Since time immemorial, the Chakma society has been governed by its unwritten yet traditionally endorsed set of customary laws. It was after the formation of the Upajāti Jelā Parishad (Tripura Tribal Areas Autonomous District Council) that definite initiatives began to be taken to compile and document the customary laws of Tribal’s of Tripura, in keeping with the provisions of the 6th Schedule of the Constitution of India. Accordingly, the Chakma Law Sub-Committee was formed to draft and record the Tripura State Chakma Customary Law on 29thth September 1998 at Khumulwng, Tripura, following a seminar, graced by the presence of Chakma social elders, Chakma leaders and representatives of the intellectual section of Chakma population. The following draft is a modified version of the Chakma Customary Law compiled at that time.
CHAPTER – I
Section – 1: Title- The act shall be called “the Tripura State Chakma Customary Law 2017”.
Section – 2: Definition: The legal terms as prevalent in the Chakma language (“Chāngmā bhāch”), which are used in the Customary Law for the purpose and functioning of the Chakma judiciary court are given below —
- Ādām means the Chakma village.
- Ādām Panjāyet or Ādām Panchāyet comprising some Ādām families under the Chāgālā Panjāyet, usually with a minimum of 25 families.
- Ādāmya Paralya means the neighbours or villagers.
- Adārā poi /Ahk-bara poi is made with different types of dishes, fruits, sweets etc. made one time meal which offered to the dead soul.
- Agartārā is the ancient Buddhist scripture.
- Ālchye is the pot with hips of paddy or burning fire on that pot.
- Ālong is the traditional Palanquin for carrying of deadbody. This is made by Bamboo cane and tree.
- Ajāh means the Priest
- Badāgulyā bhāt means Rice mixed with Boiled Egg.
- Bādi is the Complainant.
- Bāndor morā is monkey corpse
- Barāmat means Filing of Complaint.
- Bar-kanye or Clothes and Ornaments collected from nearest relatives or neighbours for used during the marriage ceremony; at the end of the ceremony these are returned to their owners.
- Barshābās (rainy stay) of the Bhāntes (In the period of the full moon between Ashada and Aswin).
- Bhat no dhosche guro is the child who has not ever ate rice.
- Bayān means Statement.
- Bhāndāli is the Treasurer.
- Bhānte means the Buddhist monk.
- Bhātmajā is a rich meal given by kinsmen and close relatives, as well as neighbours, to the mother of a new-born; it betokens a nourishing diet for the mother and her new-born baby.
- Bibādi is the Accused.
- Bijer Sabhā is Judicial Tribunal.
- Bhikkhu Sangha means league of Bhāntes not less than five, according to Theravada Buddhist pantheon.
- Biyei-biyenī refers to the relationship that parents of both bride and groom share among them.
- Bhoch means wife of one’s elder brother or elder sister-in-law; she is addressed as Bhujhī.
- Burpārā is a special purification ceremony performed in the presence of all members of a family.
- Bo’ is the bride.
- Bohli means the programme of handing over the ornaments as gifts by the groom to the bride in presence of the social elders.
- Bo’-gudhi or the decorated room prepared for the bride.
- Bo’-tulonī means Reception of the bride by the groom’s mother or the groom’s elder sister-in-law at the groom’s house/ the house of the bride’s in-laws.
- Bo’-jāmei gajhāni is the handing of responsibility for the care of the bride and the groom to their guardians.
- Byā-bur is a purification ceremony performed after return of the newly-wedded couple from Byā-sudbhāngā or visit to the house of the bride’s father. Before entering the house the couple have to a river or a pond and is purified through a ritual conducted by an ajhā (priest).
- Byā-sud bhāngā refers to the first visit of the newly-wedded couple to the house of the bride’s father.
- Chabāsāl/chogāsāl means graveyard.
- Chābāngi is the Member.
- Chāgālā Panjāyet consists of a few Ādām or “Ādām” Panjāyets within the jurisdiction of the Sulaāni Panjāyet.
- Chakma/Chāngmā means Ānokyā and Tangchangyā.
- Chakma Rejyo Parishod is the Apex body of Chakma judiciary system which is constituted by the Ādāms and regional Chakma judicial organs. It is the Apex Judicial Organ of the Chakmas in the Tripura state and the Upajāti Jelā Parishad.
- Chāmini/monjheng means The Buddhist Novice.
- Chandokani is a white piece of cloth hanged from the top end of four bamboo poles erected at four corner of the pyre. In that cloth holes are made, if male than five or if female than 7 holes are there.
- Chidey keim means the bamboo cane of using at graveyard for decoration.
- Chhineli Mogoddimā is the court that adjudicates cases pertaining to Adultery/coquetry.
- Chol means Rice.
- Chumulong/chumulāng is the chief ritual required to validate any wedlock/marriage.
- Chumulong pāni means a pitcher of the sacred water used in the Chumulong ceremony. The water for the ceremony must be fetched from a nearby stream/ river/ rivulet by the bride, who will be accompanied by elderly ladies of the Ādām.
- Chumulong-ajhā bātyenā is selection of the priest to perform the Chumulong ceremony by the groom.
- Chumulong ajhā is the priest who performs the Chumulong worship and other necessary rites in the course of the marriage ceremony.
- Constitution refers to the Constitution of India.
- Dāyak means the followers of Buddhism.
- Dāvāh refers to ‘Bride-price’ that the groom’s party traditionally pays before wedlock to the bride’s parents in cash, jewellery or kind as assistance to meet the expenditure that will incurred in course of solemnizing the marriage ceremony.
- Dhān means Paddy.
- Dharā-bānāh refers to the demands made by the bride’s party for finalizing the marriage in the course of the Tinpur function.
- Dharma is the Religion/Religious.
- Dānt vindeni keim is a small bamboo cane for washing the teeth.
- Door morā is tortoise corpse
- Duch means Crime.
- Dhuduli-tengā or Milk-price. It refers to the money/payment made by the groom to the bride’s mother as a sign of gratitude. Along with money, there is also the custom of giving to the bride’s mother a token amount of uncooked rice, turmeric and cotton.
- Duschyā-Dujhi refers to Convicted Male & Female.
- Ehjāl is Assist/Assistant/Deputy.
- Ekchān is a fortnight.
- Ek dho means Adha ser or half kilo measuring bamboo made pot.
- Ek khānā is a Community Feast given jointly by the bride’s party and the groom’s party.
- Ereyekul ohna means shaving the head.
- Ettelā means Notice/summon.
- Fodonā is the Sky lamp.
- Fārā dajā means dangers.
- Funduri chumo is the gutless bamboo pipe.
- Garbā means Guest.
- Garbā-kudum/ Asāngyā-kudum refers to those relationships where marriage is prohibited and includes all paternal uncles, aunts, father and mother, maternal uncle and niece, mother-in-law and son-in-law, father-in-law and daughter-in-law, step-brothers and step-sisters, etc.
- Genghulee is the minstrel.
- Ghile kajoi pāni means Holy water prepared by mixing Ghile (a seed of the monkey-pod), Kojoi (a variety of herb) and raw turmeric.
- Gojhā means kinship group.
- Gui morā is the newt corpse
- Gutthi means a Clan.
- Hāmkhānā is Confession/admission (of guilt).
- Helyā-kudum/Sāngyā-kudum refers to brothers-sisters or friends of the same generation.
- Hobong means turban.
- Jadan Nāmā means the Marriage Certificate.
- Jāmei is the Bride groom
- Jāmin-nāmā is surety or the bond.
- Janam sudom refers to Birth-rites.
- Jarā-āndhik means the pair of rings that the bride and the groom exchange during marriage ceremony.
- Jarimānā is the punishment meted out to the guilty in the form of Cash.
- Jhenderā phirānā/dumur hādānā refers to the act of shaving the head of the Bibādi and parading him/her through the Ādām with the accompaniment of drum.
- Jarā-poi refers to the pair of dishes with various food items that is offered to the Chumulong ajhā by bride and groom on the occasion of the Khānā-sireni. The Jarā-poi cannot be detached until Khānā Sireni is complete.
- Kābidāng is the Executive Chief.
- Kajoipāni/ kasoipāni means the purification of a woman mother after child-birth, usually celebrated after the umbilical cord of the new born comes off.
- Kānji is unfiltered liquor.
- Kānjābā bhāt is a rice meal specially cooked in a new mud pot in the late evening of the day of cremation. For cooking of that rice it is prohibition to touch and leave gruel of the rice.
- Kārbāri refers to the chief of the Chakma social level who is empowered to declar judgement order.
- Khānā-poi means a dish containing various food items; it is a symbolic offering dedicated by the groom and his bride to the elders.
- Khānā-sireni is feast, held towards the end of the marriage ceremony, in which all close relatives of the bride and the groom and also community elders participate.
- Kiyong means Pagoda or Buddhist temple.
- Kizing means
- Kodogi is the Orator.
- Kung gach means the 6 nos. pillar are used at first for making pyre.
- kurum means the traditional pot made by cane and bamboo.
- Lājabhār is defamation fine.
- Luri is the Preist of Buddhist Tantrism.
- Mad refers to the traditional variety of liquor that Chakmas prepare at home.
- Melā-jāmeyyā is the Marriage ceremony.
- Mu’-balā Kudum is a kind of relation which has neither kinship nor a finial ties; it is a kind of relationship that an individual has evolved with another individual in course of association or through coexistence.
- Maadi cheng is an earthen bit.
- Mad-pillyeng/ Mada-Āhri means a bottle or pitcher of draught of liquor or kānji (unfiltered wine) within a bamboo vessel, which the groom’s party must gift to the bride’s relatives.
- Mattey toba is the Mud pot.
- Mudh is a unit of measure equal to length of a fist. It is used to measure the size of a pig.
- Mujaliyye is the written format of conditional admission statement of the Bibādi.
- Mukpātti, i.e., a person authorized by the Chakma court magistrate(s) for participating in argument, as also a person chosen by the Bādi or the Bibādi.
- Murubbi means the Chakma Social elders.
- Najar refers to the fees for filling a complaint before the Panjāyet Kārbāri (Ādām head).
- Olonshāl is the Oven.
- Pādu-ajhā/Asā melā means a foster mother or wet nurse.
- Pālā syong means as per consecutive the offering food to the Bhāntes from the followers family.
- Pallān/Hennal refers to an individual or individuals empowered to bring the Bibādi by notice or by force.
- Nālich is complaint/Case/Appeal.
- Panjāyet is the Social unit that constitutes the Social Judicial Court; it is the controller of the socio economic rites/rights.
- Phee means ill fate.
- Pidey-kālyong is the term for a traditional basket of cane or bamboo which is used during marriage to carry rice cakes and other food items, as a essential commodities like cloths, jewellery etc., for the bride. Generally, it is the groom’s younger sister or someone who is sister-like in relation carry the Pidey-kālyong
- Pirih/tambāh/pallā/puruch means Generation.
- Rānā marat–Rānī mile means Widower and Widow.
- Rāy means Judgement / Reconcile Decision/ Conviction/ Opinion.
- Rubo-rādi means Silver and Gold Ornaments. For a new bride, a total of eight (8) types of ornaments are required, namely āndhik (“ring”), kuji-khāru (“small bungles”), sonā-noch (nose ring), jammoli (an ornaments wear in ear), tajjur (hand bungles), thengot-haru (leg bungles), ahjuli (one kind of necklace) and Āhl chora (necklace) etc.
- Sāchchā refers to the Innocent or one who is considered “Not Guilty.”
- Sadar means One’s Own or close relationship.
- Sadar or Sadochyā is a near and dear relationship.
- Sādāngā is a Step relationship.
- Sādhumā means Buddhist Nun.
- Sākkhi is witness.
- Sallādhāri Committee means Advisory Committee.
- Shālikye or the messenger appointed by both the bride party and the groom side to exchange/ communicate necessary information regarding marriage ceremony between them.
- Samāj is the Chakma society itself.
- Sāmālā is the one who acts as the Best man. Usually, the responsibility is given to the groom’s brother-in-law or to a friend of the groom.
- Sammeng ghār is the traditional coffin. If dead person is a male person than five bamboo puff together tying by length and wide five pair of bamboo puff by length and by wide the same similar are made traditional coffin. If dead person is a woman the bamboo puff number will be seven.
- Sāngā is term for Marriage ceremony among Tanchangyās.
- Sāt Dinney means obsequies or Sraddha ceremony
- Sepbattā means the blessing of the bride and the groom by elders.
- Shālikyā is an appointed messenger for transmit information between bride and groom’s party after finalized of marriage date.
- Sheel means Buddha preached religious behaviour or rules.
- Shigolee tengā is cash money gives by the Social elders, guest as gifts to the bride and groom during Sepbottā ritual.
- Sijhi jadan or the function of formally tying the bride and the groom with a new piece of cloth; it is traditionally performed at the bride’s house.
- Sikkhe is Education
- Sineli /Chhineli mean Adultery/coquetry.
- Sramon is the Buddhist Novice
- Sudom denotes the traditional social customs of the Chakma society
- Suloāni Panjāyet refers to the regional Panjāyet of the valley-dwelling Chakmas under the control of the Chakma Rejyo Parishod.
- Sur-kāgach denotes a Divorce paper.
- Suwal means Argument.
- Syong means the offered food to the Bhāntes or Chāmini.
- Tājā-tulonī is the invitation of the Chumulong ajhā by the groom and the bride to predict their future of conjugal life.
- Talab-ānā is the fee paid for initiating a trial.
- Talab means to call of a person or inquiry of an incident.
- Tamādi means inactive.
- Tidey ton is the bitter curry.
- Tinpur is a function arranged at the bride’s house, and in presence of the relatives of both the bride and the groom, to fixed the date of marriage and finalize other details pertaining to the same
- To’ refers to the Adjournment of Court for a short period.
- Ugil refers to an Aide/ helper in offences pertaining to Chhineli (adultery/coquetry).
- Upajāti Jelā Parishad (Tribal District Council) means the Tripura Tribal Area Autonomous District Council (TTAADC).
CHAPTER – II
Section – 3: Extent and Application – This shall extend and apply in general to the entire Anokya and Tanchangya sections of Chakmas living in the Upajāti Jelā Parishad , including, of course, those who reside with the area of the State of Tripura.
Section – 4: Scope of Amendment - The present Customary Law may be amended from time to time by the Tripura Rejyo Chakma Sāmājik Parishad (the Apex Judicial Organ of the Chakmas of Tripura) after a general convention on the same.
Section – 5: Saving - If any problem or complexity in regulating any provision or any question pertaining to the interpretation of any rule or provision of this Law should arise, or if anything is not contained and not repealed anywhere within this Law or if there is misinterpretation of the Law by any person or institution, the Tripura State Chakma Sāmājik Parishad will then take up the issue and redress it accordingly.
Section – 6: The traditional right of society on social rituals/rites -The Chakma social rites and ritual prohibitions are oral and endorsed by long-standing traditional. Judicial matters have always been controlled/ regulated by the Chakma Social Court or in the traditional way. The Chakma Society is the guardian, protector and administrator of the Chakma Customary Law. So the Chakma social court is traditionally empowered to award criminal punishment especially in cases of Chineli or Sexual offence, scuffles, theft etc.
Section – 7: Unwritten law- If any law is not included in this Customary Law but it is endorsed by the Chakma society, the said law, unless annulled by the Chakma Rejyo Parishad within the Tripura State and the Upajāti Jelā Parishad, shall be considered an unwritten Chakma Customary law.
Section – 8: Gender matter- All masculine terms used in this Chakma Customary Law shall apply equally and with similar significance to the female members of the community as well.
CHAPTER – III
FORMATION OF SOCIAL ORGANIZATIONS
AND PRESERVATION OF CUSTOMS.
Section – 9: The Judiciary system or Tiers in the Judiciary system:-
The Chakma judiciary system is divided into 4 (four) tiers – (i) The Ādām Panjāyet, (ii) The Chāgālā Panjāyet,(iii) The Suloāni Panjāyet and (iv) The Rejyo Parishod. The lowest body is the Ādām Pancahyet and the highest body is the State level Chakma Rejyo Parishod.
