The Ganvkarias, the indigenous tribal communities of Goa, revered as the original settlers of the state, face an uncertain future as the Goa government pushes forward with plans to legalize encroachments through new legislation. This move has sparked concerns among locals, environmentalists, and legal experts, who fear it could further marginalize the Ganvkarias, erode their ancestral lands, and alter Goa’s fragile ecosystem. The proposed law also raises questions about its connections to earlier attempts, notably the controversial Bhumiputra Adhiniyam Bill of 2021, which aimed to legalize migrant settlements ahead of the 2022 state elections. This article explores the implications of the new legislation, its potential impact on the Ganvkarias, and its ties to past political maneuvers.
The Ganvkarias: Custodians of Goa’s Heritage
The Ganvkarias, primarily comprising the Gawda, Kunbi, Velip, and Dhangar communities, are Goa’s indigenous tribes, deeply rooted in the state’s cultural and ecological fabric. Historically, they have lived in harmony with Goa’s lush forests, rivers, and hills, practicing sustainable agriculture and maintaining communal land systems like the Comunidades. These village-based land management systems, dating back to pre-colonial times, have been critical to preserving Goa’s biodiversity and the Ganvkarias’ way of life. However, rapid urbanization, tourism-driven development, and encroachments on communal and government lands have increasingly threatened their existence.
Encroachments, often by migrant workers and developers, have led to the conversion of agricultural fields, forests, and no-development zones into unauthorized settlements and commercial projects. This has not only displaced Ganvkarias from their ancestral lands but also strained Goa’s delicate environment, with paddy fields and open spaces vanishing at an alarming rate. The High Court of Bombay at Goa, in a suo motu public interest litigation in March 2025, sharply criticized the state for failing to curb illegal constructions, emphasizing the need to protect Goa’s “fragile ecosystem” and ordering a geo-mapping exercise to address the issue.
The New Legislation: Legalizing Encroachments
In a significant move, the Goa government, led by Chief Minister Pramod Sawant, announced plans in March 2025 to amend the Goa Regularization of Unauthorized Construction Act, 2016. The proposed amendments aim to regularize unauthorized constructions up to 1,000 square meters in urban areas and 600 square meters in panchayat areas. Additionally, the government intends to introduce a policy granting land ownership rights to individuals, including farmers cultivating land without legal title
While presented as a measure to protect residents affected by a High Court ruling on illegal constructions, the proposed law has raised alarm bells. Critics argue it could legitimize encroachments, particularly on Comunidade and government lands, which are often occupied by migrant settlements. Legal experts, such as former Union Minister Ramakant Khalap, have warned that such legislation may not withstand constitutional scrutiny, as it could discriminate between Goans and non-Goans, violating principles of equality under Indian law. Moreover, the absence of Comunidade consent—a requirement under existing laws—could render the regularization process legally contentious.
Echoes of the Bhumiputra Adhiniyam Bill
The current proposal bears striking similarities to the Goa Bhumiputra Adhiniyam Bill, 2021, introduced by the BJP-led government ahead of the 2022 state elections. The Bhumiputra Bill aimed to grant ownership rights to individuals residing in Goa for 30 years or more, who had constructed dwelling units on land by April 1, 2019, regardless of the legality of their occupation. The bill was widely criticized for allegedly favoring migrant workers who had encroached on government and Comunidade lands, often with political patronage, at the expense of local Goans, including the Ganvkarias.
The Bhumiputra Bill faced severe backlash from opposition parties, civil society, and legal experts. Critics, including former Advocate General Carlos Alvares Ferreira, argued that it effectively rewarded encroachers by granting them ownership rights without addressing the underlying issue of illegal land occupation. The bill was accused of being a political gimmick to garner votes from migrant communities ahead of the elections. Due to widespread opposition and concerns over its legal validity, the bill was not enacted into law, with Chief Minister Sawant promising to reconsider it.
The 2025 proposal to amend the Goa Regularization of Unauthorized Construction Act appears to revive the spirit of the Bhumiputra Bill under a different guise. While the government claims the new law will benefit Goans, including farmers without land titles, the broad scope of regularizing constructions up to 1,000 square meters raises concerns that it could disproportionately favor migrant settlements and developers. The timing, ahead of future elections, further fuels speculation about political motives.
Dangers to the Ganvkarias
The proposed legislation poses multiple threats to the Ganvkarias:
1. Loss of Ancestral Lands: Comunidade lands, traditionally managed by Ganvkarias, are prime targets for encroachment. Legalizing unauthorized constructions could permanently alienate these communities from their ancestral lands, undermining their cultural and economic foundations.
2. Environmental Degradation: The High Court has noted that illegal constructions in no-development zones and paddy fields are altering Goa’s landscape. Regularizing such encroachments could exacerbate environmental damage, threatening the sustainable practices of the Ganvkarias
3. Marginalization of Indigenous Rights: By prioritizing regularization over enforcement, the government risks sidelining the Ganvkarias’ claims to communal lands. The lack of special status for Goa, unlike states like Himachal Pradesh or Nagaland, limits the state’s ability to enact laws exclusively protecting indigenous residents.
4. Political Exploitation: Critics argue that both the Bhumiputra Bill and the current proposal are driven by electoral politics, aiming to appease migrant voters while neglecting the Ganvkarias’ long-standing demands for land rights and cultural preservation.
Legal and Social Implications
Legal experts have consistently cautioned against regularizing encroachments without Comunidade consent, as seen in failed attempts in 2001, 2012, 2017, and 2021. The High Court has previously struck down similar efforts, emphasizing the need for legal compliance and community approval. The 2025 proposal risks facing similar challenges, particularly if it bypasses Comunidade rights or discriminates between residents and migrants
Socially, the move has deepened tensions between locals and migrant communities. The Ganvkarias, already marginalized by development pressures, fear further erosion of their identity. Meanwhile, opposition leaders and activists have labeled the legislation a “political gimmick” to secure votes, echoing criticisms of the Bhumiputra Bill.
Conclusion
The Goa government’s push to legalize encroachments through amendments to the Goa Regularization of Unauthorized Construction Act, 2016 threatens to undermine the rights of the Ganvkarias and Goa’s ecological balance. While framed as a solution for residents affected by court rulings, the proposal’s similarities to the Goa Bhumiputra Adhiniyam Bill, 2021 suggest a continuation of politically motivated efforts to regularize migrant settlements. The Ganvkarias, as custodians of Goa’s heritage, stand to lose the most, with their ancestral lands and way of life at risk. For the legislation to move forward without exacerbating these dangers, it must prioritize the rights of indigenous communities, ensure Comunidad consent, and address environmental concerns. Otherwise, it risks deepening social divides and further endangering Goa’s fragile ecosystem.
Sources
The Indian Express, “Goa has blessed us…: High Court tells Goa govt to remove illegal constructions,” March 16, 2025. []
-The Goan EveryDay, “Govt not empowered to regularise encroachments: Legal experts,” November 19, 2023.
The Goan EveryDay, “Govt to amend law to legalise unauthorised constructions,” March 27, 2025.
