Comunidades, with a systematic and detailed code governing their functioning, are age-old institutions meant to safeguard the interests and welfare of the indigenous population. But now they are on the verge of extinction and that they could disappear in the next thirty years, fears a research scholar. After analysing over 250 legislations, amendments and other notifications in connection with Comunidades, he concludes that they have instead of strengthening them, in fact, expedited the extinction of Comunidades
When successive governments since post-liberation have enacted over 250 legislations, amendments and other notifications in connection with Comunidades, one would assume that these directives are intended to safeguard and promote the age-old institution in the State.
Not so, claims an academic who is also a Comunidade attorney, who adds that these directives have not only violated the Code of Comunidades but have also adversely impacted the 223-odd Comunidades in the State.
Cajetan Rapose, associate professor at St Xavier’s College (Mapusa) and attorney of the Comunidade of Assagao, was recently awarded a Ph D in political science by Shivaji University (Kolhapur) for his thesis on ‘Comunidade System in Goa – A Socio-Political Analysis’. His thesis also drew a comparative evaluation of such indigenous institutions across the world.
Commenting on the purpose of his research Rapose said: “Such studies were carried out pre-liberation. But there were scanty studies on the Comunidade post-liberation and hence, a detailed documented study post-liberation was required.”
Claiming to have analysed over 250 amendments, legislations, circulars, notifications and directives by governments since post-liberation, Rapose felt these directives were issued in violation of the Code of Comunidade.
“The governments since post-liberation have never invited a collegium of all Comunidades of Goa, before initiating changes in the Comunidade,” explained Rapose, a native of Assagao but presently residing in Moira.
Asked if any of the government directives had actually safeguarded and promoted the Communidade institution, Rapose replied: “Despite claiming to protect land, various governments have done little to promote Comunidades in the State.”
His research also revealed that various government directives had “adversely” impacted the Comunidades. “Major legislations were enacted by governments in power from time to time like the Tenancy Act, which have rendered Comunidades financially handicapped, as Comunidades don’t get any revenue from such lands. The Land Revenue Code has itself resulted in artificial imposition of land maps, generation of Form 1&14 records and unauthorised collection of revenue, thereby depriving Comunidades of revenue,” said Rapose.
“The Land Acquisition Act as well as regularisation of illegal constructions / encroachments in Article 372 A of the Code of Comunidades, which was amended by the government, is presently being contested in the Supreme Court,” he added.
Given that Communidade land has been diminishing rapidly either due to acquisition by governments or through sale of land by Comunidade committees themselves, Rapose admits that the Communidade could well be an extinct system in the near future.
“The governments presume that Communidade lands are readily available for acquisition and regularisation. If urgent measures are not initiated to revive this institution, the Communidade system could be wiped out in the next 30 years under the present conditions and given the declining interest by the younger generation towards this institution,” Rapose added.
Rapose did his masters in Political Science (1995) and masters in education (1999) from Goa University, while also completing an M Phil in political science from University of Chennai (2006).
He is presently working on three different volumes under the guidance of Dr Peter Ronald D’Souza, Director of Indian Institute of Advanced Studies, Shimla.
