Luis Antonio de Souza
& Jocel De Souza
Goa’s Comunidades are ancient village-based social structures with deep ancestral roots and rich heritage, representing a collective system of social, economic, and administrative cooperation that has existed since the earliest times.
To understand the origin and nature of the Comunidade system, we must consider the transition from hunter-gatherers to settled agriculturalists. These early communities were deeply connected to nature, settling in fertile lands and turning Terra Nullius into productive agricultural zones. These settlements defined territories (Terra Firma), giving rise to distinct village communities.
Today, original settlers are often called First Nations or Indigenous Peoples. Similarly, the Comunidades of Goa and their Gaunkars can be seen as early social communes whose traditions, customs, and practices have shaped the relationship between people, ancestral lands, and waters.
This bond is captured in the saying: “We do not own our lands; our lands own us."
In Goa, this relationship is protected by Diploma Legislativo No. 2070, the Código das Comunidades (Code of Comunidades), consolidating the governance structures of these village communities.
Chapter 1 outlines the principles of justice, stability, and security governing the Comunidades. The preamble emphasises that the proper functioning of these institutions depends on legal frameworks and the moral integrity of those who oversee them, from Governors General and Administrators to Secretaries, Escrivaõs, Gaunkars, and other members.
Chapter 2 highlights the complexity of relationships within the Comunidade system, acknowledging the challenges of balancing diverse interests.
Cunha Rivara (1809–1879), a scholar, historian, and advocate for the Konkani language, was an early defender of the Comunidade system. As Secretary of the Portuguese Estado da Índia, he fought for the preservation of Comunidades, as documented in his Brados a Favor das Comunidades das Aldeias do Estado da Índia.
Chapter 3 of the Code affirms that the properties of the Comunidades belong to them, a right reaffirmed in Chapter 7, where the dissolution of Comunidade property is strictly prohibited.
The Code makes clear that the identity of the Gaunkary (Comunidade) is inseparable from its lands, recognized as Allodial (freehold) and held Ab Initio (from the beginning).
In a High Court of Bombay at Goa judgment on July 26, 2024, the court highlighted the beauty of the Comunidade governance system and the government’s duty to prevent misuse or alienation of Comunidade property, stressing that the Code must be strictly enforced.
Tracing Goan village settlements requires deeper research, but historical evidence, such as copper plate inscriptions from the Kadamba dynasty (1099 CE) and the construction of bunds (embankments), supports the presence of such cooperative institutions.
The arrival of the Portuguese introduced new documentation practices. The Foral of 1526, written by Afonso Mexia, formally recognised the customs and practices of these village cooperatives, acting as a contract between the Gaunkary (renamed Comunidade) and the colonial administration, acknowledging the rights and organisational structures of the agricultural communities.
At the heart of these village institutions has always been the land and waters they manage—resources they have stewarded from ancient times, which is enshrined in Article 647 of the Code of Comunidades: “It is not lawful to pass deliberation for dissolution of the properties of the Comunidades.”