(i) Ādām Panjāyet – Each Ādām or habitation can form the Chakma Ādām Panjāyet. Under certain circumstances taking into consideration the geography of an area, a separate Ādām Panjāyet is formed consisting of at least 25 families. Ādām Kārbāri (Ādām Head) is the chief of the Ādām Panjāyet and every head of the family is a member of the Ādām Panjāyet. If any Ādām Panjāyet fails to resolve an issue brought before it, it may be referred to the Chāgālā Panjāyet; if the plaintiff or the Bibādi is unsatisfiied with the judgment passed by the Ādām Panjāyet, then he can appeal to the Chāgālā Panjāyet. In every Ādām Panjāyet there shall be (a) a Ādām Kārbāri (b) a Ehjāl Ādām Kārbāri (c) a Ādām Kabidang and (d) a Bhandali.
(ii) Chāgālā Panjāyet – Considering and verifying the communication and geographical status of the regions, the Chāgālā or regional court may be formed with minimum of 5 numbers of Ādām Panjāyet. The Chāgālā head is called the Chāgālā Kārbāri. If any case is not solved by the Chāgālā Panjāyet then it may be referred to the respective Suloāni Panjāyet or if the plaintiff or the Bibādi person is not satisfied with the judgement given by the Chāgālā Panjāyet then they may file an appeal with the Suloāni Pancahyet. In every Chāgālā Panjāyet there shall be (a) a Chāgālā Kārbāri (b) 2 Ehjāl Chāgālā Kārbāris (c) a Chāgālā Kābidāng (d) 2 Chāgālā Kārbāri (e) a Bhāndāli.
(iii). Suloāni Panjāyet – The Suloāni Panjāyet is constituted taking into consideration the river valleys. For instance, Dergang (Deo river) Suloāni Panjāyet, Manugang (Manu river) Suloāni Panjāyet, Agere Gumed ( Upper Gomati river) Suloāni Panjāyet, Ehde Gumed (Lower Gomati river) Suloāni, Feni Gang (Feni river) Suloāni Panjāyet, Muhuri Lah Gang (Muhuri river) Suloāni Panjāyet etc. The Suloāni chief is known as the Suloāni Kārbāri. If a case is not resolved by the Suloāni Panjāyet then it may be referred to the Rejyo Parishod or if the plaintiff or the Bibādi is not satisfied with the judgment given by the Suloāni Panjāyet he may file an appeal before the Rejyo Parishod. In every Suloāni Panjāyet there shall be (a) a Suloāni Kārbāri (b) 2 Ehjāl Suloāni Kārbāris (c) a Suloāni Kābidāng (d) 2 Suloāni Kārbāri a (e) a Suloāni Bhāndāli (f) a Dharma Kābidāng (g) a Sikkhe Kābidāng and (h) a Sudom Kābidāng. There also shall be a Bijer Sabhā with consisting maximum of seven Chābāngi.
(iv) Chakma Rejyo Parishod – It is the highest judicial body of the Chakma Society in Tripura and the protector and the preserver of the Chakma customary law and is an administrator as a whole. All the unsolved matters/ cases are brought before this court and whatever is decided by this court is taken to be final. The Bādi or the Bibādi may appeal before the Rejyo Parishod. The Rejyo Parishod can start a sue moto trial in traditional way if it thinks that the Chakma customary law are being violated even if no one appeals before it. Rejyo Parishod can control/regulate/direct all the Ādām Panjāyets, the Chāgālā Panjāyets and the Suloāni Panjāyets as it operates as the apex court of the State and has the right to control or regulate the powers. If the Rejyo Parishod finds out that any lower court/committee indulges in misdeeds or misinterprets or misuses power or has violated the law in any way, then it can dismiss the concerned social/ judicial court/committee and may reform the court/committee again by passing an order with the vote of the majority of the members. The Rejyo Parishod chief is known as the Rejyo Kārbāri . There also (a) 2 Ehjāl Rejyo Kārbāris (b) a Rejyo Kābidāng (c) 2 Ehjāl Rejyo Kābidāng (d) a Rejyo Bhāndāli (e) a Rejyo Dharma Kābidāng (f) a Rejyo Sikkhe Kābidāng and (g) a Rejyo Sudom Kābidāng respectively. There also shall be a Bijer Sabhā with consisting maximum of nine Chābāngi.
(V) Bijer Sabhā/Tuguni Ādāl – In every Sholoāni and the Chakma Rejyo Parishod there shall be a Tuguni Ādāl. The Bijer Sabhā is empowered to settle all cases accepted for trial. The Tuguni Ādāl also empowered to constitue inquiry commission, if required. The Chābāngi of the Tuguni Ādāl shall be maximum (a) 9 persons in Chakma Rejyo Parishod and (b) 7 persons in the Suloāani level. Tje Kārbāri is the Chairman and Kābidāng is an Executive Member of the Bijer Sabhā/Tuguni Ādāl.
(VI) Sallādhāri Committee – there shall be a Sallādhāri committee to aid and advice the Chakma Rejyo Parishod. The committee shall consists 9 (nine) Chābāngis.
Section – 10: Social law and its Enforcement-
(1) All the Panjāyets belonging to different tiers functioning under the Chakma Rejyo Parishod must systematically maintain and preserve the judicial records.
(2) According to the Chakma customary law any person can file a complaint/case before any Chakma social Panjāyets or social courts. But the complaint must be in written.
(3) According to the Chakma Customary law apart from the recognized Kārbāri who is selected or elected by the Panjāyet nobody can conduct trial of any social dispute.
(4) After filing of a complaint, if that complaint is formally accepted by the Social Panjāyet or the Courts then the Bādi has to submit the prescribed fees in that social court.
(5) If a person file a case that is accepted by the Chakma social court then the trial has to be completed within a period, as is mentioned below –
(a) Ādām Panjāyet-within 20 days,
(b) Chāgālā Panjāyet- within 25 days,
(c) Suloāni Panjāyet-within 30 days,
(6) After the formal acceptance of the filed complaint and on deciding the dates of the trial an Ettela (notice) is to be sent to Bādi and to the Bibādi.
(7) After receiving the ettela if the Badi and the Bibadi desire for `to’`, then they can file a prayer claiming more time or a `to’` petition stating appropriate reasons. But in such cases the Bādi or the Bibādi has to submit or inform through a petition before the passing of 48 hours, or else, apart from an exceptional cases, it will not be accepted.
(8) The Badi or the Bibadi can only pray for more time or for a to’only twice. If any party fails to appear without giving any cause then the Chakma social court can go for an ex-parte hearing. If any party falls ill or is afflicted by an incurable disease, then upon verification of it the social court can stay the trial for a few days. If the social court finds out that a party is deceiving the court by claiming more time then the social court can send a Pollān/Hennol to pursue and bring the party politely or with the use of force.
(9) During the period of the trial/proceeding of a case no person is allowed to talk or leave and can encourage leaving the social court without the permission of the Kārbāri. If any person violates the rule he is penalized and asked by the Social Court to pay a fine as the said court deems fit.
(10) Before starting of the trial of a case the present Kārbāri will clarify to all present the subsection 11(9).
(11) If anybody violates any rule of the social court than the dishonor or defamation or the contempt of court shall be taken seriously and immediately a punishment shall be pronounced by that social court.
(12) If the Bādi fails to prove his complaint against the Bibādi then the Bādi has to pay an Lājobhār to the Bibādi, the amount of which shall be decided by the court. Moreover, the Bādi is bound to pay the fine according to the judgment order declared by the social court.
(13) If the social court passes an order for payment of fine then said Duschyā/Dujhi is to deposit the said money immediately before the court. If the Duschyā/Dujhi fails to pay the entire money immediately, then he/she can pay one third of its amount and he/she can seek time for paying the rest two third within a stipulated period as is decided by the Court.
(a) Under such circumstances, after appointing a jāmin-nāmā on behalf of the Duschyā/Dujhi, the court can give thirty days to submit the fine. It is to be noticed that the appointed surety or the bond of jāmin-nāmā may be broken two days before the completion of the period if the concerned person prays for canelation the jāmin-nāmā by presence himself before the social Kārbāri.
(b) Under such circumstances, if the Duschyā/Dujhi seek for more time for the payment of the fine then another 15 days can be provided by the social court, failing which the social court can seize the Duschyā/Dujhi immovable or movable property equal in value to the fine to be paid.
(c) Under such circumstances if it is found that the Duschyā/Dujhi has no moveable and immoveable property, which is equal in value to the fine money than the Duschyā/Dujhi is bonded in servility, serving as a laborer in a household which is under the jurisdiction of the social court. He/she is to serve such a sentence till his menial labor equals in value to the fine he was ordered to pay.
(d) Under such circumstances when the aforementioned step cannot be enforced upon the Duschyā/Dujhi then he/ she may be expelled from the Chakma society or the case may be referred to the respective Police station along with by proper evidence.
(14) The person who is banished shall not be treated as a member of the social Panjāyet. He is not allowed to be a part of any social feast or programme. Under the circumstances if the said person is accepted by the society at any point of time, then he/ she has to continue his living as a Sramon (Chāmini/monjheng ) in any one of the Buddhist Viharas being occupied with the performing of religious rites.
(15) Under the circumstances when any other inmates of the Chakma society assist/ collaborate/ cooperate with the socially exiled person then the concerned person is liable to receive the same punishment.
(16) The Chakma social Panjāyet has the power to conduct the trial of every kind of social crime/ offence except in the cases of murders, communal riots, and offences against the State.
(17) The Chakma social court is not empowered to conduct the trial of an offence committed by a Bhāntes or Sramons or Chāmini.
(a) Under such circumstances, if it is found that a Bhānte or a Sramon has committed a serious offense then the social court is liable to lodge an Nālich with the Bhikkhu Sanghas.
(b) Under the circumstances when the title of monkhood is seized from a Bhānte or a Sraman by the Bhikkhu Sangha then the social court can conduct a trial against him.
(18) If there is a dispute relating to constitutional electoral preaching or politics, no Nālich can lodged in a social court falling under the jurisdiction of the Chakma Samajik Rejyo Porishad.
(19) Delegates/ representatives from the higher courts can participate in the proceedings of any of the social courts if their request is accepted. It is to be noted that the delegate/s from the higher court acts only as a participant; the social court where the proceedings take place is alone entitled to pass a Rāy.
(20) If any male or female Bādi, Bibādi or Sākkhi refuses to be present before the Court without submitting any valid reason or information then the said person is considered as Duschyā/Dujhi of contempt of the Court. Under such circumstances the Social appoints some men or women as the Pollān/ Hennal who are ordered by the Court to bring the Bibādi/ the Bādi/ the Sākkhi who are absent.
*(21) If there are cases pertaining to an illicit relationship between a man and a woman of different Ādāms then the matter is to be settled by the Court under the jurisdiction of which the woman’s Ādām falls. If a Kārbāri who settles the issue comes from outside the jurisdiction of the Ādāms of both the Bādi and Bibādi then the said Kārbāri is liable to pay double penalty to the concerned Chāgālā Court.
(22) If a married woman is tortured by her husband or the husband’s relatives and takes shelter in her father’s home or in the house of any other Ādāmr then the tortured women can file a complaint before the social court of her choice. However, after she files the Nālich, the trial/ proceeding of the case might take place in the Panjāyet of the victim’s husband. On the other hand, the case cannot be put to trial/ proceeding or the case cannot take place without the presence of representatives of the Panjāyet to which the victim’s father belongs.
(23) Under the circumstances when problems or disputes arise between two Ādām Pancahyets, then the Ādām Panjāyets can reconcile it dispute after discussing the matter.
(24) Under the circumstances when a party wants to appeal to the higher court, he has to do so within a stipulated period of 30 days from the day of the Rāy pronounced by a social court. Accordingly, the prescribed fees are to be submitted to the higher Panjāyet court.
(25) Under the circumstances when a Nālich is lodged against an official under the Rejyo Parishod, such as the Kārbāri, the Ehjāl Kārbāri, the Kabidāng or the Bhāndāli, then the concerned ‘Bijer Sabhā’ is empowered to put to trial the case against the said official. It is noted that before put to trial/proceeding against the Rejyo Kārbāri/Suloāni Kārbāri/Rejyo Kābidāng the concerned Bijer Sabhā shall constitute an enquiry commisson to messure of the gravity of offence. The concerned Bijer Sabhā may put to trial of the case subject to on gravity of offence.
(i) Before starting the trial against the official, the Bijer Sabhā is empowered to suspend the said official or the Bibādi during the entire trial period. If the Bibādi /official are found guilty he will be dismissed from the committee. On the contrary, if he sets at innocent then he may hold the same position.
(26) All Nālich (complaints or cases) shall be filed or lodged for a trial before the Panjāyet Court within a stipulated period, failing which the case or the complaint shall be considered as ‘Tamadi’. Such as -
- Under the circumstances when a person is alleged with adultery or sexual offence, and he/ she does not reside abroad or outside the State, then the complaint or case is to be filed within 2 (two) years from the date of occurrence, otherwise the case shall be considered as Tamadi automatically.
- Any kind of Nālich against a dead person shall not be accepted by the Panjāyet court.
- Cases or complaints regarding land dispute should be filed within a stipulated period of 12 years from the date of its occurrence, failing which the Panjāyet court is not liable to accept the complaint for trial.
- Under the circumstances when an Nālich is lodged against theft, it shall not be accepted by the Panjāyet Court if the complaint is not filed within a stipulated period of 2 years from the date of its occurrence. However, it is mandatory to bring it into notice of the concerned Panjāyet within 15 days from the date of occurrence of the theft.
- Cases relating to scuffles are to be filed within a stipulated period of 15 days from the date of its occurrence, failing which the Panjāyet court is not liable to accept the case for trial.
- Other Nālichs related to these are to be filed within a stipulated period of 3 months, failing which the complaints or cases shall not be accepted by the Panjāyet Court.
(27) If an Nālich is lodged against a person who resides abroad or outside the state or Ādām after filing complaint, the Bibādi cannot be set at liberty from his guilt and the charges are valid till the cases is solved.
(28) The judicial tiers controlled by the Chakma Rejyo Parishod are liable to preserve the record of such cases very carefully. Again, if a lower Chakma social court fails to solve a dispute then the lower social court can refer the case to the higher court for trial.
CHAPTER – IV
THE KINSHIP SYSTEM
Section – 11: Chakma Gojhā (“kinship group”) and Gutthi (“Clan”)
The Chakmas who live in the State and within the area of the Upajāti Jelā Parishad are belongs to different Gojhās (“kinship groups”). Under the Gojhās, one finds the various Gutthis (“Clans”). Given below is the list of Chakma Gojhās and Gutthis –
(A). Ānokyā Chakma
Name of Gojhā Name of Gutthi
1. Āngu Gojhā Mag, Iahliyā.
2. Ucchurī Gojhā Tibirā, Āgunapunoh.
3. Bongsā Gojhā/Wangā Gojhā Chagadā, Mokcharā, Chehtyā, Kala-Kāngārā, Rāngā-kāngārā.
4. Kāmbe (Bar) Gojhā Dyeyā, Agyagyā, Ahdicyā.
5. Kāmbe (Guro) Gojhā Mendor, Māneiyā, Gajālyā, Lopātto.
6. Kudugo Gojhā Sardār.
7. Kurokuttyā /Kurokujyā Gojhā Nendār, Angare, Nandadeb, Pīrhābhāngā, Babā, Nābān, Larkasyā, Sāngjānā, Tadegā, Sursuri, Sādāngā, Pachā, Āgunapunoh, Pejār, Sardār, Bhanchyā, Hrādingā, Rājākābā, Ugureng.
8. Khyāngjoy /Khyānje Gojhā Choidonī, Doyājā, Nāpit, Sehm, Chakoi, Bāngālī, Kabāl, Tibirā
9. Chādongoh Gojhā Sordāchyā (bar), Ruyāsirā, Sāttangyā, Guro Sardārchyā or Kurpā, Pāgālā.
10. Chek-kapoh Gojhā Dhurjā, Mendor, Churjyā, Bogā, Bowāh, Khehloh.
11. Chege (Duhkhyā) Gojhā Kāngārā, Bagoli, Bhulong, Bhuroh, Nenāngyā, Dhāmālā, Pīrhābhāngā, Āhgābā.
12. Teiyā Gojhā Puijogā, Phādengā.
13. Tainyā Gojhā Kurjyā, Uryā, Dhāmmwā, Māliyā, Mendor.
14. Dārjyā Gojhā Nāduktuiyā, Khangare, Kalā.
15. Dhāmei/Dhāmāi Gojhā Tadegā, Sursuri, Gharkābā, Pirhābhāngā Gāng, Rāgkābā, Rejyokābā, Chārjyā (Mājyāng), Kangkangoh, Āhgābā, Matyā, Chādangoh, Lohpāttwā.
