The recent inability of South Goa's Comunidades to conduct elections highlights the challenges faced by these traditional institutions in contemporary society. The Comunidades, rooted in feudal practices, deserve to be theoretically scrutinised for their relevance and functionality within a modern democratic framework.
Historical roots and
legal structures
Historically, comunidades in Goa functioned as collective land associations, with ownership vested in male descendants of the villages' founders, as specified by the Code of Comunidades (1961). This structure inherently limited membership to a select few, known as gaonkars or zonnkars, thereby excluding a significant portion of the populace. The Code of Comunidades (1961) reinforces this exclusivity by limiting membership to zonnkars and restricting nominations for elections to a closed process (Code of Comunidades, 1961, Art. 20-29). Such practices raise pertinent questions about the alignment of comunidades with democratic ideals, particularly the principle of equality enshrined in Article 14 of the Indian Constitution, which guarantees equality before the law and equal protection of the laws to all individuals within India.
The exclusivity inherent in the comunidades' structure appears to subvert democratic principles under the guise of preserving community values. By restricting membership and participation, these institutions perpetuate a system that is at odds with the inclusive ethos of modern democracy. This incongruity prompts a critical examination of whether feudal institutions like the comunidades have a significant place in today's democratic society.
Comparative practices in
Portugal and other colonies
Comparatively, back in Portugal ” the seat of the erstwhile Colonial Empire ” the traditional comunidades no longer play a significant role in Portugal's administrative framework. In contemporary Portugal, the traditional comunidades”historically collective landholding institutions”have largely been replaced by modern administrative structures. The country is now organized into 308 municipalities, further subdivided into 3,092 civil parishes, which serve as the primary units of local governance (Portugal “ EU Country Profile | European Union).
Whereas in other former Portuguese colonies, similar communal landholding systems existed but have evolved differently. In Mozambique, for instance, communal land tenure systems were prevalent. However, post-independence, there has been a concerted effort to integrate these traditional systems into the national legal framework, promoting inclusivity and broader participation (Oxford Research Encyclopaedia of African History; "History of Mozambique"). This approach contrasts with the static nature of Goa's comunidades, which have largely retained their feudal characteristics.
North vs South Goa:
Tale of two comunidades
The proactive nature of comunidades in North Goa, as opposed to their southern counterparts, invites analysis. One plausible inference is the higher land values in North Goa, encompassing villages and cities where these comunidades manage substantial land parcels. The economic incentives associated with valuable land holdings may drive more active participation and governance. This observation is exemplified by the recent election of Anthony F. D'Souza as President and Julia Maria Savia Dalgado e Mascarhenhas as Treasurer of the Calangute Comunidade, as reported by In Goa 24x7. The successful and swift formation of this new committee underscores the active engagement of certain comunidades in North Goa, contrasting with the challenges faced by some comunidades in South Goa, which have struggled to conduct elections. The observed proactivity could stem from a shared recognition of the communal benefits derived from effective land management of the highly valuable land parcels in Calangute, thus, suggesting a coercive value system that narrowly perceives benefits only for the members of that respective comunidade as opposed to the ideal of benefitting the broader Goan community.
Systemic challenges
in South Goa
The current challenges faced by South Goa's comunidades may reflect deeper systemic issues. The closed nomination processes and restricted membership not only limit participation but also hinder the infusion of new perspectives necessary for the evolution of these institutions. This stagnation can lead to administrative inertia, contributing to the failure to conduct timely elections. Furthermore, the Code of Comunidades outlines that only members by birth or shareholders can vote or hold office, effectively excluding large segments of the population (Code of Comunidades, 1961, Art. 4, 26). This legal framework supports a system that resists change and adaptation, which are crucial in a dynamic democratic society. The absence of broader community involvement in governance not only alienates non-members but also weakens the potential for holistic community development.
Lessons from other
Portuguese colonies
The comparison with other Portuguese colonies further illustrates the potential for reform. In Cape Verde, for instance, communal land systems were restructured post-independence to align with national development goals, ensuring broader participation and equitable resource distribution. Such reforms demonstrate that traditional institutions can evolve to meet contemporary democratic standards without entirely abandoning their historical roots.
The path forward for
Goa's comunidades
In conclusion, while the comunidades of Goa represent a significant historical legacy, their feudal structures and exclusive practices present challenges to their relevance in a modern democratic society. The limitations on membership and participation appear to conflict with constitutional principles of equality. A comparative look at other former Portuguese colonies indicates that evolution towards inclusivity is possible and beneficial. The disparity in proactivity between North and South Goa's comunidades may be influenced by economic factors, but also highlights the need for systemic reforms. To remain pertinent, comunidades must embrace inclusivity, transparency, and adaptability, aligning themselves with the democratic values of contemporary society in conformity to the constitutional principles of the Constitution of India.
