On Gaunkari Day, paying tribute to Goa's village comunidades

LUIS ANTONIO DE SOUZA & JOCEL DE SOUZA

The Comunidades of Goa are ancient village-based social communities with deep ancestral roots and a rich heritage. These institutions represent a collective system of social, economic and administrative cooperation that has existed from time immemorial.

To understand the origin and nature of the Comunidade system, we must go back in time—back to when humans transitioned from being hunter-gatherers to pastoralists and, eventually, settled agriculturalists.

Across the world, these early communities were deeply connected to nature. Their animistic beliefs and reliance on natural resources led them to settle in fertile lands—plains formed by river deposits, foothills and coastal shores—turning "Terra nullius" (a Latin phrase meaning no man's land) into productive agricultural zones.

These settlements eventually defined their own territories (Terra firma), giving rise to distinct communities.

Today, such original settlers are often referred to as First Nations or Indigenous Peoples—those who lived on and cared for the land long before colonisation.

Today, such original settlers are often referred to as First Nations or Indigenous Peoples—those who lived on and cared for the land long before colonisation.

Similarly, the of Goa, and the Gaunkars who are part of them, can be seen as early social communes. Their long-standing traditions, customs and codified practices have shaped a clear relationship between the people and their ancestral lands and waters.

This deep-rooted bond is beautifully captured in a cherished saying passed down through generations: "We do not own our lands; our lands own us".

In Goa, this relationship is recognised and protected by Diploma Legislativo No 2070, also known as the Código das Comunidades (Code of Comunidades). This document consolidates the long-established governance structures of these village communities.

Chapter 1 of the Code outlines the principles of justice, stability and security that must govern the Comunidades.

The preamble emphasises that the proper functioning of these institutions depends not only on legal frameworks but also on the moral integrity of those who oversee them

The preamble emphasises that the proper functioning of these institutions depends not only on legal frameworks but also on the moral integrity of those who oversee them—ranging from Governors General and Administrators to Secretaries, Escrivaõs (office clerks), (members of the Comunidade) and other members.

Chapter 2 on general governance, highlights the rich complexity of relationships within the Comunidade system. It acknowledges the challenges of balancing diverse interests and the depth of reconsideration that these structures sometimes require.

One of the earliest and strongest defenders of the Comunidade system was Cunha Rivara (1809–1879), a scholar, historian and advocate for the Konkani language.

As Secretary of the Portuguese Estado da Índia, he fought hard for the preservation of Comunidades, as documented in his work Brados a Favor das Comunidades das Aldeias do Estado da Índia. Thanks to his efforts, historical truths about the Comunidades were revived and formally recognised.

Chapter 3 of the Code affirms what Rivara emphasized: that the properties of the Comunidades belong to them in full ownership. This right is reaffirmed in Chapter 7, where the dissolution of Comunidade property is strictly prohibited—so clear and foundational that no further justification is needed.

In a landmark judgment delivered by the High Court of Bombay at Goa on July 26, 2024, the division bench highlighted the unique beauty of the Comunidade governance system.

The Code makes it unequivocally clear: the identity of the Gaunkari (Comunidade) is inseparable from its lands, which are recognised as 'Allodial' (freehold) and held 'Ab initio' (from the beginning).

In a landmark judgment delivered by the High Court of Bombay at Goa on July 26, 2024, the division bench highlighted the unique beauty of the Comunidade governance system.

The court explained the concept of tutelage—the government’s responsibility to protect or guide (guardianship)—and ruled that the State has the duty to step in when necessary to prevent misuse or alienation of Comunidade lands. It stressed that the Code must be strictly enforced to uphold its original purpose.

Tracing the origins of Goan village settlements requires deeper research, but historical evidence offers some clues.

Tracing the origins of Goan village settlements requires deeper research, but historical evidence offers some clues. Copper plate inscriptions from the Kadamba dynasty, dating back to 1099 CE, mention Gaunkari village communities.

The construction of bundhs (embankments), some of the oldest community projects in Goa, further supports the long-standing presence of such cooperative institutions.

The arrival of the Portuguese introduced new documentation practices. One of the most significant was the Foral of 1526, written by Afonso Mexia, which formally recognised the customs and practices of these village cooperatives.

The Foral acted as a contract between the Gaunkari (renamed Comunidade by the Portuguese) and the colonial administration, acknowledging the existing rights and organisational structures of the agricultural communities.

The arrival of the Portuguese introduced new documentation practices. One of the most significant was the Foral of 1526, written by Afonso Mexia, which formally recognised the customs and practices of these village cooperatives.

At the heart of these village institutions has always been the land and waters they manage—resources they have stewarded from ancient times to the present.

This relationship is enshrined in Article 647 of the Code of Comunidades, which declares: "It is not lawful to pass deliberation for dissolution of the properties of the Comunidades".

And, today, as we celebrate Gaunkari Day, it is apt to honour Goa's oldest legacy that has withstood the test of time and reaffirm our commitment to respect the laws enshrined within the Code to protect the sanctity of our ancestral lands that have sustained Goans for generations.