Description

The Chittagong Hill Tracts (hereinafter referred to as CHT) of Bangladesh has a complex legal landscape where the traditional justice system coexists with the Village Courts. This article focuses on the challenges of jurisdictional harmony of village courts with the traditional justice system in the CHT. Starting with historical roots and key principles of the traditional justice system in CHT, this article analyses the evolution and legal framework governing the village courts in the CHT region. The legal framework on the traditional justice system mentioned in the Chittagong Hill Tracts Regulations of 1900 and the CHT Peace Accord of 1997 are central to this discussion. However, many provisions relating to the traditional justice system under the CHT Regulations 1900 which were enacted during the British rule have become obsolete in view of the presen context. This article answers critical questions such as the applicability of village courts in CHT and whether there is any conflict on subject-matter jurisdiction between the traditional justice system (hereinafter referred to as TJS) and Village Court (hereinafter referred to as VC). The Village Courts Act, 2006 replaces the Village Court Ordinance, 1976 and aims to establish the village court system in every Union Parishad (UP) in Bangladesh with a loose judicial connection with the formal justice system of the country. In a pursuit of harmonising these parallel justice systems, the authors offer recommendations for stakeholders, emphasizing the importance of legal reform, policy initiatives, and community engagement. The aim of this article is to contribute to a more refined understanding of the complex legal landscape in the Chittagong Hill Tracts and the possibilities for achieving jurisdictional harmony.

Keywords: Village Court, Traditional Justice System, Customary law, CHT, Legal pluralism.