This writer understands that, ex Vice Chancellor of the Goa University Prof.Olivinho Gomes a native of St Estavam Tiswadi (Ilhas) was awarded the Second Dempo Research Fellowship, by the Dempo Trust, (on selection among three short-listed, including Architect Gerard da Cunha,in 2003, ) on "THE GOAN VILLAGE COMMUNES' that is 'Gaunkari' or 'Comunidades'.
Readers will recollect that these age old pre- Portuguese instituions )historically they exist since Vedic times ) have been the bedrock of litigations encroachements, not only by Goans,rich and poor but also the non Goans, and the Government has been the worst abettor of all these illegalities and every politician tries to use the "Gaunkaries" or Communidades land to appease the vote bank or indulge in real estate speculation in lands belonging to these 221 Communidades. A registered body , members of the Association of Components of the Communidades headed by Mr Andre Periera a leading legal practitioner and a renowned authority on "gunkaries" have time and again highlighted the problems faced by these age old pre Portuguese institutions but except for bemoaning the problems viz; illegal usurping of powers of the Gaunkaries by the State viz; the Government of Goa, no faithful English translation of the Code of Communidades (this author has a copy of the English translation of Code the same ) lack of finance to move the appelate Courts, the members are divided over the line of action (tussle is apparently between the "owners" and the "tenants" the latter have money but are not willing to tow the line of the "owners" owing to mistrust hence no "pragmatic solution" appears in sight} now well over 44 years, the result the "Gaunkaries" suffers and the violators profit at the cost of the age old institutions. For the non goans it is an El Dourado the land of sun fun and plenty -- given the gullible nature and crab mentality of "Amchem Goemcar". It is also learnt that the research was completed and presented by him to the Trust on 7th February, 2005, and it was in all probability expected to be presented in manuscript officially on 4th March,2005, but apparently due to unstable political conditions in Goa (Presidents rule in force) and Goa Legislative Assembly came under suspended animation it could not be done. Later it is learnt that he was promised on 23rd April, when the book "Culutural Map of Goa" arising out of first Fellowship of Dr.Pandurang Phaldesai Member Secretary kala Academy was released, that it would be done, after a final meeting of the Trustees, wherein his manucsipt would be commented upon and observations made, in the first/second week of May. But there is no communciation so far in this regard, though he has been pursuing this issue through their PRO and a few Trustees. It is reliably learnt that to the extent possible Prof Gomes has tried to be as succinct yet as complete as possible and presented the issue in concrete, readable terms, in trying to get at the core of the maze of legislation and disputes that have clouded this age-old ancestral institution of ours that shaped our philosophy of life and world outlook. In fact in the study --The Goan Village Communes, as his report is entitled is presented in 207 pages of Mss. and another 150 pages of annexures. The chapters are as follows : l.The Village Commune System; 2. The Indian Context; 3. Goa and its physcial environment; 4. Origins of the Goan village communes; 5. Pattern of Commune land layout; 6. The Commune Structure and Functions; 7. Indigenous depredations of Communes; 8. The Portuguese regime and the Communes (the longest of the chapters); 9. Debate on dissolution v/s Retention; 10. The Commune Constituents ('componentes' and Others; 11. The Present Goan Village Communes; 12. Post-Merger Scenario of Communes; 13. Relevance of Goan Village Communes; 14. Future Plans and Perspectives. The annexures include : an authentic translation of the famous 'Foral' or Charter of 1526 given by the Portuguese to the citizens of Goa; plans made for re-organising communes into a cooperative agricultural partnership in 1900; report for their reorganisation by agronomical engineer Roncon, on institution of family households ; basis for remodellation of communes by expert Wolfango da Silva; samples of some village communes belonging exclusively to one caste or community, among all castes and communities including the Gauddi/Kunnbi, and where two or more castes and communities share in their management, giving statistical information about them,representative of the Old and New conquests regions of Goa; an article on bunds or embankments; details of land holdings, 'zonn' and dividends; pictures of of our 'latth' in comparison with the 'shadoof 'ofEgypt;old 'gaunkars, 'nadkarnis' 'kulkarnis', 'gaunkar women' of old;,'bhattkar in 'cabaia'; goldsmith, dancer-women;vendors of bangles, vegetables,thatch-leaves, and goldsmith, plough, handmill, hindu school, county council of elders, cadastral map of Goa, and gist of reports of committees that worked on communes including the very learned notes of dissent given by authorities in the subject like Dr. Alvaro de Loyola Furtado, ex-MLA and President of the Indian Party. Despite the concern of every Goan on the fate of the Communidade and the rampant encroachments on its land one would earnestly hope and trust that this manuscript will see the