16. Powā Gojhā Kajarā, Phāttwā, Lāngdā, Kakkengyā.
17. Pungoh Gojhā Jhāndā.
18. Pedāngchori Tainyā Gojhā Bāmonoh (Bāngonoh).
19. Pemā Gojhā/ Phema Gojhā Tibirā.
20. Phāksā (Bar) Gojhā Durjyā/Dujjyā, Kabālā, Lukeiyā.
21. Bogā Gojhā Dhujyā, Kāhtiyā, Rendāl, Nei-nāngyā.
22. Barchege Gojhā Undurtālā, Āchāchuloh, Kumuj, Āhaityāl, Gajyāl.
23. Barboh Gojhā Phejerā, Pāgālā, Tabhā, Pharā, Ban-pāgālā, Bheduli, Nāduktuk, Kangsurī, Bādālī, Dajā, Kabā, Bhudoh, Bileiguh, Bhahda, Kārbwā, Pwā, Nāmjā, Mag, Bengoh, Sehm, Āguni-pun, Kāngārā (Kumujoh), Tabā.
24. Baburo Gojhā Bāurā, Gajālyā, Māneiyā, Lohpāttwā.
25. Bungoh Gojhā Rumsā, Bāus, Ruajā, Lenāngyā.
26. Muhlimā Gojhā Dhābānā, Chholyā, Bādāli, Kalā, Singha, Pachā, Kārbwā, Sherpārjyā, Rāngāsilumwā, Midhā, Māneiyā, Anindyā, Mag.
27. Muhlimā-chege Gojhā Sukhrā, Selochyā.
28. Rānga /Rānge Gojhā Mendor , Cheg, Ngānyeyā, Kāhloh, Bhārālyā, Rendāl.
29. Laksar Gojhā Gajāl, Bongjā, Bheduli.
30. Lārmāh/Lāmmāh Gojhā Pīrhābhāngā, Bar-chārjyā, Mājhyāng-chārjyā, Chigon-chārjyā, Satbheiye, Todek, Rājākābā, Āgunpunoh, Bagā.
31. Lebā Gojhā Lohpāttwā, Sukka, UdachEhdā/UbudchEhdā.
32. Hiyā/Heya Gojhā
(B). Tanchangyā Chakma
1. Dainā Gochhā Pashoi, Pandit, Tānjab, Kālā-Thongjā, Bandhyāb, Pisho, Rāngeyā, Balā, Bāngālyā, Dānnowā, Khāttal.
2. Mogachā Gochhā Tāshi, Kabālyā, Dāllowā, Gunyā, Kuruga, Āhgārā, Khuswoāh.
3. Kārbwā Gochhā Gachālyā, Phārāngshā, Bāngālyā, Llaposyā, Ārbwā, Bakchārā, Tāshi, Bunga, Balā.
4. Manglā Gochhā Pālāngshā, Daranyā, Nābānā, Debā, Kāleiyā.
5. Melang Gochhā Āmelā , Ālu, Temele, Pakta.
6. Llāng-gochhā Bedab, Shakkā, Lāmbāyā, Balā.
7. Angā Gochhā
CHAPTER – V
Section – 12: Rites pertaining to Child Birth
(i) No women can give birth in other places except her father’s home, her husband’s home or in the home of her husband’s clan.
(ii) It is mandatory for the neighbors or the relatives to assist the conceived woman during the delivery of a child.
(iii) After the delivery of a child the new born mother is given Bhātmajā by the neighbors.
(iv) The mother of the new born must perform the rites of purification known as Kajoipāni/ kasoipāni. Until this ritual is performed the mother of the new born cannot step into other’s house. This ritual is to be performed within one month after the child is born.
(v) If the mother of the new born steps into other’s house without performing Kajoipāni/ kasoipāni than the family members believe that an ill- omen is soon to fall upon them and that family members is liable to perform the Burpārā ritual. The parents of the new born are liable to pay all the expenses of the Burpārā ritual.
(vi) While performimg the Kajoipāni/ kasoipāni, it is a ritual to gift the Pādu-ajhā/Asā melā one khadi, a bottle of wine and a roaster. In lieu of khadi white clothes can also be given to the Pādu-ajhā/Asā melā. Some cash is to be gifted while the ritual is being performed, but the amount must not be less than Rs.200/-.
(vii) If any Pādu-ajhā/Asā melā successively assists in the birth of three children within ekchān, then the guardian of the last baby is liable to give a roster to the Pādu-ajhā/Asā melā in addition to other gift items.
(viii) The household may be exempted from giving the gifts mentioned above if the Pādu-ajhā/Asā melā so desires. However, the guardians of the family may freely bestow more gifts/ cash if they so desire.
(ix) In the Kajoipāni/ kasoipāni Ritual the honorarium of the padu ojah is called Nādi kābā tengā/Nāikābā thāngā which means honorarium for severing off the umbilical cord.
(x) Torturing a conceived women or a mother of a new born is strictly prohibited.
(xi) After child birth/delivery, the family members of the child cannot immediately engage the mother of the new born in any kind of hard work.
(xii) Foeticide offences can also be settled in the social court. If the Chakma social court fails to solve the dispute then the said party can appeal to the Court of the Law under the government.
CHAPTER – VI
MARRIAGE/ MELĀ / SĀNGĀ SUDOM
Section – 13: Age of marriage – Marriage of a girl below 16 (sixteen) years of age is strictly prohibited in the Chakma society; the boy must be more than 19(nineteen) years in age.
Section – 14: Ascertaining of the date of marriage –
(i) The Chakmas follow the Bengali calendar and the marriage ceremony is prohibited in the month of jaistya, bhadra and pous.
(ii) During the Barshābās no marriage can be performed.
(iii) Marriage date can be fixed in any day of the week. However, if the date coincides with a pre-decided religious ceremony which is supposed to be held on the same day then the date of marriage is nullified.
(iv) The marriage date is fixed considering the auspicious day on which the bride can set out from her father’s house.
(v) The marriage date which has been fixed can be changed based on a mutual discussion between the bride and groom’s party.
(vi) More than one daughter-in-law can be married into the same family on the same date/ day. However, on the other hand, a father is not allowed to marry off two daughters on the same date/ day. Again, within a year of a son’s marriage, a daughter cannot be married off by the father. But on the same day of the daughter’s marriage or after passing of sometime immediately after performing the daughter’s marriage, then father can perform the marriage of his son.
(vii) The youngest son can marry even if any of the elder sons remain unmarried; the same custom is prevalent among the daughters also. But the permission of the elder brother or sister is necessary.
Section – 15: Udo lohnā/Thak chānā (to ensure the sending of marriage proposal)
(1) The guardian of the groom voluntarily or after getting the information about the bride from the close relatives sends the marriage proposal through a trustworthy person or through any close relative of the bride. This proposal is called Udo lohnā/Thak chānā. After receiving the proposal from the groom’s side the bride’s father gives no immediate reply and if the proposal seems to be acceptable then the bride’s father consents to the marriage after discussing the matter with the close relatives.
Section – 16: Sāngu dor ban (to secure the marriage proposal)
(1) After receiving a positive consent for the marriage from the bride’s family without the proposal being rejected by the bride’s father and before the marriage date is finalized the groom’s family party can do Sāngu dor ban for securing of the marriage proposal. Under such circumstances, until the withdrawal of the Sangu dowr bon another marriage proposal cannot be accepted by the same bride. However, the Sāngu dor ban can be withdrawn for the following reasons.
(i) The bride’s family can cancel the Sāngu dor ban by intimidating the groom’s family.
(ii) The grooms family can voluntarily withdraw the Sāngu dor ban if they so desire.
(iii) After a discussion between the bride and groom’s family the confining Sāngu dor ban can be dissolved at any point of time.
Section – 17: Bo’ chā Jānā/ Bo’ puchā gorānā (visiting the bride’s house to discuss aBo’t the marriage)
(1) After getting a positive reply from the bride’s side, by informing the bride’s party in an auspicious day the groom’s party along with the close relatives and some of the elders carrying gifts like wine, betel leaf, betel nut, coconut, dry fish and various types of traditional rice cakes etc. visit the bride’s house for giving the formal marriage proposal. After this functional marriage proposal the would-be groom’s party has to visit the bride’s house thrice (three times). The 1st visit is called as ‘Ek pur’ followed by the second is ‘Dwipur’ and the third and the final visit is called ‘Teen pur’. While visiting for the third time the final decision of marriage is taken and the marriage date is also fixed by both sides.
(2) Pur bānā (fixing of marriage date) – After the acceptance and finalizing the marriage proposal and the completion of the pre-marriage stages such as Ekpur, Dwipur and Teen pur, the marriage proposal cannot be withdrawn or the marriage cannot be cancelled by either of the parties. In case the marriage is canceled by either of the two after fixing the marriage date, then the other party is naturally defamed by the said party. In that case, according to the traditional custom the party which cancelled the proposal is liable to pay Lājabhār and compensation. The amount of Lājabhār shall be decided by the Panjāyet or social court in which the party who has cancelled the proposal resides.
(3) After receiving the Mad Pilāng from the groom’s party in Teenpur function, if the bride’s father gives dissent to the marriage or refuses to the marriage then the groom’s party can file a complaint before the social court against the bride’s father with the allegation of breaching of contract and the bride’s father is liable to pay all the expenses of the marriage and also the compensation including the Lājobhār as is declared by the social court.
(4) The fixed marriage proposal can be cancelled if any person dies in the bride or groom’s party.
Section – 18: Dowry - Dowry giving has never existed in the Chakma society and it is strictly prohibited in among the Chakmas.
Section -19: Dāvāh –
(1) After finalization of the marriage date, as per the demand of the bride’s party the groom’s party has to bear some of the expenses of marriage. Such as marriage costume for the bride, ornaments, cash, rice, pig etc. The system of paying of the expenses by the groom’s party to the bride’s party is called as dāvāh. Nowadays this ritual is less practiced among the Chakmas.
Section – 20: Bowli/Sājoni (Marriage costume and ornaments for the bride) –
(1) According to the Chakma social custom, the groom has to pay for the traditional marriage costumes, ornaments, and cosmetics as per the demand of the bride. The groom’s party is liable to pay the Bowli as per the demand of the bride; the bowli is treated as the bride’s property. After performing all these functional rituals, if bride’s party dissents to the marriage then it shall be considered to be a criminal offence and the bride’s party is liable to pay the Lajobhar and penalty by apologizing to the groom’s father or to his guardian. The same is applicable for the groom’s party if they commit the same flaw. Generally, if any marriage proposal is accepted by the bride’s side and is not cancelled, no other party can send a marriage proposal for the same bride. However, after the cancelation of the marriage proposal any other party can send a marriage proposal for the same bride.
Section – 21: Shālikyā Pādānā (sending an appointee for final supervision of marriage) –
(1) After finalization of the marriage date, the dāvāh demanded is to be sent to the bride’s house at least one week before of the marriage. Moreover, to transmit the information between both the parties, the groom’s party appoints a person called a Shālikyā to confirm certain facts pertaining to the performance of the marriage ceremony on the destined date, if the members of each of the families cater to goodness of health, if there are any unavoidable circumstances for which the date of the marriage needs to be fixed on another day, etc.
Section no – 22: Marriage Custom –
(1) Generally, the groom is accompanied by a grand procession consisting of relatives, and friends. The relatives and friends of the bridegroom go to the bride’s house to bring the bride and fulfill the other rituals of the marriage. After performing Sizi jadan in the bride’s house the bridegroom returns to his house with the new bride to perform the Chumulong ritual in his house. The marriage is completed only after performing the Chumulong.
Section – 23:- Bo’ hojā Jānā (bringing the bride).
(1) The journey to the bride’s house to bring the bride by the groom’s party is called ‘Bo’ hojā Jānā’. The groom has to go the bride’s house while performing the Bo’ hojā Jānā, because the Jadan bānā function can take place only in the bride’s house. After groom returns with the bride to his home on the same or the next day and performs the Chumulong ritual. This is followed by the Khānā Sireni ceremony in the groom’s house. The marriage is completed with the performing of the Khānā Sireni ritual.
(2) The total number of men in the groom’s party who sets out to bring the bride must be odd in number, inclusive of one Sāmālā, the bride groom, the Pidey-kālyong carrier and the guardians. During the time of return the number of people must be even in number.
Section – 24: Jāmei ghorot tolanā (reception of the bridegroom)-
(1) When the bridegroom is to enter the bride’s house then the groom’s party is greeted by the bride’s family and the feet of the groom and of his parents are washed by the bride’s younger sister or a teenage girl younger than the bride’s and only after that they are allowed to enter into the bride’s house.
(2) In Tanchangyā society when the bride groom enters into the bride’s house, the bride is hidden. A teenage girl younger than the bride welcomes the groom and his parents with flowers after washing their feet. The sister-in-law of the bride or a close relative whose son has never died or any male who is just like her brother-in-law comes to the bridegroom, circles an egg over his head and throws it away. He holds the groom’s little finger in his and places him next to the bride. This is followed by a cloth being put as a pall between the bride and the groom. The cloth is removed only after the bride is ready for the marriage.
Section – 25: Sizi Jadan/jorā bāni denā/fong gorānā /lāttong bānā (binding of the bride and the groom as one)-
(1) Another important social ritual of the Chakma marriage is Sizi jadan/jorā bāni denā/fong gorānā /lāttong bānā. Jadan Bānā means tying of the knot between the bride and groom. This ritual is relied upon as a conventional social practice and it takes place in the bride’s house. The bride and groom are gets a social recognition as a husband and a wife with the completion of this ritual.
(2) The consent of the bride and groom’s party is sufficient for performing the Sizi jadan ritual in the house of the bride. Elaborate procession from the groom’s house is unnecessary.
(3) The meaning of the Sizi jadan or jorā bānā is a sacred knot or bonding. This ritual takes place in the bride’s house. If the bride is born on Wednesday then the groom is bound to stay at least one night at the bride’s house.
(4) During the ritual of Sizi jadan both the bride and groom are made to sit on a seat and the bride and the groom are Bound together with a white piece of cloth for a few seconds. The Sāmālā seeks permission from the assembled invitees before tying the bride and the groom with the piece of cloth. The dialogue goes thus: “Jadan bāni dibār uhgum āghe ni nei’? (Can I bind the bride and groom?) Immediately the assembled invitees confirms saying: ‘āghe āghe’ (Yes, yes). Thereafter, the Sāmālā, takes Badāgulyā bhāt, and then he asks the couple to feed each other.
(5) When the Sāmālā seeks permission saying ‘Jadan bāni dibār uhgum āghe ni nei’, if someone says “Nei, Nei” (No, No) then the marriage function may not be completed, but the person is liable to explain appropriately reason of his disapproval. If the person fails to clarify the reasons for saying ‘No’ then penalty or punishment shall be imposed upon the person according to the Chakma customs.
(6) Exchange of rings between bride and the groom is an important practice in this ritual. The rings exchanged are to be worn by the bride and groom until they return from bey-sud bhāngā. It is a social belief that this makes the bonding of the bride and the groom eternal and it is also a sign of prosperity. The said pair of rings is called jarā-āndhik.
Section – 26: `Bo’` tulanā (reception of the bride)
(1) When the bride arrives at the groom’s house, the groom’s mother or a married woman who is not a widow is to get a prior permission for the bride to step into the house and then she welcomes the bride. She conducts the bride to her room only after a young boy or girl among the groom’s close relations washes the bride’s feet.
(2) In the Tonchongyā society the new bride and the groom are to stay for 7 days in the bride’s house (presently reduced to 1 or 2 days). On the arrival of the bride and the groom from her house to that of the groom’s they are taken into a house decorated with flowers.
Section – 27:- Chumulong /Chumulāng –
The sacred ritual of Chumulong/Chumulang between the bride and groom is mandatory to make the marriage acceptable in the Chakma society. This ritual is a part of the Nature worship (Animistic faith) practiced among the Chakmas; it pertains to their religious faith. The oath taking or worship takes place in the groom’s house leading to the completion of the marriage.
