� Adv. Andre Pereira
Some of you may have learnt of the existence of �Communes� in ancient Europe referred to as Village Republics.
On similar lines, in India we had the ancient Village Communities spread over most of the Great Indian Peninsula, which included the territory of the present State of Goa. These Village Communities spread over the then British Ruled India stand destroyed and eliminated due to various factors and are no longer in existence.
However, the Village Communities situated in the State of Goa remained vibrant and effectively in operation even during the Portuguese Rule for 451 years. The reasons for such existence in this State, is on account of a Treaty signed by the then Commander of the Portuguese forces in India, Affonso Albuquerque, in the year 1510.
In the 1510 treaty he had solemnly promised the natives, that the Rule of the Portuguese Crown would not interfere with the administration of the land resources belonging to the natives of Goa and that their ancient usages and customs, their personal laws and the legal system which they had been following and was in practice in Goa, under the system of Gaunkaries or Comunidades would continue to prevail. This Treaty stands accepted and Honoured by then King of Portugal and stands confirmed by the Foral of Affonso Mexia dated 16/9/1526.
That this Treaty is in force, after the Liberation of Goa, as the State has admitted the pre-existence of the Comunidades and their private/personal laws and consequently the maintenance of their Status in Goa as existed on the Appointed Date of 20/12/1961.
It further stands stated that the State would provide Administrative Tutelage/Guardianship to the said Communities at all times, notwithstanding that the State has no privity of Land Tenure Contract with the Village Communities in Goa.
These Communities or Gaunkaries stand declared to be constituted and established by the natives themselves and not by the State. These Comunidades are said to have come into existence at a stage when the nomadic life of people moving with cattle and hunting for green pastures came to a halt to settle permanently at a given locality in India.
The following extract released by CEE (Centre for Environment Education), a Central Government Unit, operating in Goa, in its Visual Aid charts which are meant for educating school children, reads � �A unique feature of Goa is the system of the Communidades. Many political dynasties have ruled Goa since the Mauryan Period, but the continuity of the self governed Institution called the Village gaunkaries survived the political, religious, social and ecological turmoil. The term gaunkari has been derived from ganv (village). The essence of a ganv was in guanvpon (sense of belonging to the village). The Portuguese replaced these terms with Comunidades, meaning Village Communities. The Comunidades were the custodians of Goa�s
natural resources and bio- biodiversity for more than 3000 years. The institution of the Comunidade, which had much to be commended about, is nowadays in a state of irreversible decline. It is a model of how natural resources could be sustainably managed at the level of the community. There are at present 226 communidades in Goa, spread over its eleven talukas.�
In order to dispel the view that has been expressed above, on the point of the irreversible decline of Gaunvpon or the Comunidades, and or of its chaotic situation, it is urgently needed to restore this village insititution to its original glory. This can be achieved only by restraining undue political interference and the State Government�s designs to eliminate the said age-old institution under the guise of providing them with guardianship.
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