Chakma is one of the largest communities from Southeastern region of Bangladesh, known as Chittagong Hill Tracts.It is assumed that they are living on this regions before 18th century.This community has their own language,alphabet and own justice system.This blog will discuss about the justice system of the Chakma.
The justice system of the Chakma community is Custom based.Though it’s not a documented law,Chakma are practicing this laws from a long time ago.But recently the law has been documented by CADc in India.This custom based law,administration system is based on Chakma circle chieftainship,Mouza Headmanship and Karbariship.This circle is divided into some smaller administrative units called Mouzas.And Mouzas are divided into villages.For ruling theses Mouzas and Villages respectively Headmans and Karbaris are appointed by the Chakma Chief (Chakma Raja) as He is the main in this administrative chain.Now let’s know about the duties and functions of Mouza Heads,Karbaris and The Chief Circle:
The Circle Chieftainship,Headmanship and Karbariship are hereditary.Their titles are passed down from generation to generations.Headmans work for the chief and ultimately discharge the duties on behalf of the chief.He discharged his duties and functions according to the customs and traditions (partially recognized by the CHT Regulation of 1900 enacted by the then British government). Among the important duties and responsibilities of the Headmen are to collect the land tax, provide the recommendation for distribution and settlement of land,reservations of the land records, preservation and maintenance of community forest resources and settlement of social disputes in accordance with the indigenous peoples’ customary laws. The responsibility of land settlement and land management is primarily vested with Headmen. Thus, proper management and control of the above issues depended on the respective Headman’s capacity and efficiency.If he can’t solve any problems that is passed to the Chief .To co-operate the Headman the Karbaris are basically appointed.Their responsibilities are to participate in the social functions and look after the laws,customs are maintained well or not.Generally, if in the village a problem arises the Karbaris solve the problem.People can also appeal against the Karbari’s decision to the Headman.The appeal must be in writing form.For the most complex issues,the King’s court is always open for people.The final decisions, appeals are all on written from.But for the criminal cases this community follows the Bangladesh Local laws.
This justice system of Chakma is well recognised by Bangladesh Government.In the case of Rangamati Food Products Vs Commissioner(2005) 10 BLC [525] of Customs, Supreme Court has announced that Chittagong Hill Tracts Regulation 1900 is an effective law.But day by day the justice system of Chakma is became weaken.Bangladesh Government should contribute more part towards it.The contributions would be more appreciated if the Government direct to engage expert and educated representatives in this administration section,constitute a special committee to review and analyze to improve this customary law.As the customary laws are considered to be the main sources of any legal law,promotes a sustainable development as well as preserve the cultural identity of any community,the customary law should be preserved and focused to improve it more.
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Writer
Dipannita Chakma
Intern,
Content Writing Department,
YSSE.