Section – 28: Chumulong /Chumulāng Worship.
(1) Chumulong Ajhā bāttyenā – The Chumulong Ajhā is endowed with the responsibility by the groom by offering him some cash, wine and flowers and he is requested to conduct the Chumulong worship for the completion of the marriage. This request is to be made by the groom at least one day prior to the marriage.
(2) To perform this ritual it is necessary that a pitcher filled with holly water is carried by the bride from an adjoining river or pond. For this purpose the bride is accompanied and assisted by unmarried young girls and elderly married women who are not widows. It is centering this pitcher of water that the Chumulong ritual is performed. The pitcher is placeds on the Chumulong dais and it is wounded around with a sacred thread made by spiraling seven threads into one.
(3) On the Chumulong dais two deities Chumulong/Sodaagosche and Pormeswari alias Ma-Lakkhima are placed. However, during the time of the ritual along with these two deities an offering is also made to Biyatra alias Ojhya. The items required are a kurum (traditional pot made by cane and bamboo) of paddy for the Chumulong deity and an egg for the Pormeswari deity.
(4) The Chumulong deity Sodaagosche, Ma-Lakkhima or Porameshwari and Biyatra or Ojhya are each offered a cup of wine.
(5) According to the traditional ritual, after the completion of the Chumulong worship the Chumulong Ajhā brings water from the pitcher and gives the bride and the groom to drink the water and ties two sacred threads 7 times on the hands of the bride and the groom respectively.
(6) The Ajhā then calls the Elders of the society who are present and after examining the entrails of the chicken which had been sacrificed and the inside of the egg which had been specially boiled foretells the fortune of the bride and the groom. He also gives solutions if any impending disaster the newlywed in near future. This ritual is called `Chāmbā chānāh`.
Section – 29: Tonchongyā Chumulāng system.
The ritual is performed by the `Asā` (priest). An egg, a rooster, a hen and an mālā sugor (boar) etc are sacrificed and are served to the deities Pormeswarī, Lakkhī Kālia, Neināingyā or Rakkholyā. The `Chāmbā is seen by the`Ojhā` who is to predict the fortune of the bride and the groom. The prediction of the future by examining the sacrificed chicken’s tongue is known as chamba chānāh.
Section no – 30: Phool Chumulong-
The Chumulong can also be performed without an animal sacrifice; only flowers and fruits are offered. This is known as Phool Chumulong. It is to be noted that in this ritual the items of the Chumulong worship are the Dhān kurum, the Chol Kurum, an egg, a pitcher filled with water, etc and the offering is made to the Chumulong deities including the Biyātrā.
Section no – 31: The Chumulong according to Buddhist way
(a) Whereas the marriage is a prevalent custom and Chumulong/Chumulang is an auspicious ceremony of the Chakma society, and so the Chumulong can be performed under the priesthood by an especial person. In this way, Tricharan (three vows) and panchashila (five Shilas) vow can be taken before the Chumulong worship. The listening of Mangal Sutra function can be organized after or before the marriage, if so desired.
(b) But, it is strictly prohibited socially and religiously to perform Chumulong ritual under the priesthood of Bhānte or Chāmini.
Sectin – 32: Sepbottā /Sep Māgānā (blessings)
(1) The Sepbottā meaning is blessing. This ritual is performed for taking Sepbottā from the invited guest, social elders and old fellows of the Society. The Sāmālā controls the bride and groom while performing Sepbottā ritual.
(2) It is mentionable that, the Sāmālā prepares a vase with some rice and some corpus (cotton) and brings the bride and bride groom into the invited guest social elders and old person’s and placed the prepared vase in front of the guests for taking Sepbottā and the bride and bride groom vows respectfully to the guests. Then the guests after taking rice and corpus (cotton) from the vase placing the rice and corpus (cotton) on the head of the bride and bride groom pronounce the word of Sepbottā and give some money as per capacity. This money is called Shigolee tengā.
(3) In some times, considering the social convenience and financial ability of the family the Shigolee tengā is not accepted.
Section – 33: Khānā Sireni (Wedding last and final ritual).
(1) Khānā Sireni ritual is an important organ of the marriage ceremony. It is one of extra friendly feast is organized in the presence of bride and bride grooms close relatives and respected guests. Under the guidance of the Sāmālā different type of delicious foods and necessary mad are offered among the guests. In this ritual the relationship of both sides becomes stronger than past by gossiping. As per the prevalent custom if any couple fails to perform the Khānā Sireni ritual on the marriage day then they must fulfill the ritual by performing ghar chumulong. Otherwise after death of that couple/ people are carried by the villagers keeping below the knee to the graveyard. In this condition, only a bottle of wine and paying some cash money to the graveyard immediately finishes the last death rites.
(2) It is mentioned that use of mad or wine to Phool Chumulong is not mandatory.
(3) If invited guest are served non vegetarian food items then the Khānā sireni function must be performed with that non vegetarian food items.
Section – 34: Bo’ Gajāni (handovering the bride)
At this stage ceremonially the bride are handed over to the groom party. In this function on behalf of the bride side one Kodogi in his well equated and heart touching speeches or any ‘Genghulee’ through his charming melodious song are described and advices the newlyweds and the both parents about the sweet relationship, happy married life, principle of a married woman, politeness, honesty, good nature etc and finally the bride are handed over to the groom side. In a very warm and peaceful environment it’s performs.
Section – 35: Jāmei Gojāni (handovering the groom.)
It’s also a ritual handing over the bride groom’s to the bride side. one Kodogi on behalf of groom’s side in his well equated and heart touching speeches or any ‘Genghulee’ through his charming melodious song are described and advices the newlyweds and the both parents about the sweet relationship, happy married life, principle of a married woman, politeness, honesty, good nature etc and finally the groom is handed over to the bride side.
The whole atmosphere of Bo’ Gojāni and Jamei Gojāni are part of the Khānā sireni ritual and it is being mentioned that as per the provision both sides can chose a person to perform the ritual respectively. But Rana Marad (widower) person cannot be performed this ritual.
Section – 36: Bey-sud Vāngā,( first visits of newlyweds to bride’s father house) –
To perform this ritual, if bride’s fathers house is far away then it can takes places in the bride’s clans relative house by discussing and taking consents in between the both party.
(1) Sometimes, if any responsible person of bride’s cast is not available than nearby Ādām side, in that case, the Bey-sud Vanga ritual takes place under any evergreen tree.
(2) If groom is sheltered under a different clan than after returning from the Bey-sud Vanga, the bride and groom has to perform the ritual of Bey Bur(purification) thereafter has to enter in similar clan house before entering the sheltered house.
Section – 37: Madhya Berān /Sep māgāh Jānā (middle trip /going for take blessings)
After staying for 2/3 months at own house the newlyweds has to visit the bride’s father house along with the Sāmālā and others relatives by carrying various commodities like betel, nut betel leafs, coconut rice cakes and other gifted items for takes blessing.
Section – 38: Bizu berān (Bizu trip)
At the eve of first Bizu after marriage, the newlyweds are Bound to visits the bride’s father house along with groom’s close relatives such as grandmother, like sister- in- law and younger sister which is ‘known as Bizu Berān’.
It is noted that, if the bride’s age is odd numbers then the newlyweds are bound to stay at bride’s father house during Mul Bizu.
Section – 39: marrige related social rule-
Chakma social marriage related rituals are following-
(i) Valid marriage
(a) If the level of lineages is similar then bride and groom can marry. But in same clan cannot marry.
(b) Marriage can be solemnized within the son and daughter of same brother and sister such as maternal, paternal brothers and sisters.
(c) Same sister’s son and daughter such as maternal uncle, elder sisters can marry.
(d) Similar relationship or same lineage’s but goza (sub clan) and gutti (clan) are different can marriage.
(e) Marriage can be solemnized in between the elder brother’s younger sister- in- law and younger brother.
(f) A person can marry the women in relation of younger sister-in-law.
(g) Marriage can be solemnized between the widower or divorcee man and widow or divorcee women in the same lineage and different clan’s.
(h) Widow or divorcee women can marry her younger brother- in -law.
(ii) Void / invalid marriage.
(a) Marriage cannot be solemnized in unequal or gorbā kudum relationship.
(b) Marriage cannot be performed in the similar clan or patriarchal blood till seven generation of the clan’s.
(c) Marriage cannot be performed between in relation of uncle and niece, close or far – such as (1) Between elder brother’s daughter and younger brother (2) Between elder step brother’s daughters and younger step brother marriage cannot be performed.
(d) In relation of Parental auntie and maternal auntie marriage cannot be performed.
(e) Maternal uncle or nice cannot marry.
(f) A person cannot marry wife’s elder sister, even touching is also prohibited.
(h) A person cannot marry his younger brother’s wife; even touching is also strictly prohibited.
(iii) Polygamy for men and women.
(a) At a time more than one husband of a woman is strictly prohibited in Chakma society.
(b) But in the following reasons or conditions a person can marry more than one wife -
(1) If wife is incapable to give birth or sterile and it’s has proved by the prescribed doctor then with consent of the wife the husband can marry another one wife.
(2) If wife in infected in an incurable disease then with the consent of wife.
(3) If wife is mentally abnormal or physically handicapped.
(4) If the wife immigrates or staying outsides or staying at the father’s house without any consent of husband nor any communications are made with her husband for a long period (at least 1 year) then a person can marry another wife.
(5) If wife is involved in adultery (chineli) and she is found guilty by Chakma social court and she is charged more than two times in same offence.
(c) It is mentioned here that, if two wives are still surviving a person cannot marry the third wife. Before marrying second wife the person have to obtain the permission from his first wife.
(d) The husband liable to respect both the wife’s equally and cannot harm the rights, if the person marriage second wife.
(e) The husband is liable to maintain all the wives children properly and property right should be equal.
From the long ago the men has no such prohibition to marry other than Chakma origin, but a women is not permitted to marry non Chakma person in the Society. But with the following rule and regulation exogamy shall be controlled.
(a) The Chakma Girl or lady may not be considered as Chakma if she marries with non Chakma person from the date of marriage
(b) If the girl or lady marries a person from non tribe origin, the Chakma society cannot be considered her as scheduled tribes from the date of marriage.
(c) According to the Chakma social custom if a girl or lady marries a non Chakma fellow then she cannot be claimed or demands any maternal or paternal property as survivor from the date of marriage.
(d) All willed of properties of a girl or lady shall be transferred to her parents, brothers, sisters or relatives from the date of marriage, if she marries other than Chakma origin.
(e) If that girl or lady or woman and husband both are interested to convert in to the Chakma society then the Chakma Samaj may consider by observing their behavior, nature and habits. In this regard they have to files a convert application before the concerned Ādām Panjāyet. It is to be noted that the applicants have to be produced an affidavit regarding conversion of title with the application.
(f) The girls or lady or woman from non Chakma origin is considered as Chakma If she marries with a Chakma person from the date of marriage. After the marriage the girl or lady or woman seems to be accepted by the society as she abides or will be abided by the social rule.
Section – 40: Court marriage-
(i) It is a practiced and authenticated by the government, it is never been accepted by the Chakma society and this type of such marriage has not much entered in Chakma society indeed. It is not disobeyed, but not in the way of Chakma tradition, so this type marriage is considered as shy/coy marriage or unsocial marriage.
(ii) The Court marriage may not be accepted or recognized by the society and may be cancelled by following reasons –
(a) Marriage between gorbā kudum.
(b) If the marriage is not acceptable or permissible by any rule of this customary law.
(c) If any person hiding his/her real identity and decisive others using fake name for marriage.
(iii) If any marriage is cancelled for all the reasons then the couple is to be adjudged guilty under chineli or sexual offence or coquetry. Then a sue motto trial can be started against them.
(iv) If the Court marriage is being accepted by the Society rather the couple has to perform the Chumulong ritual immediately.
Section – 41: Dhei Jānā (Elopement marriage).
When boy and girl are enchanted in amour, if the guardians of either sides or any one side are dissent for marriage then boy and girl elopes from house to get marry. It is called ‘Dhei Jānā’. By finding out themeselve and making accused under the sexual offence both the boy and girl are leaves to hand over to their guardians. If they elopes successively for thrice and every times they accepts their guilty before the Social Court, then in spite of guardians dissent the society persons gives their consent for solemnize the marriage if they are in same lineage.
Section – 42: Bo’ udonā – (Voluntarily becoming wife to a person’s house)
(i) When boy and girl are enchanted in amour, if the guardians of either sides or any one side are dissents for marriage or in such cases, without knowing the guardians suddenly the young girl goes to the amorist house and express for shelter by becoming wife of amorist, it is called as Bo’ udonā.
(ii) When this type of incident is occurred the guardians of the young boy’s pray’s for solution before the Ādām Panjāyet and an initiative is taken to solve the problem.
(iii) It is also noted that if love is one sided, only in order to marry the young boy the girl commits Bo’ udona, if the girl fails to prove that they have a continuing amour and the boy rejects to marry, then the girl is made guilty by the social court and the girl is liable to pay lajobhār and she is handed over to her guardians.
Section – 43: Rāni miley melā (Widow Marriage)
From the ages the systems of widow marriage have been prevalent in the Chakma society. The prevalent custom is not required in a Rāni miley melā. With the simple Chumulong ritual the Rāni Miley Melā may be settled.
Section – 44: Ghar Jāmei/Jāmei udonā (A man who lives in his father in law’s family at the latter’s cost)
It is a socially accepted and recognized marriage of the Chakma society. Generally: due to lack of sons or deserving guardian or financial incapability of the groom’s caused of Ghor Jamei marriage. But the brides cannot demands anything in the Ghor Jāmei marriage.
Section – 45: marriage related other rules.
(i) Chumulong or marriage cannot be performed at any religious Institute or temple.
(ii) Jadan Nama (Marriage Certificate): In every socially recognized marriage the newlywed’s couple has to be obtained their Jadan Nāmā (Marriage Certificate) from the concerned Ādām Panjāyet.
(iii) The marriage records should be maintained by the concerned Ādām Panjāyet and if necessity the Ādām Panjāyets are liable to send the details marriage report to the Authority under Chakma Rejyo Parishod.
(iv) Particular marriage costumes are used by the Bride and groom during perform of the marriage ritual, which are –
(a) Groom’s costume – Dhooti (a loin-cloth for men) or Paijama (Slacks), Punjabi (a kind of loose shirt) and Hobong (Turban),
(b) Bride’s costume –Rāngā Khādi (Red colour a kind of designed cloths worn across the chest by the chakma women), Kālā Pinon (black colour a kind of designed cloth worn down the waist till the ankle by the chakma women), Hobong (Turban), Sāj kāpor (a sheet of designed cloth worn over the body) if necessary Uroni (Lady’s gauze scurf) can be used and the necessary ornaments. The ornaments may not be permitted to use other than Chakma tradition.
(c) Sāmālā – Dhooti or Paijama, Punjabi and Hobong.
CHAPTER – VII
SOCIAL MANNERS AND CUSTOM OR CUSTOM PREVENTIVE OTHER RULES
Section – 46: Ghor Chumulong/Chumulāng (Marriage Anniversary)
Despite Chumulong worship in the marriage, some family performs the anniversary Chumulong (Marriage Anniversary) in each following year. This ritual is known as Ghor ‘Chumulong’. As per financial capability of the family the community oldest person’s are gifted cloths and takes blessing by the family.
Section – 47: Dudhuli Tengā (Price of milk feed)
Dudhuli tengā is one of the most important demands by the bride’s party which is is given to bride’s mother for gratification after finilized of the marriage. The meaning of giving this money is that, from the womb a child is carefully nourished and growth up by her mother and breast milk also given to her. Although the contribution of a mother for grow up her child cannot be pay back by paying this money, despite it is paid for giving honour to the mother’s and it’s mandatory in Chakma Society.
Section – 48: Shigolee (price of blessing,)
After having feast the invited guests blessing the newlyweds and pays some cash as gifts. .This gifts are called as Shigolee in Chakma language. There is no any specified rule for paying Shigolee, but contesting for paying Shigolee is strictly prohibited. The guest pays Shigolee as per the financial capability is recognized in the Chakma society. Despite this ritual nowadays some Chakma person does not follow it. While inviting the guest the bride grooms family forbade them not to pay Shigolee but to pronounce blessing to the newlyweds. But still the system is prevalent in the society.
