0

10

0

10

0

10

0

30

0

10

0

View whether the Comunidade system existed before the

Portuguese rule

Figure 8

207

When asked the respondents whether Gaunkari or Comunidade system

existed before the Portuguese rule about 80% were aware of the fact

and only 20% were not aware.

3) Whether Gaunkari and Comunidade are same

Table 3

View on Gaunkari and Comunidade are the same.

(100)

Shareholde

rs

(100)

Gauncars

(100)

Villagers

(300)

Total

No % No % No % No %

Yes 10

0

10

0

10

0

10

0

50 50 25

0

80

No 0 0 - - 50 50 50 20

Tot

al

10

0

10

0

10

0

10

0

10

0

10

0

30

0

10

0

View on Gaunkari and Comunidade are the same

Figure 9

208

When asked the respondents whether Gaunkari or Comunidade system

are the same, about 80% were aware of the fact and only 20% were

not aware.

4) Number of village communidades existing at present

Table 4

View about Number of village communidades existing at present

(100)

Shareholde

rs

(100)

Gauncars

(100)

Villagers

(300)

Total

No % No % No % No %

Yes 10

0

10

0

10

0

10

0

50 50 25

0

80

No 0 0 - - 50 50 50 20

Tot

al

10

0

10

0

10

0

10

0

10

0

10

0

30

0

10

0

View about Number of village communidades existing at present

Figure 10

209

When asked the respondents how many comunidades existed at

present, about 80% were aware of the fact and 20% were not aware.

5)The laws to save the village communidades

Table 5

View about laws to save the village communidades

(100)

Shareholders

(100)

Gauncars

(100)

Villagers

(300)

Total

No % No % No % No %

Yes 60 60 8

0

80 70 70 21

0

82

No 30 30 - - 20 20 50 10

No

comm

ents

10 10 2

0

20 10 10 40 8

Total 10

0

10

0

100 10

0

10

0

10

0

30

0

10

0

View about laws to save the village communidades

Figure 11

210

From the above, it is clear that 82% beleived that there are laws to

protect the Comunidades and 10% stated that there are no such laws

and the rest did not give any comments.

6) The land owned by the communidades whether under the

common ownership or ownership of the government

Table 6

View about land owned by the communidades whether under the

common ownership or ownership of the government

(100)

Shareholders

(100)

Gauncars

(100)

Villagers

(300)

Total

No % No % No % No %

Yes 10

0

10

0

10

0

10

0

50 50 25

0

80

No 0 0 - - 50 50 50 20

Tot

al

10

0

10

0

10

0

10

0

10

0

10

0

30

0

10

0

View about land owned by the communidades whether under the

common ownership or ownership of the government

Figure 12

211

When asked the respondents about the ownership of the comunidade

land about 80% stated that the Comunidade land belonged to the

community and was of common ownership but 20% said tht it was

owned by government.

7) Whether gaunkari system or Comunidade system exists in their

village

Table 7

View on Gaunkari or comunidade system existing in their village.

(100)

Shareholders

(100)

Gauncars

(100)

Villagers

(300)

Total

No % No % No % No %

Yes 10

0

10

0

10

0

10

0

50 50 25

0

80

No - - 50 50 50 20

Tot

al

10 10

0

10

0

10

0

10

0

10

0

30

0

10

0

View on Gaunkari or comunidade system existing in their village

Figure 13

212

When asked to the respondents whether Gaunkari or Comunidade

system existed in their village about 80% replied in the affirmative

and only 20% said no.

8) Whether there is political interference in the Comunidade

system

Table 8

View if political interference is there in Gaunkari or Comunidade

system.

(100)

Shareholders

(100)

Gauncars

(100)

Villagers

(300)

Total

No % No % No % No %

Yes 60 60 80 80 70 70 210 82

No 30 30 - - 20 20 50 10

No

comments

10 10 20 20 10 10 40 8

Total 100 100 100 100 100 100 300 100

View if political interference is there in Gaunkari or Comunidade

system

Figure 14

213

From the above, it is clear that 82% beleived that there is political

interference and whereas only 10% stated that there is no political

interference and the rest did not want to comment on this.