light of day soon in book form at the earliest. This writer who was interacting with a large number of non resident Goans from UK Portugal Canada Spain Brazil France and UAE at the Gomant Vishwa Sammelan 2005 was inudated by queries on the lack of action or inaction by the Government on this matter. In fact the then Chief Minister Mr Manohar Parrikar had gone on record that frankly he needed to come to grips with the nitty gritty of Communidades and once and for all come out with a pragmatic solution but political compulsions, denied him the time and opportunity to get deep into this issue. (It may be noted that only in October 2004 Mr Parrikar got a comfortable majority but after the suceess of IFFI and the controversial CD his political troubles began and he was finally ousted on 2nd February 2005) The Dempo Trust needs to be commended for giving its valuable assistance for this study on the Communidades but there is reason for concern over the GROSS FAILURE to allow the document see the light of the day. It is true that some time ago some unpleasant disclosures by a prominent English daily of top bureaucrats and other luminaries usurping Communidade lands in Porvorim created political ripples and the matter was subjudiced. Thereafter with the Government of Goa deciding to regularise the encroachments on Communidades with June 2000 as the cut off date (mainting till this date the list of NAMES of those desirous of getting such encroachments legalised a guarded secret)there is bound to be a lot of heart burning and unpleasant exposure. But this being the bane of all problems relating to land the ever-rising court litigations the Dempo Trust would do well to have the report published. With such a vouluminous task undertaken by Prof Olivinho Gomes it is obvious that one should disseminate this information to the Goans at home and in the diaspora. since this is an institution that we can be proud of but has been mauled and butchered by our own people, when the Portuguese could not and did not undo it in their 450-year rule. In fact the erstwhile Portuguese regime acknowledged in their final enactment on the subject in the Act of Legislature (Diploma Legislativo no.2070) embodying the 'Codigo das Comunidades' of 1961, that 'we recognize the historical truth - as emphasized by Cunha Rivara - that the communes are vested with absolute ownership of their property, which caannot be alienated or sold, but only leased out for specific purposes, the State acting only as a tutelary authority to supervise and intervene in case of disputes and iregularities, which principle has been given the go-bye in present Goa . This writer has interacted with several members of the Communidades and they are in agreement that the report of Prof Olivnho Gomes should be made public immediately, This writer also pleads with His Excellency the Governor of Goa Mr S C Jamir who has seen for himself the number of land revenue related cases that have been causing unrest among the people and therefore kindly constituted a committee to examine the issue of land reforms relating to rapid land fragmentation in the State under the stewardship of the Chief Secretary of Goa, to impress upon the Trustees of Dempo Trust to make public the report at the earliest. One view is that the report should form a part of the students curriculum at the school level, and also as a subject at the five year Law Course for better understanding of the age old institutions vis a vis Goa. One must clearly understand that the Continental Law is in variance with the Indian Law in that the former is more realistic while the later is the cause of all land related problems and corruption in Goa. Until these issues are settled and one may note that the legal practitioners in Goa are strongly divided on this issue. As a matter of fact the influential lot of the over 1200 legal practitioners in Goa ensure that the Portuguese origin laws are done away with so that litigation will increase while there is another silent group which feels that if the laws of Portuguese origin are made adaptable to post Liberation era of Goa there would not be much ground for litigations. His Excellency should kindly note that presently there is a compilation of the Laws of Inheritance and Succession which was referred to the Select Committee, by the previous Manohar Parrikar led Government. This is a beautiful attempt by a committee headed by Mr Fernando Colaco senior Advocate Panaji to solve the cumbersome procedures that existed in the matters of Inheritance and Succession. The present Advocate General of Goa Mr Mario Bruto Da Cost of Margao who hails from a prominent aristrocrat Goan family of repute both in Portugal and Goa could assist His Excellency in unearthing the core issues that affects the lifes of Goans --- "Gaunkaries" Communidades and Civil Code of Portuguese origin. No doubt Presidents Rule from 4/3/2005 may be lifted post bye elections 6/6/2005 nevertheless His Excellency would render yeomen service to the persons of Goan origin in Goa and abroad if he could use his good offices to impress upon the incoming Government to go ahead with the reforms on land matters as his gift to Goans specially in the Velhas Conquistas of Salcete Mormugao Ilhas (Tiswadi) Bardez Goa under Portuguese rule from 1510 to 1961 GODFREY J I GONSALVES BORDA MARGAO GOA [EMAIL PROTECTED]