Section – 49: Budhbāschya Mile Puh (Wednesday born female child)
On Wednesday born girl may not allow to leave her father’s home toward groom’s house on marriage day. The newlyweds are bound to spend at least one night in the bride father’s house.
Section – 50: Beni Ghar (A lying-in-room)
As per the Chakma social custom the pregnant women may not allowed to give birth of a child except her husband or parent’s house. But for any other reason if the pregnant woman compelled to give birth of a child then a Beni Ghar (a lying-room)/hut is made for delivery. In that hut pregnant woman gives birth of a child. If any virgin girl becomes pregnant a Beni Ghor (a lying-room)/hut is also made for delivery of a child.
Section – 51: Bhāt majā Denā (delicious food giving to new born mother)
After delivery of a child the neighbors and close relatives brings as per their capacity some delicious food, sweet rice, different type of dishes for the new born mother. These types of foods help the mother to immediately restore her health. The women folk personally visit the new born.
Section no – 52: DharmoTengā or Bolā-bol (Financial help for funeral)-
If anybody dies, the Sāt Dinney has to be completed within a period of 7 (seven) days. But some person’s who are incapable to complete the Sāt Dinney within the stipulated period due to financial problem, then the villagers takes responsibility to complete the Sāt Dinney and provides help like rice, money etc. as per prescribed capacity. In contemporary period the system is prevalent to balance equally to the rich and poor also. The rich person may not be dissented to accept the helps as provided by the society persons.
Section – 53: Phee-bolā (ill-fated)
Phee bolā means ill-fated and there are so many Phee-bolas is in the Chakma society. The Phee-bola expiates or can escape from Phi-bola by performing of Burpārā rituals, otherwise ill fate shall befall on the family. Some phee-bolas are mentioned below-
(a) Gui morā phee, Bāndor morā phee, Door morā phee etc. – If in any decided Jum or on the place of house contruction is found Gui morā, Bāndor morā, Door morā the Chakmas consider it to bad sign and believe ill fate will befall on that family and it is a sign of impending misfortune, so that the family persons have to be retreated from that place immediately. After retreating from that place the family members have to purify themselves by performing of Bur pārā ritual. Otherwise the ill fate shall befall upon them.
Section – 54: Bur pārā (purification)
Burpārā is a purification ritual. At the beginning of a new year all the family members performs this Burpārā. But for overcoming all type of fārā dajā (dangers) the Burpārā is being performed when the elder person of the family isdied, someone is died on house breaking down, dwelling house burnt down, person in same clan is got injured or death by tiger. The newly married couple has to perform Burpārā after Byā-sud bhāngā and the new bride is included in her husband clan by performing of Burpārā.
Section – 55: Mangal sutra listen (welfare discourse listen)
At the beginning of a new year a Bhānte or more than one are invited at the home and in the presence of all the family members and relatives the mangal sutra(welfare discourse listen)is performed by the Bhānte’s in order to save themselves from the evil spirits or specters. Moreover after death of any family member or after coming of new bride or if any sign of ill fate is visible then the mangal sutra listening is organized by the family.
Section – 56: Sāgā Denā (Marking)
Marking on any uncultivated khas land for jum or other cultivation by making and putting multiple mark bamboo canes is called Sāgā in Chakma language. On the Sāgā land nobody shall cultivates except Sāgā making person. Sometimes Sāgā is used to construction of dwelling house. If any person makes re sāgā on a Sāgā land then priority shall be given to the first person.
Section – 57: Fāng gorānā (Invitation/ introduction)
As per the Chakma social custom before starting any auspicious works the Fāng gorānā function is compulsory, e.g. for construction of a new house is Ghor fāng for starting Jum cultivation is jum fāng for collecting of new paddy is called dhān fāng etc. without fāng gorānā no auspicious work may not be started.
Section – 58: First child in the month of Bhādra-
If first child of a mother is born in the Bengali month of Bhādra it is sign of ill fate is coming, the infant child and mother are bonding tightly on a bamboo made vessel and floating on a hilly stream or on the river. After floating the vessel the wet-nurse ( some times previously appointed person) catch the floating vessel and the person bring the infant baby and the mother in his/her custody .Then father of the child’s buys his child and wife from the shelter given person. It is a common belief among the Chakmas if any child born in month of Bhadra the child enjoys supernatural power.
Section – 59: Māgh Beni (first child in the month of Magha)
If the first child of a mother is born in the Bengali month of Magha then the parents has to buy their child from Pādu Ajāh or foster mother. It is a belief of the Chakmas that if any child is born in the month of magh then the child survival chance is very less or the child may get premature death. But not only that it is also prevalent in the Society if any domestic animal gives birth of a kitten then the owner is Bound to buy that animal from the neighbor’s, otherwise that animal cannot grow up nicely.
Section – 60: Poi (intend for childs)
In tangchangyā society, different types of ‘Poi’ (Manos or intend) perform by parents to get a child. For male child Dhooti Poi and for female child Khadi Poi or kanfoda poi etc. if any parents express a desire to get Childs then after birth the Childs cannot wear Dhooti or Khadi until Poi ritual is performed.
In poi ritual a feast is prepared by the parents as per capability and served meat as per wish. The wish of meat eating is called as khasi Khānā (khasi eating).
After that the person with good dressing is brought before the guest for whom the Poi is performed. That poi keeping person salutes to the attended persons at a whole then considering own age the persons gives money on that Poi as blessing. Considering own age the attended guests has to give money on the poi. Next following persons cannot give money more than the first person is given. If any next following person gives money more than the first person then it is considered to dishonor of the first person.
Section – 61: Bhāt-dyā (offering food to death soul or ancestor worship)
Sometime the Sraddha ceremony of a death person is not possible to complete within the prescribed time due to financial incapability of the family, then the family extends funeral period. When financial condition becomes stable then the Sraddha ceremony is performed for the death soul which is known as Bhāt-dyā. The Bhāt-dyā also may organize in the name of own clans death souls after 2-3 years or more lately time in spite of the scheduled religious rites. This kind of religious funeral function is organized in the name of many souls of ancestors also.
Section – 62: Gutti bhāt (offering to ancestors)
In specified Gutti or clan a pedigree is prepared for at least three to seven generations including the name of different sub clan’s ancestors. In this ritual the host clan’s relative’s concentrates on the place to offering Gutti bhāt under the supervision and guidance by a Luri (Priest of Buddhist Tantrism), a duplicate graveyard is made in the name of the dead souls. An offering is made as Adārā (A dish with various food items) to the ancestors. After that the luri (priest) started chanting hymns from Agartārā and invites the dead souls .If any person faint on that place then Luri starts reading the names of ancestors from the pedigree. If any person fainted after hearing of any ancestors name then it is considered that the death soul reincarnated in this person. So an attempt starts to satisfy and fulfill the wishes of the fainted person. Sometimes domestic animals also faints and fell on the ground and after offering the adārā immediately that animal dies and freed from that animal birth.
Section – 63: Māleiyā (voluntary helper)
To complete the increasing and pending works on cultivation or others and it is need to be completed in due time, then the head of the family invites the neighbor’s by declaring a māleiyā function and seeks help from the neighbors and after the declarations of māleiyā function the neighbors comes to help the person to complete the left work accepting. It is mentionable that, the head of the family organizes a grand feast for the māleiyā or voluntary helper after the completion of the pending works.
Section – 64: Bālā Dhārānā and Bālā sujonā (exchange of mandays)
For agricultural purpose or other works if any person takes help from others known as Bālā Dhārānā and any other day if the help taken person helps the said neighbor is called Bālā sujonā. For exchanging mandays is called bālā dhārā dhāri.
Section – 65: Bizu
The Chakmas national festival is Bizu. Every year the last two days of a Bengali year and first day of the Bengali New year is celebrated Bizu. These three days celebration of the Bizu which first day known as Phool Bizu second day known as Mul Bizu and the third and final day known as Gosche Posche Bizu. The people of the Chakma community are prepared various food items in every house and offered to the vistors of a house. Not only that, puja is organized for welfare of the all livings during Bizu. Nowadays every year the State Level Bizu Mela has been organized in Tripura, which became a symbol of communal harmony for the nation.
Section – 66: Āhl Pāloni (restrain from cultivation)
Āhl Pāloni means not to cultivate or restrain from cultivating. In Buddhist ancient text, during the period of Goutam Budhha the Shakyas used to celebrate the cultivation festival very gorgeously which is now celebrated by the Chakma people as Āhl Pāloni festival. The Āhl Pāloni is celebrated in the first week of the month of Ashada (Bengali calendar) on the same day of Mul Bizu was celebrated. On the said Āhl Pāloni the Chakma person restrains themselves from cultivation, not only that the Chakma person never digs anything on that land. Because, it is a belief of the Chakmas that on Āhl Pāloni day the earth caught natural menstrual, so diging on earth shall bring misfortune. On the same day offering of rice is given to Mā-lakkhimā and syong also given to lord Budhha by collecting produced herbs and vegetables from Jum. No Chakma person can eat any type of vegetable from the jum until the completion of the Āhl Pāloni festival, not eating of this vegetable is called Jumo Nijhi. The Chakmas considered Āhl Pāloni is second Bizu. Every year the Āhl Pāloni festival is celebrated like Bizu festival.
Section – 67: Thāmānā (the worship of place Deities.)
It is a worship of the land deity and worship for welfare of the villagers. Person’s representation from each society or taking lots of villager’s organizes this worship. This worship is organized for foster, prosperity and protection of the villagers from natural calamity; famine etc. 33 nos. natural deities are worshiped in this Thānmānā. But nowadays this ritual is less practice in the society.
Section – 68: Bhāt-jorā (lump of rice)
It is an ash mixed rice in banana leafs. The Bhāt-jorā is offered to the Mā Ganga and placed it in a river or a stream. The placing Bhāt-jorā in a river or stream is the first step of the treatment if a person fell in sickness or any incurable disease.
It is a belief among the chakmas offering Bhāt-jorā in the name of Ma Ganga is very helpful to remove disease from the body like stream water and the patient recovers soon.
Section – 69: Sājoh Huroh (twilight cock)
In order to save from fatal diseases and evil spirits, a cock or roaster is sacrificed at twilight. But nowadays this worship is less in the society.
Section – 70: Ehdā juronā and Ehdā dāgi denā (sense less down and sense calling)
(i) Ehdā jurona (senseless down)-
Limit less trauma or fear is called Ehdā juronā in Chakma language. Abnormal behaviors are noticed if any person got Ehdā juronā by fearing and the person is always fearful. He/She cannot stay alone. Generally a child gets Ehdā juronā.
(b) Ehdā dāgi denā (sense calling)
After performing Ehdā dāgi denā ritual that person becomes normal. The method of Ehdā dāgi denā is – with the help of unspoiled rice and water different types of traditional rice cake are made. An Ehdā Adārā or Ehdā poi (food dish) is prepared with the made rice cake and untouched food. In that Adārā poi one rupee coin and one boiled egg are placed. After that Adārā or Ehdā poi is given to the person who has got Ehdā Juronā and by playing ‘Surah soh’ (a type of folk musical instrument made with calabash) and chanting mantras the Ehdā is called. If then the trauma affected person reacts by first touching rice cake, rupee or egg that can prove the person got Ehdā return.
(c) As per Chakma customary law, if any person gets Ehdā jurona by frighten other person then the frighten person has to bear all the expenses of Ehdā denā.
Section – 71: Some of social belief.
(1) In the court yard or if any dry bamboo is hanging or connecting on the roof for drying clothes it is very unfortunate to move under that hanging dry bamboo.
(2) After taking bath it is bad to wash feet with wet cloth.
(3) While coming out from the house lag hanging and leg pressing is not good in nature.
(4) After sweeping house the broom must not thrashing on the door.
(5) Women cannot comb or make up sitting on the door. If any woman does like that then she is considered as bad girl or ill ominous.
(6) By pulling the hemp from the roof of the house or removing the canes from fencing for burning is strictly prohibited
(7) While walking feet touching or producing sounds dum dum is bad sign.
(8) While taking food the rice plate shall not be under the leg.
(9) Burned wooden pillar cannot be used again while constructing new house again.
(10) House construction is prohibited on kizing, on the head of stream, near Āhjā (a place where always salty water is coming out), Nel chumo gāt (water passing natural cave) on the abandoned place of Buddhist temple, on graveyard, on the place of where mad dog was buried, on the place of Deo dulan( spirits hammock), on the fairy place .
(11) If any domestic hen lay soft eggs that is ill fate. Without anybody knowledge the hen is killed and to have feast.
(12) If any hawk, owl, crow sit on the roof of the house its ill fate.
(13) It is prohibited to ease oneself (latrine) or pissing on the river or streams.
(14) Others roofs water cannot fell on the roof of another are ill fate.
(15) While going out of the house if the person sees any open haired women or empty pitcher is considered as Ojātrā (an ill omen for a journey).
(16) Dog lifts on roof is considered as ill fate.
(17) Not to hurt anybody even enemy while eating.
(18) After getting up in the morning without washing hand and brush if any women touch food items then that woman are considered as ill ominous.
(19) The fire of oven cannot pass to anybody more than once in a day.
(20) While eating food forefinger pointing, hanging the tongue, producing sound and opening the lag is a bad nature person and his pain is everlasting.
(21) While taking food criticizing of any person is strictly prohibited it creates sin in mind.
(22) The male person must become Chāmini/monjheng at least once in his whole life, otherwise cremation is contrary to social rule after death.
(23) If any crow, hawk or any flying birds stool fell down on any person then without taking bath the person cannot enter in his house directly.
(24) The married women whose husband is still alive cannot wash their head after midday, by doing so ill fate may create for her husband.
(25) After putting filled water pitcher on waist if it suddenly drops down and breaks it is a sign of ill fate. After taking dub bath the women can enter in her house and she may free from the dangers and difficulties.
Section – 72: Humwh (taboo)
According to the folk belief of the Chakmas some works are bad and destructive, more over some specified things cannot be done by the clan or sub clan, which invites loss for doing so, that special forbidden things are called ‘Humwh’ in Chakma language. These are following-
(i) Making three ovens in a queue manner or at once in the Olonshāl is considered as Humwh. No person can make three ovens side by side. If any family does not follow this Humwh the family will face lot of different losses.
(ii) Making of Kulo (rice sewing dish made by bamboo) is Humwh in the Kambey gojā and Kangsuri gutti. If a person from these gojā or gutti carrying a bamboo and then a person ask is it the bamboo for making kulo? Then the person has to leave that bamboo there, the bamboo carrying person cannot ask why the fellow asked also. If anybody crosses this rule he or she must be faced enormous loss.
(iii) The people of Nāduktuk of Borboa gojā and kāngsuri gutti cannot sow pumpkin seed. If any person violates this rule he or she dies by tiger attack.
(iv) Eating and bringing of Bor Pujok (a traditional Chakma herb) by the persons of Bungah gojā and Baghoh gojā is Humwh.
(v) Black colored vegetables e.g. black colored paddy, Ehra kuju etc. cannot cultivate by the people belonging to Lokchor/Lochchor gojās bongja /Wangza gutti.
(vi) Marriage cannot be performed between the bride of Dhamei/Dhamai gojā and the groom of Ruyasira gutti of Chando Gojā. Husband or wife can get die if anybody violates this rule.
(vii) Marriage cannot perform between Tobah gutti and Bengoh gutti. Tabāh ghutti or bengah ghutti people cannot marry. If anybody violates this rule and solemnize marriage then Beng gutti people must die, because Tobah means a type venom snake and Beng means frog, so snake and frog cannot stay together.
(viii) To put Phibek (a wooden pillar for protecting house from wind) in front of the house by the people of Dhammuya gutti of Tonyā gojā is Humwh.
(ix) There are lots of guttis who cannot construct house by facing north, south, east and west direction.
Section – 73: Socio-traditional prohibition and forbidden.
