PANAJI
The recently held Comunidade Convention 2024 has given voice to a new debate surrounding gender inclusivity. While on one hand, we boast about inclusion of 33 per cent reservation for women in the political set up, Goa’s age-old institution- Comunidade still holds man dominance. Social activists, experts and even some Gauncars feel that it is high time that the Comunidade code is amended to underscore the importance of women’s right.
As per Article 20 of the Code of Comunidades only male descendants are entitled for membership in certain comunidades while in some others membership is decided based on holding of shares.
Accordingly, in 2020, the State government had introduced an amendment to the Comunidade code to provide the right to widows, unmarried daughters and orphans to receive zonn. “Wives of late zonnkar, unmarried daughters, orphans and dependent mothers shall be eligible for zonn in their widowhood or during the period they remain unmarried, or registered as members in their own capacity on attaining the required age or being no longer dependent,” the draft amendment of article 185 stated. However, the Comunidade declined to accept the amendment and the same was nullified.
In the recent convention, Verna Comunidade attorney Maria Lina Gama Martins sought amendments- (1) That in part 1 of Art 20 of Code of Comunidade, “and their male descendants by male lineage” be dropped and amended with “and their descendants by lineage.” (2) That all descendants of Gauncars, irrespective of gender, be entitled to receive Zonn from their respective Comunidade.
Former Law Commissioner Adv Ramakant Khalap, while supporting the amendment proposed by Martins said “it requires proper deliberation among the various components. There has to be wider consultation but giving women their rights is the need of the Hour”.
Khalap said that Comunidade is an ancient organization which was codified by the Portuguese. “At that stage the situation was that it was a man centric organization. Not only that, we have the same situation in temples, where Mahajans are only male. All this needs to be changed. When we talk about gender equality it has to be across sectors,” he said.
Activist and a Gauncar Architect Dean D’Cruz emphasized on the immediate need to amend the Code for greater gender inclusivity. He said that it is important that we get women on board and provide them with equal rights.
“In shareholding the women already has a right, but it is important that we consider them also in the Gauncar and Zonecar system,” he said.
Cruz explained that before, when the Code was introduced, the system was very strict ...wherein once women got married they had to move out of the village; but now that is not the case everywhere.
“Also if you look at the legal point of view, if a Gauncar does not have a male heir …that means there is no one to co-own the property…the ownership linage goes and the same can be challenged in the legal point of view. That itself is unfair as far as the constitution is concerned,” he said.
A treasurer of Comunidade from South, on request of anonymity said that there is urgent need to end the discrimination in the Comunidade system. “We talk about equal rights to women in politics or education or in jobs or in property. Then why is that not applicable in Comunidades? Why is it still male dominated? If we cannot end this discrimination, we have no right to seek right for women in any other set up,” the treasurer said.
Bailancho Saad convenor Sabina Martins said, " The decision to give membership to women should be time-bound.”
According to Martins, while women can be shareholders in some Comunidades, daughters of Gauncars cannot be members in some Comunidades as sons can, this is despite the fact that women toil on the land and in the fields along with men.
“Discriminatory attitudes, laws and social practices have already resulted in the declining sex ratio of girls in Goa. It is matter of concern that educated people of Goa are behaving this way,” she said.
Savio Correia, who was the moderator and member of the Convention’s Organising Committee, was quoted by some media wherein he emphasized the urgency of implementing the proposed amendment to address and end discrimination against women, stressing that it’s a relevant step for 21st-century Goa. Correia underscored the importance of recognizing women’s rights.
“Why should it only be sons of the soil and not daughters of the soil too? Their rights are being recognized elsewhere too, and rightly so. This was the only low point of the Convention,” Correia was quoted.