Whether Comunidade system is losing its significance

Table 9

View whether Comunidade system is losing its significance.

(100)

Shareholders

(100)

Gauncars

(100)

Villagers

(300)

Total

No % No % No % No %

Yes 80 80 100 100 100 100 280 96

No 10 10 - - - - 10 2

No

idea

10 10 - - - - 10 2

Total 100 100 100 100 100 100 300 100

View whether Comunidade system is losing its significance

Figure 15

When asked the people whether the gaunkari system is losing its

significance the majority of the people 96% said yes and about 2%

said no and 2% had no idea about it.

214

10) Whether Comunidade system exists today as before

Table 10

View whether Comunidade system exists today as before

(100)

Shareholders

(100)

Gauncars

(100)

Villagers

(300)

Total

No % No % No % No %

Yes 80 80 100 100 100 100 280 96

No 10 10 - - - - 10 2

No

idea

10 10 - - - - 10 2

Total 100 100 100 100 100 100 300 100

View whether Comunidade system exists today as before

Figure 16

When asked the people whether the Comunidade or Gaunkari system

exists in the same form today as before a majority of the people 96%

said yes and about 2% said no and 2% had no idea about it.

215

An Overview of the Views

The activists of the Association of Components of the Comunidades

formed to protect the interests of the Comunidades though few in number

are quite determined to ensure that the Comunidade system is not

destroyed by governmenatal and political interference. The Activists are

united in their view that the Comunidade system has been badly damaged

due to interference by the unscrupulous Government officials and corrupt

politicians and those driven by vested interests. The activists are united in

one voice to protect the heritage of the Goans. They all are firmly of the

view that despite the assaults from various quarters by vested interests

and misplaced governmental policies often driven by populist desires

there is an urgent need to protect the Comunidade system which could be

said to be the only one in the entire world that has continued to survive

outside of the tribal setup and despite the civilization and urbanization all

around it. These activists vouch that they will do everything in their

capacity to ensure the conservation of this great institution.Most of them

are generally quite optimistic that this institution will continue and

improve in the future, though not all of them are so optimistic. What is

most noteworthy of these activists is their utter conviction about the

greatness of the institution of Gancari/Comunidade and their relentless

fight and determination to win the battle to protect these institutions of

great antiquity and usefulness.

Though the activists were very forthcoming with their views on the issue

of the Comunidade system, the views of Government authorities were

hard in coming. This is evidenced by their genrally uncooperative spirit

and also fear of being quoted and then being punished.Most of those

government officials who were contacted and sought to be interviewed

either made excuses to submit their views or expressed fears that they

216

could be taregetted for speaking on the subject especially of management

of Comunidades and the land grab issue. On the clandestine side they all

admit that the Comunidade system was a good system but also predict

thast it is doomed and that it will some day die out as it will have no lands

left after most of them are acquired by the government for the

development purpose under the Land Acquisition Act. Moreover they

admit that they can do nothing to stop it due to government policies and

approach ot the comunidade system.

The Views of members of the Comunidades namely the Gauncars and

Shareholders and other villagers who are neither gauncars nor

shareholders were taken to see the awareness and feelings at the lowest

levels of the village. Almost all those who responded showed that they

were quite well aware about the Comunidade system. The respondents’

also decried the present plight of the comunidades and agreed that there

was interference by the politicians. They were also quite open about the

fact about the importance of this system and hoped it will continue.

References

1 Dr. Efrem D’Sa ,Treasurer, All Goa Components of Comunidades, Goa, 2010

2 Mr Agnel Pires Lobo, President of Comunidade De Calangute, Calangute, Goa,

2010

3 Mr. Agnelo Lobo, Ex-Attorney, Serula Comunidade, Bardez, Goa

4 Navhind Times dated 28.10.1995

5 Navhind Times dated 31st October, 2009