Traditionally the people of Chakma community are Buddhist also they show deep homage towards nature. Once upon a time Jum cultivation was the main source of livelihood. For earning livelihood they changes habitation one place to another. They used to see the source of drinking water, natural position and practiced lot of rituals while retreating once place to another. Some of given below.-
Below the foothill situated low, plain and narrow and wet land is called Āhjā. Jum cultivation, to dwelling or colonize in any hillock nearby Āhjā befalls misfortune. Hunting in Āhjā is also harmful. Not only that eases oneself or piss or spit on the Āhjā is also cause of leprosy, Ringworm and other fatal skin diseases, it is a common belief of the Chakma society.
(ii) Deo dhulon-(hammock of the evil spirits).
In Chakma language deo dhulon means is the hammock or cradle of the ghosts or evil spirits. the twigs two trees bowing and touching towards each other in a parallel queue and jungles vines hanging from the trees formed a shape which like bow is called ‘Deo dhulon’. Generally in a Gorge side by side standing trees offset made a shape like hammock or cradle is the real Deo dhulon. Jum cultivation and dwelling or colonized on that hill is strictly prohibited.
(iii) Nelchumo-gāt (water passing natural drain)
Nelchumo-gāt is a hole or drain in plain land or any hill depth going deep into the earth. The rain water is enters through opening and exists through the out fall of the hole and that water mixes with river or stream. The Chakmas not cultivates or colonizes/dwells at the land or hillock nearby Nelchumo-gāt. They believe that the people can be effected by famine, natural calamities or destroy every one if they use to cultivates or colonizes/dwells in that land.
(iv) Munuschoro āhruk( a shape of human body)-
On the top of hills sometime there are a portion of land shape is look like a lying human being on that land the Chakmas do not cultivate or dwell. If they cultivate or colonize/dwell on that land then any family member may got die.
(v) Ek mosche videy (place like iland)
If any hill is surrounded by a stream in three or four directions or a narrow Gorge are called ‘Ek mosche videy’ in chakma language. If anybody cultivates on the land than the head of the family must dies so nobody cultivate or stay on that hill.
(vi) Leja Samuga bansh (Top snail bamboo)
The Chakmas do not cultivates on the places in where a bamboo is seen like a shape of long snail. According to the folk belief it is a sign of thunder.
(vii) Pāh (oven) –
Pāh means the oven. If three hills are standing in triangle position keeping in short distance from each other, in the same parallel plain, side by side, and naturally formed the land position like oven is called Pāh. If anybody cultivates on the land than the member of the family must dies so nobody cultivate on that land.
Before construction of a house it is also seen to not form of Pāh to avoid the deleterious effect.
(viii) Pākkon āhruk (triangular shape of land)
If any valley or hillocks shape is look like triangle, Jum cultivation are prohibited on that valley or hillock. Because on that land evil spirits are residing and the evil spirits can do harm of the Jum cultivators.
(ix) Pāgol/phārāngibolā gareye jāgā (mad leprosy buried place)
According to Chakma custom the natural dead persons are burned. But they bury the body of mad and leprosy patients. It is ominous to Jum cultivates and colonizes in there the mad and leprosy bodies are buried.
(x) Puri Kholā (fairy place)-
In Chakma language the fairy place is called Puri Khalā. The Chakmas believes, the fairies lives like human being by establishing of Ādām. So the fairies become very angry and try to destroy the humans if Jum cultivates and colonizes at the fairy place. The fairies send messages via dream to leave the place and at night through various disturbances they sign and whisper to leave the place. After giving signals even people staying on the place then they suffer in incurable unknown diseases. So cultivation and colonized is prohibited on the fairy place.
(xi ) Vār-buwh( misbalanced/weighted )-
Younger brother cannot construct house in between the house of two elder brothers who is in blood relation. The same is also applicable to the elder brother. If any person violets this ritual and construct house in between the house of two elder or younger brother then it is considered as ‘Vār-buwh’ and any one of both families always may suffer from incurable diseases and it may be caused of death. Not only that, while allotment of bedrooms it is strictly follows.
(xii) Bor Nijesh pore (Long breath befall)
The younger cannot constructs house in front of the own clan older/elders. If any person breaks this rule and construct house in front of the own clans older/elders then the older/elder Bor NIjesh (long breath) falls upon the youngest and misfortune comes to younger’s family.
(xiii) Gonga nijesh pore (the breath of the river befall)
On the river turning or streams turning Chakmas do not construct house. If anybody constructs house on the river turning or streams turning then Ganga Nijesh shall fall upon of the family and misfortune shall befall on them.
CHAPTER – VIII
CHINELI OR COQUETRY OR SEXUAL OFFENCES
Section – 74: The trial system of Void marriage and chineli or sexual offence.
(1) The persons are imposes who are makes preparations of void marriage such as, helper and the parents or guardians of the void bride and groom respectively.
(2) The Ajāh or priest of the void marriage is imposed penalty.
(3) If any allegation on illegal affairs or sexual relation is proved before the Social Court against married woman/unmarried woman with married/unmarried man then the Social court imposes punishment to them by exercise of provision of Chineli offence. The unmarried persons are imposed by light punishment than the married persons on same offences.
(4) If any person (male or female) announces ill-repute against another persons (man or woman), yet fails to prove it then the person are liable to pay Lājabhār and the Social Court imposed punishment upon the person who has announced ill-repute.
(5) If any unmarried/virgin girl or widow woman becomes pregnant the trial shall be processed by exercise under provisions of adultery, and the involved man and woman both are impose punishment.
(6) If the pregnant women is fails to find out the person responsible for her pregnancy then the woman herself is made guilty.
(7) If a woman alleged a person for illegal pregnancy and she fails to prove it then the woman has to pay lājabhār to the person, she also imposed penalty as per provision of adultery.
(8) The elopement period shall be considered as adultery and punishment may be imposed as per customary law.
(9) Despite the girl attained in the age of majority elopement marriage cannot be solemnized if the girl’s father is dissented, then the girl’s is handed over to her father by the society. But if the lovers elope again for third times then the social court permit those to get marry, if they are not fell under gorba kudum relation.
(10) If the elopes couple are not in garbā kudum then with the permission of the girl’s father the marriage can be solemnized.
(11) Marriage cannot be solemnized if the relationship is under a garbā kudum of the eloped couple.
(12) If illegitimate son/daughter got shelter under the Society, then nobody can say him/her bastard.
(13) If any child is born by copulation between gorbā kudum during elopement period or while in trial period, the mother had custody of the child till set up their separation by the Social Court.
(14) If more than one person commits copulates with a single woman then all persons may be imposed punishment equally including the woman as per provision of customary law.
(15) The Social Court imposes punishment on those persons who are in offensive behavior with the gorba kudum.
(16) The elopement helper (male or female) is given punishment by the Social Court.
(17) Divorce couple wife and husband cannot live together until they complete the chumulong or remarriage. Otherwise they will be offended by the provision of customary law.
(18) Touching of the nephew’s wife, daughter- in-law, younger brother’s wife and wife’s elder sister is socially prohibited. Hurt is so far away, if any person commits the said offence then the social court shall impose fine money on the accused. Not only is that, observing the gravity of offence the accused person may set guilty under the provision of adultery.
(19) If any married person (having wife and children) and any married woman (having Husband) elopes or involve in an illicit relationship that is a serious offence under the customary law. Punishment may be imposed on them equally.
(20) Commiting sexual relation by giving warning or blackmailing is considered as criminal offence. In such cases the Social court shall be pronounced punishment as per gravity of the offence.
(21) Marriage with same person or other person may not be solemnized until the disposal of the chineli trial.
(22) If a woman become pregnant by any way of kidnapping, eloping, adultery or other way and marriage is not solemnized with the alleged person then the alleged person is bound to provides maintenance for mother whole life or until marriage and for child (if Male until attaining the age of 18 years if female until marriage) including all expenditure of pregnancy period.
(23) Mutual sex relation cannot be turned into rape.
(23) The adultery between the Chakma girls/women and non Chakma boys/man shall be treated as serious Chineli offence and capital punishment may pronounce in the Social Court.
CHAPTER – IX
CHARACHARI OR SUR KAGOJ (DIVORCE OR DIVORCE PAPER)
Section – 75: Charachari or Sur kagoj – The breakup of relationship between husband and wife is called Chara-chari or Sur Kagoj dena (Divorce). According to the society authentication and law regulation the below causes are responsible for breaking up the married life.
(i) If the husband and wife voluntarily dereliction each other and bad behaviors towards each other.
(ii) Husband or wife involves in adultery more than two times and it proved before the Social Court.
(iii) Always mentally or physically torturing by husband or wife.
(iv) If husband or wife is religion converted.
(v) If husband of wife staying outside without information within a period of 12 months.
(vi) If husband and wife by informing stayed separately, prior the prescribed times or period there after no communication is made between them within 12 months of a period.
(vii) If husband is incapable to having sex or infertile or if wife is incapable to having sex or infertile, in this way husband or wife can file petition for divorce with evidence before the social court.
(viii) If husband or wife is convicted for life imprisonment in any court.
(ix) If husband or wife becomes permanent monk or sadhuma.
(x) If husband and wife are cruel, suspicion and drunker than other side can apply for divorce.
(xi) If husband fails to maintain his wife or deprives from the legal right as wife.
(xii) If husband or wife are disinterest and irresponsible or uncontrollable and unfaithful to maintain family.
( xiii) If wife dissent or expressed incapable to look after her husbands parents.
(xiv) If husband or wife dissent or expressed incapable or disagreed to look after his/her minor step son/daughter.
(xv) If the divorce is caused by wife’s character degraded then divorcee wife shall not get any share from husband’s property and husband is not liable to pay any type of maintenance.
Section – 76: Rights of children and property in matter of divorce.
(i) If wife is responsible for divorce, then priority given to the husband for distribution of children. But final decision shall be given by the Panjāyet or Social Court
(ii) If husband is responsible for divorce, then priority given to the wife for distribution of children. But final decision shall be given by the Panjāyet or Social Court.
(iii) If divorce is done with the mutual consent of husband and wife the distribution of the children shall be based on the consents of the child who has attainted 7 years old. After verifying the matter final decision shall be given by the Panjāyet court. It is mentionable that, nobody can influence the children to bring an allurement.
(iv) The responsibility for distribution of below 7 years old children shall be on the concerned Panjāyet. It is noted that if the mother had given custody of the child till attaining age of 7 years and husband is incapable to maintan child then the right of that child automatically goes to the mother.
(v) If wife is found guilty for divorce wife cannot demand any type of property, her rights is only on the goods which she brought from her father’s home. All that goods shall be handed over to her guardian by an appointed delegate and the Panjāyet and her father must be informed.
(vi) If husband is found guilty then wife shall get 30% of total property. Moreover the children of wife shall get a share of the property as per the succession rule.
(vii) After setting divorce if the wife marries with other person then the property right of the previous husband shall be cancelled.
CHAPTER – X
Section – 77: Funeral rites
(1) A coin is put into the mouth of the dead person if any Chakma person is died. The coin is called the Ghāt pār ohni tengā or Muhtāngā. There after relatives or neighbors blast bomb or blank fire of a gun to honour or to say good bye. The Ādāmyā/Pārālyā comes and the dead body placed to the Sāmreng ghor (traditional coffin) in order to visualize for relatives. If a family member of the deceased is abroad or necessity to waiting for relatives than the body is preserved for two-three days until the person can pay his/her last homage to the deceased and at times religious song like Buddha Keerton is sung. It is mentionable here that, at least one person (male or female) from each family of the Ādām should attend in the cremation and help should provide till completion of the obsequies or Sraddha ceremony.
(2) Ālchye – The Ālchey is kept burning in front of the deceased house or in every houses of the Ādām if any Chakma person is died. By doing so the Aalchey protects from the disturbance of evil spirits.
(3) Before taking the dead body in the graveyard the Bhāntes are invited. Keeping the dead body in front of everyone the panchashilas and the discourse are chanted by the monk. After that the dead body shifted from Sāmmeng ghor to the Ālong ghor which is lying outside followed by the Morā jedā fāork gorānā (separation of dead and alive) ritual is performed.
(4) Morā jedā fārok gorānā –After vowing to the dead person, the dead persons little finger ties seven string of thread and other side tied that in the lag of a chick following by the family members of the dead person and holding this thread by the Ajāh, who is performing the ritual or other person surround the thread one maadi cheng (earthen bit) and seek permission from the attended crowd that morā jedā fāork goribār ugum āghe ni nei ( are separation of dead and living is allowed or not) if they shout as āghe āghe(yes,yes) then by cutting the seven stirring thread at once the small hen and the family members of the dead person are separated.
(5)Morā lāmānā – There is no rule to carry the dead body toward graveyard before midday. At the time of taking dead body toward graveyard bamboo fencing or bamboo wall of the house has to be opened. While taking dead body toward graveyard side by side the Buddhist song is sung by the crowds and a person throwing khoi (puffed rice) to the back side of the dead body. When they starts of taking the dead body toward the graveyard all the waters and ashes from the oven are thrown out from the home and the house is washed and labeled.
(6) Gādi Tānā – If any aristocrat or famous or rich person is dies than the relatives and Ādāmyā takes initiative to Gādi tānā (traditional chariot). In this case, the dead body is preserved in a wooden made box by mixing of different type of herbal medicine and kept hanging on a tree for preparation of Gādi tānā. After completion of preparation the date of Gādi tānā is finalized thereafter cremation is completed with much pomp and grandeur. For general public the Gadi tana is performed by making simple rādhā ghar or chariot.
(7) Rubokur – (a) The Rubokur means the pyre is made at graveyard. The pyre is made with the six nos. Kung gach by crosswise plinth three Kung gach each in two lines and the pyre is made, by keeping firewood in tiers for male five tiers and for female seven tiers respectively. But it is prohibited to knot bamboo cane after tying the Rubokur.
(b) While forming a Rubokur the head of the male must be laying east side direction and for female is west side direction. But in some regions male and female head are kept pointing to north direction.
(c) It is compulsory to round the Rubokur for male five times and for female seven times before placing dead body on the pyre and after completion of rounds the dead body takes places on the pyre along with Along ghor. It is noted that, the Chandokani is set straightway above the chest of the dead body. After that a person washes the hand of the corpse and put handful rice into the mouth and washes the teeth with Dāt vindeni keim and finally combs the head of the corpse after pouring oil.
(8)Sādāng dharānā – (a) After placing the dead body on the pyre and completion of all rituals the relatives of the deceased prays for the welfare of the dead soul and vows to not eat non vegetable items or not take any food after midday until the completion of the Sāt dinye ceremony.
(b) Sometimes after getting information regarding death the relatives of the deceased living abroad vows to eat only vegetable items or they will not take any food after midday until the completion of the seven days ritual for the welfare of dead soul.
(9) Banduk Sālāmi – If king and any famous person are died, for honoring him/her blank fire is done by a gun. So, keeping gun with the recognized Kārbāris is the prevalent custom of the Chakma society.
(10) As per the Chakma customary law, the family members of the deceased will set fire first on the pyre and following the attended are sets fire. According to customary law one who shall set fire first is -
(i) If the dead person is father or mother than the elder son.
(ii) If the dead person is husband than wife is first or if the dead person is wife than husband is first.
(iii) If the dead person is son or daughter then the parents.
(iv) If the dead person is brother than the elder brother or younger brother if parent are not alive.
(v) If there is brother less, parent less, husband and wifeless than one person from the same clan.
(11) Gārānā (burry) – According to Chakma social custom some corpse is buried in lieu of cremation for example corpse of leprosy, corpse of leucoderma or cholera corpse or chicken fox corpse and the corpse of the Bhāt no dhoschey guro.
(i) If decision is taken to bury the corpse the Bhānte are also invited for performs all rituals as cremation and dead body is buried.
(ii) One funduri chumo (bambo made puff) is placed on the chest of the corpse. After burying the corpse Chidekems are putted on the burial place, five pair’s chidekeim for male and seven pair’s chidekem for female corpse also.
(12) Cremation or burring on Wednesday is prohibited.
(13) After performing the last rites of the corpse the family’s members are bound to have tidey ton. It s a common belief that after tidey to no evil spirit can touch the person who has participated in the last cremation.
(14) Certain and specific clan or gozā or sub clan or gutti are bound to cook Kānjābā Bhāt in the late evening of the day of last rites.
(15) Chideyshāl Ban (bonding of the graveyard) – After performing the last rites on next following day, the graveyard must be cleaned. Bringing water from side by river or stream very carefully they brought water pouring on the graveyard in such a way where water and the vapor of ashes shall not come to touch the cleaning person. If the vapor touches the body of any person than it’s consider very ill fate for that person. After that the graveyard is designed and decorated nicely with Chidey keim and different types of herb and seed are being planted on the graveyard, e.g. bamboo plant, flower plant. Than different type of food items, boiled egg, boiled jungle potato, fruits are offered to the dead soul, following candle and incense sticks burning, the dead persons son or husband or any close relative invites the dead soul to wait for seven days for till observation of Sāt dinnye and the graveyard is confining or bonding with a bamboo. It is a common belief that the dead soul stays in the graveyard by eating of offered foods.
(16) Āhr vājā ( bone deposits in to the water) – While cleaning the grave yard some bones are collected and putting the bones in a mud pot and covers its opening with a piece of white cloth, the son of the dead person floats bones immersing into water and handovers all wearing apparel of his body, then forwards his the right hand to another person form water and any elder person from his clan ties small finger with a thread and pulls him up. After shaving own head the son is bound to return to his house without turning around.
(17) Chidey Bātteynā – Just before one day of Sraddha ceremony the grave confined person has to visit graveyard at the night to open the confinement or bonding and invites the dead soul to wait till midday of the next following day. While inviting the person pronounce “ejette Kelle dibusche teen pohr song basches, dukhkhe maneyor juronot jiyen aghe siyendoi tore adārā gojemmi``(Please wait for midday of the next following day being a painful person I shall bring the adārā poi as per capability). But the person cannot eat anything until the adārā poi is being offered to dead soul.
(18) Sāt dinney (Sraddha ceremony) – The ritual of Sāt dinney is performed on counting the day from the Āhr vājā with the help of relatives or neighbors. Sometimes if it’s not possible to complete within the seven days than they Sraddha ceremony can complete within 11 or 13 days. If within 13 days the Sraddha ceremony is also not possible complete than it can be extended on any following date by paying the Āgbārā poi. When possibility is seen to perform the ritual than the Sraddha ceremony has to complete. On the day of Chidey bāttenā the relatives of the dead person donate and release sky lamp and light candles. Same day the Buddhist kerton (religious ethics songs) also performed in the house of the dead person. According to the Chakmas social custom the Sāt dinney can be performed by following rules.
(i) By inviting of one or more than one Bhānte and taking of panchashilas and discourse of Bhānte can donate as per capability, like – (a) Osta poriskar dan (b) Sangha dan (c) Pindo dan etc.
(ii) The relatives of the deceased go to graveyard and offered Adārā poi to the dead soul after completion the prevalent rule of charity at home.
(iii) The relatives of the dead person flys `Tāngon` (a piece of white long cloth) in the name of dead soul and the graveyard is decorated with Forā tangon (the tangon design with various motif) and other different designed things.
(iv) A feast is also called by the family members for the relatives and neighbors.
(v) After prevalent rule of charity and feast on the day of Sāt dinney the family members have to purify by performing of Burpārā (also known as marābur) if the deceased person is older of the family.
(vi) Fodonā and Āhjār bātti (lighting of 1000 candle) are donates and released on the day of Sāt dinney or one day before of the Sāt dinney.
( vii) If possible, next following day Syong( offering to budhha or bushiest monk) is being donates to nearby Buddhist temple and Mangal sutra is being listened.
(viii) Some time the dead person’s son becomes Chāmini/monjheng for 7 or 9 days for welfare of the dead soul.
(19) Agbārā – According to prevalent custom of the Chakma community the Sāt dinney has to be completed within 7 days. If the Sāt dinney or Sraddha ceremony is not possible to complete within stipulated period than the relatives of the dead person goes to graveyard and pray the dead soul to extend time Sāt dinney or Sraddha ceremony by offering of Agbārā poi.
CHAPTER – XII
Section – 78: religious faith and social tradition.
(1) The Chakmas are traditionally Buddhist. So they believe in reincarnation and Kammafal (the result of an action). Despite the people of Chakma community are Buddhist by religion, they vows to natural power and believe existence of different deities and performs worship as per necessity. But after extension of education among the Chakmas the belief of existence of the deities and worship are slowly fading from the society. One Chakma fellow is by born Buddhist, if he is not converted to any other religion, leaving Buddhism in full sense and sound mind.
(2) But if any Chakma, who is residing in the state of Tripura and TTAAADC, converts to any other religion than he shall not considered as Chakma, he is forced to remain an outcast and an initiative may be taken to expel from the society.
(3) To follow religious behavior and order and protection of insulting religion is the right of every citizen. So for protecting religions insult or vowing to religion and for the welfare of the people the person have to follow, some rules.-
(i) To take step against the persons who are neglecting religion, if any person is found neglecting than other persons has to restrain that fellow from that work.
(ii) No person can insult Bhānte and the Shraman.
(iii) Buddha statue and religious sites cannot be polluted.
(iv) To restrain persons for doing any work in Buddha Purnima and in Bizu days.
(v) After drinking wine attending in funeral or religious discourse or sang Keerton is strictly prohibited.
(vi) In religious place or site dice playing, wine drinking, wine selling and animal killing and animal sacrificing is totally prohibited.
(vii) Each person has to be a Chāmini/monjheng at least once in his life and any female person has to follow Astashillas for three days in her life.
(viii) It is a duty of Dayaks to go the monastery in every Purnima, Kathin chibar dan, the notified religious days if possible daily.
(ix) Mangal Sutra discourse pragramme has to be arranged for welfare of the family at least once in every year.
(x) It is the responsibilities of the Dāyak’s have to provide help for constriction of Buddha Vihār.
(xi) After Self acquiring religious knowledge and then make other understand about religion is duty of every dayakas /followers.
(xii) Each Dāyaks are liable to offer Pālā Syong to the monks as per the direction of Dāyok Sangha / follower’s league.
CHAPTER – XI
Section – 79: Community land or society owned or possessed land
(a) cultivation- From the long ago there are two types of cultivation system prevalent among the Chakma community e.g. Gorja cultivation on low or plain land and Jum cultivation on hills. Gorja cultivation means without plough up on low or plain land, by natural way of irrigation (preservation of rain water, construction of dam on stream or river) ehl dahn (green paddy) cultivation. It is noted, the shakyas and koliyas used to cultivate this way. But some persons were involved with Jum cultivation also. Goutam Buddha’s father sudhho dhan had introduced plough cultivation system in his clan. But post Buddha period the retreated shakyas or the Chakmas came to Eastland and till now they followed the traditional system of cultivation. Still the Chakma society is following that cultivation system. Besides, the Jum cultivation on hill land is also prevalent in the society.
(b) Joint ownership of the land. – Both Jum cultivation and plough cultivation is under the joint ownership or the land right of all villagers. In ancient period, each Ādām is constituted with the people of same clan. If anybody cultivates on any uncultivated land in any forests O-olya land (virgin land) that land rights automatically goes to that person. The system of community land and land right was also in vogue before the British rule in India. But in the matter of jum cultivation the joint ownership system still in practice. The Chakmas of Tripura also follow the same system. But at the last period of Tripura king era, the king has imposed to ghar chukti kar (House hold tax) on individual ownership of plain land and allotment of land has started in Chakma society as per the government rules and regulations.
Section – 80: Right and control on Jum land.
(1) If any uncultivated khas land is selected by a person for jum cultivation or for producing of crops that selected lands right shall go to that person. If sāgā is found on any uncultivated land it means someone has selected the land for Jum or other cultivation. No person can harm his right. From the ages the Chakmas are following the traditional lands right system.
(2) Demarcation of the land has to be completed with putting Sāgā.
(3) If a person used the uncultivated khas land for production of crops then the person shall consider as owner.
(4) Rights may not be considered on sāgā marking land if not used for any purpose and next following year any person can cultivate by making sāgā. But before making Sāgā permission have to be obtained from the concerned Panjāyet.
(5) The sāgā marking land is considered as Panjāyet property if the land not used for any purpose by the sāgā making person. The land cannot be used or transferred without permission of the concerned Panjāyet.
Section – 81: Control and right on Ranney.
After Jum cultivation and collecting of crops the land remains as abandoned. The abandoned land is called Rānney in Chakma language. On Rānney there is no scope to cultivate within 3 – 4 years after Jum cultivation. The Rights on Rānney may control by following rules.
(i) Rights of the land shall go to the person who cultivated first.
(ii) Without permission of the Rānney owner no person can cultivate on that Rānney.
(iii) The Rānney can be used by the other person on mutual discussion, but rights of the Rānney may not be transferred.
(iv) If a person cultivates crops successively continuous three years after Jum cultivation than the land is considered as permanent property of said person.
(v) The abandoned Rānney is considered as property of the Chakma Samajik Panjāyet and without permission the land may not be used or transferred.
Section – 82: Control of land property.
Despite the overall rights on the land properties of the Chakmas in Tripura and under jurisdiction of Upajāti Jelā Parishad the land cannot be transferred or sales or donates without permission of the concerned Panjāyet. The lands can be controlled with following reasons –
(i) The lands of the Chakmas in Tripura and under Upajāti Jelā Parishad cannot be transferred or donates or sales or wills to any non tribal person.
(ii) Without permission of the concerned Ādām pachayet or Chakma Rejyo Parishod the transfer or sale of land is considered as illegal or void.
(iii) No land property can transfer or sell without permission of the concerned Chakma Ādām Panjāyet or Chakma Rejyo Parishod.
(iv) But base on the necessity of family maintenances, treatments, education purpose and sudden accidents than the concerned Panjāyet permits to sell or transfer the land property.
(v) The land shall regulate or use in such way for which his neighbors cannot be effected.
(vi) The neighbors of the seller have first priority to purchase land if any person decided to sell. (vii) The land cannot sell for targeting neighbors to misbehaviors or any unexpected illegal works.
(viii) If any person dies leaving behind land property than the land shall be distributed among the survivors as per the Chakma inheritance law.
Section – 83: Anonymous property
(i) The original owner of an anonymous property and by whose name the anonymous property was made, the property shall be considered as combined property until death or separation if they belongs one family, no one can be transferred without the consent of other person.
(ii) If any anonymous property is owned by a minor then until he/she attained at the age of 18 years the responsibility and right of that anonymous property shall be enjoyed by the guardian.
(iii) If a person used and cultivated on another person’s land continuously for a period at least 12 years and the original land owner did not complained or filed any case against the cultivated person than the land right may be considered in favour of cultivated person.
(iv) If any person dies leaving behind property than the land of deceased person shall be distributed as per inheritance law of traditional custom. If there is no survivor of the deceased person than the property shall considered as anonymous property and the property right shall be under Ādām Panjāyet automatically, later on which shall be utilized for welfare of the Society.
Section – 84: Property of the Chakma samajik Panjāyet and its rules & regulation.
(i) Under the Upajāti Jelā Parishad and state of Tripura all the Chakmas inhabitant Ādāms, the Buddhist temple or shrine, educational institution, the water source or resource, nearby Jum cultivable land, path, river or stream, drain or canal, trees, jungles etc are considered as property of the Ādām Panjāyet and as well as of the Tripura Rejyo Chakma Samajik Parishod.
(ii) It is every ones responsibility and duty to protect or preserve the property of the Ādām Panjāyet. It is necessary for everyone to be conscious for not to waste or misuse or wastage of the property.
(iii) Moreover, any person/trust can donates his/her individual property to the Ādām Panjāyet or Chakma Rejyo Parishod if he/she/them is desired. But no one is allowed to use or transfer the property of Chakma Ādām Panjāyet on individual work or for personal gain. All those property of the Chakma Ādām Panjāyet or Chakma Rejyo Parishod can be used for the welfare of the Society only. Such as-
(a) For construction of temple.
(b) For establishing educational institution.
(c) For construction of health centre.
(d) For producing of the crops and that crops for use of social welfare.
(e) For road construction.
INHERITANCE OR SUCCESSION OF PROPERTY
Section – 85: succession of property Inheritance
Property means immovable, movable, employee’s provident fund, pension and other financial benefits on retirement. As per the Chakma social custom, after death of the family head his/her family members are liable to perform funeral ritual. As per the Chakma Social custom the family members becomes inheritance of the deceased person by fulfill of funeral ritual for the spiritual salvation of dead soul.
(i) The movable or immovable properties of the deceased leaving at the time of death are considered as inheritance property. The immovable property of the deceased person is distributes and transfers by mutual discussion of the inheritances, and no any written or any dispersion of god is followed. Only the movable property is distributed as per law or dispersion of god.
(ii) As per the succession or inheritance rule of the Chakmas, the person who maintained the dead person while living and after the death set fire on pyre and on the next following day cleaned the tomb or graveyard and deposits bone into river is considered as deserving successor of the deceased person.
(iii) But, if the dead person has any other successors or children, than they shall not be neglected.
(iv) After paying all demands of funeral expenses, unpaid loan and transferred possession the residuary properties of a death person shall go to the survivors.
(v) As per the Chakma succession rule the below factors are responsible for which a person can be a successor or not of the left property-
(a) If any couple has no daughter than only the sons can be the valid successor.
(b) If any couple has no any son than daughters can be the valid successor.
(c) After distributing the property among the sons and daughters, if any property is left to the parents, the son or daughter who maintains the parents till death, the son or daughter gets the property of parents.
(d) If any person dies leaving movable and immovable property, than wife and sons shall get equal share and daughter shall get 30% of respective share of son or wife. If the daughter’s husband has no any property then daughter can be the equal owner of the property like a son.
(e) While distributing the property the pond and the main dwelling homestead house shall go to share of the sons. If any dispute is arises among the sons then the property shall be distributed as per the valuation of land or concerned Ādām Panjāyet shall distribute the property after reconciling the dispute.
(f) The sons can keep the property by paying the equal value of givable paternal property share to married daughters. Otherwise the daughters are entitling to get respective share of property.
(g) If the wife is owner of a property and dies before her husband than share of the property shall be given to the children and second preference is the husband respectively.
(h) If the wife is owner of a property and dies before her husband leaving behind minor children then her husband act shall be as supervision of the property till the children attain majority. The said land may not be transferred by the husband without consent of the children.
(i) If the wife is owner of a property and dies before her husband leaving behind minor children and her husband marries again with another woman than the second wife’s children cannot demand from that property. But the first wife children can voluntarily declare for a share of property.
(j) If any Chakma girl/woman marry with non Chakma person than the girl/woman cannot demands her parent’s property.
(k) If the parent’s only daughter marry with non Chakma person then the parents voluntarily may announce to gifts a share of property and the daughter can accept with the permission of the concerned Panjāyet.
(l) The parents while in surviving has the rights to distribution their properties among the children by taking a self decision and executing deeds with consent of the concerned Panjāyet.
(m) The deserving inheritances of a childless couple in which they declared as legal survivor while in they are surviving. But if the couple has not declared any deserving survivors name than the concerned Chakma Ādām Panjāyet shall chose and find out the legal successors after death of the couple.
(vi) If any couple is childless and they did not declared any name of the legal /valid successors/survivors before death, in that matter respectively following persons shall entitle the properties as per sequel.
(c) Own brother and sister
(d) Grandfather and grandmother,
(e) Granddaughter and grandson.
(f) Uncle, his elder brother, auntie, maternal auntie
(g) Bothers son, nephew
(h) Sisters son.
(i) The adopted sons can be the successor like own son
(j) The renounced son and daughter cannot demand any type of property.
Section – 86: Abolition of Rani Miley or widows rights.
In Chakma society, below factors are responsible for abolition of the right of a widow on property.
(i) If the widow marries again with another person then she lost right on properties of the previous husband.
(ii) If widow got illegal pregnancy and found guilty by the society than the widow lost all her right on property.
(iii) If widow voluntarily involves herself in any anti-social and illegal activities or follows a careless life style and she found guilty in social court than she lose all her right on property of her previous husband.
(iv) Despite the above rule the Panjāyet decision shall be final on any disputed matter.
Section – 87: The rule of preparing or regulation of will.
(i) The father willingly can execute a gift deed or will to a successor from his property.
(ii) A person at the age of 25 years, in full sound, mind and in good health can execute a property will.
(iii) While surviving in good health, in full sense, the person can modify the executed will.
(iv) The Will-nama may execute under the Magistrate of Govt. judicial court in order to the permission of the Chakma panjayet.
(v) A photo copy of Will-Nama has to be submitted before the concerned Panjāyet Court.
(vi) Will can be executed only for on special portion of property.
(vii) The Property Will’ shall come into force after death of that person.
(ix) In the executed will, there shall be signatures of minimum three different people on the will except the writer of the Will and the concerned Ādām Kārbāris signature must be on the will.
Section – 88: Donation/Gift as per Chakma social tradition
As per Chakma social tradition transferring the property without receiving value is donation. The property cannot be considered as donation/gift if price is received. The property must be existence while execution of donation/gift and later no conditions shall be included. Following rules are to be followed during execution of donation.
(i) The eligible recipient must be belonging to Chakma community.
(ii) The donator must be in sound mind, good in health and the legal owner of the property.
(iii) Donation must be received by the recipient himself. Otherwise donation shall be considered as illegal.
(iv) donation shall be executed only then when the donator is in sound mind and good health.
(v) The natural successors cannot complain if a person desires to donate a portion of property to his/her relatives.
(vi) The donator cannot donate his whole property and the legal heirs must not be neglected.
(vii) The recipient shall get his/her share from the residuary property after death of the testator. But, the share shall not be equal with other successor and the Panjāyet decision shall be final in that matter.
(viii) The provision of transfer of property Act shall be followed on oral or written donation.
CHAPTER – XIII
PĀLAK LONĀ OR PĀLYĀ /PĀLAKYĀ (CHILD ADOPTION)
Section – 89: adoption
The system of adoption is prevalent and recognized in the Chakma society. In Chakma language for maintaining an adopted son is called Palok lona or palya or palokya. Generally childless couples are adopted children.
(a) The rule for adoption
(i) Any widow or any helpless family is allowed to give their children for adoption to other person with permission of the concerned Ādām Panjāyet.
(ii) The adopted son can be the owner of the property of adoptee father.
(iii) If any son or daughter is given for adoption than original parents cannot demand their son or daughter .the adopted children has the right to get share like other sons from the adoptee father.
(iv) Adoption can be taken from different cast or society.
(v) Adoption can be taken, if the children age is below of 10 years.
(vi) The adopted children can take adoptee fathers surname or title and can be included in the clans.
(vii) The children who have alive parents can be adopted with his/her parents’ consent.
(viii) If the adopted son dissatisfies to the adoptee parents ( age of 16 years ) than the son can send backto his natural parents, but the natural parents must be surviving.
(ix) The process of the adoption shall be completed with the permission of the concerned Ādām Panjāyet and listening Mangal Sutta.
(x) The adopted son is liable to provide proper maintenance to the adoptee parents in their senile ages.
Section – 90: Guardianship of minors,
Providing maintenance of a child till attaining majority is called guardianship in the Chakma society. As per the Chakma custom below cause are responsible for gaining the guardianship of a minor.
(i) If there is proved nothing the father is the natural guardian and in absence of the father the mother is the natural guardian of a child.
(ii) In absence of parents the adult elder brother shall be considered as guardian of the minor child.
(iii) In absence of adult brother the adult elder sister shall be considered as guardian of the minor child.
(iv) In absence of If the parents, adult elder brother and sister respectively the grandfather and grandmother shall be considered as guardian of a minor child.
(v) In absence of If the parents, adult elder brother, sister, grandfather and grandmother the fathers elder brother, uncle and paternal auntie shall be considered as guardian of a minor child respectively.
(vi) If there is no any blood related eligible guardian or no person is interested to take guardianship of a minor child than maternal grandparents, maternal uncle and auntie shall be considered as the guardian of a minor child.
(Vii) If divorce is done between the parent’s than priority is given to the mother, but father is liable to provide maintenance of the child.
(viii) Before divorce, if the mother returns and bound to reside at her parent’s house for physical assault by her husband and dies at her parents’ house (at least one year while residing) than maternal uncle and auntie shall be considered as the guardian of the minor child.
(ix) In absence of the mother if the minor child is forced to leave the parental house for neglects or tortures by father then as per numerically the relatives shall get the guardianship of that minor children and they can demand parental property on behalf of the minor child.
(x) If father is mentally abnormal than the mother shall be the guardian.
(xi) If the parents are mentally abnormal than numerically the relatives shall be the guardian.
(xii) If the minor child has no any surviving persons in paternal and maternal side than the Ādām Kārbāri shall be the guardian of the child or an appointed person shall be legal guardian of the minor child.
(xiii) As per the Chakma social custom, if a person is appointed as legal guardian of a minor child, shall remain guardian of the child until death or rejection or withdrawal of the guardianship, except the property matters.
Section – 91: The Belief and responsibility of the guardian.
The guardian of the minor shall be reliance on his/her responsibilities. The guardian shall not take any type of facilities or advantage on guardianship. In that sense, as per the capability of a common person the guardian has to look after the properties of the minor. If any type of breach of responsibility or negligence is seen that can be taken as the breaking of faith. If any kind of damages are found for negligence of the guardian than he/she is liable to pay the reparation.
Section – 92: Property of the minor Childs.
(i) If the minor child is the owner of the property than the guardian act will as care taker to protect the property. The property cannot sell or transfer by the guardian. The guardianship shall be abolished by attaining age of majority of the child. The guardian can use the minors property only for provides maintenance of child. But the guardian is liable to produced accounts before the Panjāyet if so desired.
(ii) The minor child can be the holder of the properties and the maintenance of the guardian but cannot be the successor or legal heir of the properties of the guardian.
Section – 93: Removal of power of the guardianship.
If a person is appointed as the guardian of a minor, power of the guardianship may be removed by following two reasons. Which are – (a) The removal of the guardian of the body of the minor and (b) The removal of the power of property.
(a) The removal of the guardian of the body of the minor-
(i) Death of the guardian, rejection or withdrawal of guardianship.
(ii) Ending of minor stage.
(iii) After the marriage of the daughter the guardianship shall ends.
(b) The removal of the power of property.
(i) Death of the guardian, rejection or withdrawal of guardianship.
(ii) Ending of minor stage.
CHAPTER – XIV
FAMILY RELATED SOME RESPONSIBILITIES
Section – 94: Khabana dabana( maintenance/ nurturing)
(i) According to the Chakma social custom the rights of a maintenance gain person is recognized as social Responsibility and duty. As result the responsibility is imposed to one side and rights is established in other side. A capable Chakma person is liable to provides maintenance to his own old aged parents, old aged adoptee parents, wife/spouse, children and other close relatives as per his capacity. Following rules are followed during provides maintenance.
(a) The quality of the maintenance is based on the financial capacity, social status and honor.
(b) The maintain ace must be reasonable.
(c) As per the capacity there will be extension of educational chances.
(ii) The overall duty of the maintenance. Such as –
(a) The unavoidable responsibility of husband is providing maintenance to his wife. To get maintenance from husband is rights of wife.
(b) The responsibility of the Fathers to provide maintenances for minor child, physically and mentally handicapped Child, unmarried daughter, divorced and widowed daughter.
(c) The responsibility for provides maintenance to old aged parents is goes to son and daughter. Here parent’s means adoptee and step parents.
(d) If husband is fell ill in any type of incurable disease or got handicapped by any sudden accident than as per the capacity the wife has to be provided maintenance to her husband.
(e) If husband suddenly dies or became handicapped than maintenance of the minor children provides by the wife. In that sense the wife can use the maintenances from husband’s property.
(f) If any parents having no son then their daughter has to be provided maintenance for the parents.
(g) In absence of son of parents than daughter can be the successor, so the daughter’s husband (son –in –law) will provide maintenance to the parents and unmarried daughters (sister-in-law) of his wife’s family.
(h) If only son dies leaving behind his old ages parents then the maintaining of the grandparents goes to the grand children’s.
(i) If fathers elder brother or younger brother has no son and the person become successor of them than the person will provides maintenance to them.
(j) If husband and wife dies leaving the minor children then the grandparents is liable to provides maintenance to the children.
(k) If a person is appointed as the legal guardian of a minor child than the guardian is bound to maintain the child. Similarly adopted children are liable to provides maintenance to legal guardian in their old ages.
Section – 95: Dignity/Prestige and duty of the wife.
As per Chakma social custom the rights and duties of a married woman is socially accepted and established by performing of Chumulong ritual. Such as –
(i) The husband is bound to maintain his wife as per the financial capacity.
(ii) The wife shall be the equal share holder of the husband’s property.
(iii) The wife becomes in husbands clans and gets title.
(iii) The wife can be filed complain against her husband before the social court for justice if she is mentally and physically tortured by her husband.
(b) Duty and responsibility.
(i) To protect husbands earned properties.
(ii) To be a part in husbands pain and peace.
(iii) To maintain the children and to educate the children and to give education for being ideologist.
(iv) To take care of the old aged father-in-law and mother-in-law and to look after the husband’s younger daughter and sister as her own brother and sister.
(v) Not to quarrel with husband without any reason.
Section – 96: Dignity/Prestige and duty of the husband.
From the ancient ages the male person enjoyed much right than the woman. But for maintaining a happy family the husband has to follow some moral responsibilities as follows-
(i) To be an ideologist.
(ii) To celebrate the family responsibilities.
(iii) Not to quarrel with wife without any reason.
(iv) Not to create any problem in the family by used drinks.
(v) Not to torture wife.
CHAPTER – XV
Section – 97: Use of wine –
The wine is uses in the society for performing some of social ritual such as marriage ceremony, worships etc. For necessity of maintain family ritual wine production is socially recognized. So the wine can be controlled the way as follows-
(i) For marriage ceremony and other social related works wine can be produced and used.
(ii) For business purpose producing wine is strictly prohibited.
(iii) With intoxicated condition entering in any Buddhist temple, Panjāyet Court and social meeting is strictly prohibited.
(iv) If any mischief is done on intoxicated condition punishment cannot be reduced in the name by used drinks, rather punishment can be imposed double.
(v) On intoxicated condition if any trouble creates to public, hurt to another without any reason, creation of disquiet in family or merciless behavior to another is considered as major criminal offence and punishment shall be imposed upon the person.
(vi) On intoxicated condition no person can participate any livelihood earning work.
(vii) On intoxicated condition rude and adulterous behavior in social meeting is strictly prohibited.
Section – 98: Maternal identity/acquaintance of misbegotten child –
As per the Chakma social custom the child gets paternal identity/acquaintance. If there is obstructed to give paternal identity/acquaintance to a misbegotten child than the child gets maternal identity/acquaintance.
Section – 99: Succession Right of the misbegotten child.
The misbegotten children can claims of his succession right to his/her legitimate father. If the misbegotten child grown up with another person’s acquaintance other than the legitimate father than succession right of the child to begetter cannot be accepted.
Section – 100: Disowned child.
If any child is irresistible to parents or directly/indirectly attempts to murder or treason against nation and involving with different anti-social activities, always trying to harm family, Society and not changes on repeated request than the parents can declare as disowned child. But before declaring disowns the parents have to be intimated to the concerned Panjāyet with appropriate written reason to declare disowned child.
Section – 101: Bechola-chol (Bad motion) – Prior to remembrance the people of the Chakma community have been living by establishing of domicile and Ādāms. They strictly follow the Society rule and regulation to keep the society in hale and hearty. Besides obeying of society rule and regulation, they are very careful on demeanor. If anybody is careless on his/her behavior and demeanor is considered as Bad motion. Such as –
(i) Misbehavior with Gorba kudum.
(ii) Wandering with Gorba Kudum after the engagement of marriage.
(iii) The male or females wandering together at mid night without any reason.
(iv) Visiting to a lone male or female’s house by taking advantage without any importance.
(v) Gossiping in a silent place with male or female without any reason
(Vi) Gossiping till mid night with male or female without any reason.
Section – 102: Gogola Kagoj (Complaint paper for suspicious crimes.) – Any dubious activity about adulterous between male and female are seen, but there is no sufficient evidence to prove or anybody involves with unsocial activity but due to fear someone nobody is disclosed, then by mentioning allegation against that persons a paper is leaved on the road. If the paper reaches before the Panjāyet court by any sources than a sue motto trial will run by the Panjāyet court based on the Gogola Kagoj. In that case the Bibādi has to be proved he/she is innocent. Otherwise the person sets as guilty and punishment shall be imposed upon the persons as per social rule.
Section – 103: Dharma Kudum (Solemnized relation ) – According to the Chakma social custom relation can be solemnized with any person. But regarding solemnizes relation the concerned Ādām Panjāyet has to be informed. But no person can be the successor in Dharma Kudum or solemnized relation.
Section – 104: hojana/ ban marana/ chalan Dena (the spell Bounding /use of black magic) -
If any person is accused and proved to spell bounds any person by using black magic is considered as serious social crime, if any person is accused and proved in this offence than the social court can give the punishment by seeing the gravity of offence.
Section – 105: No one can force others to break Humwh – According to the traditional beleif of the chakmas there is different type Humwh which clan wise specified and cannot break, if anybody breaks the Humwh misfortune will be befallen on the person. No person can force to break humwh. If, any person is forces another person to break Humwh than the Panjāyet Court shall be imposed punishment on the convicted as per gravity of offence.
Section – 106: Dispossessed – Permission has to seek for cultivation or dwelling on any individual or Panjāyet land respectively. If any person cultivates or dwells forcefully or without permission of the person or concerned Panjāyet is considered as Dispossessed.
Section – 107: Eviction of the dispossessed person – If any person dispossesses on land or forcefully occupies the land than dispossessed person or his family can be evicted from the land.
Section – 108: Expelled from the society – As per the Chakma society rule if any person is voluntarily involved with dacoit, kidnapping, cheating, gambling, limitless drinking, quarrelling always, insulting or defaming the authority, physically assaulting parents and father in laws, created horrible situation in public and involved with other anti-social activities and the person is trying to harm society or can be harmful for the society than the person can be expelled from the society for a period or permanently.
Section – 109: Kitti-Omangalā (disgraceful surname) – If a person (male or female) announces ill-repute against another persons (man or woman) and the person does not reacts on ill-repute announcement nor filling any case against that person then he/she shall be surnamed as Kitti-OmangaIā in the society.
CHAPTER – XVI
Section – 110: Different type of social crimes or offences.
(i) Physically assault to the parents, own brother or sister, Gorba Kudum.
(ii) Scuffling with others.
(iv) Forceful occupation of any others property.
(v) Influencing others to play gamble and self play.
(vi) Prostitutions and influencing others to do so.
(vii) Entering in a Buddhist temple on intoxicated condition.
(viii) Forcefully kidnapping a married woman in order to marry with the help of group.
(ix) Eloping any married woman for marriage and both are liable for punishment.
(x) Illicit relationship with any one of a married couple.
(xi) If any person is intentionally creating bar in any persons family and influencing to break up the family.
(xii) Creating any type of dispute between married couples by stating false remark against each other.
(xiii) Influencing any couple for divorce.
(xiv) Dacoit in any person’s house.
(xv) Using the black magic for mutation and separation and for other illegal means.
(xvi) Cooperation in any voids marriage and play Ajāh role also serious crime
(xvii) Contempt of social court is a serious social offence.
Section – 111: serious crime/heinous crime.
As per the Chakma society the following offences are called as heinous crimes/offences.
(i) Killing one or more Bhānte.
(ii) Killing one or more novice.
(iii) Killing of own parents.
(iv) Killing of own brother or sister.
(v) Killing of the minor child/infanticide.
(vi) Killing one or more person.
(vii) Attempt to kill or murder of any person.
- Physical assault of parents.
- Physically Torturing husband or wife.
(ix) Attempt to kill of parents.
(x) Physical assaults to Gorba kudum related person – such as younger brother’s wife, husband’s elder brother, father-in-law, mother-in-law, nephew’s wife.
(xi) Sexual intercourse with younger brother’s wife, paternal auntie, maternal auntie, daughter in law and father in law or attempt to rape.
(xii) Elopement wiith Gorba kudums in order to marriage.
CHAPTER – XVII
Section – 112: Classification of punishment: As per Chakma prevalent custom the following punishments may be imposed upon the Duschyā/Dujhi.
(1) Forgiveness – The forgiveness may, for good and sufficient reasons provided before the Social Court, be allowed on a convicted person and in such cases measure of punishment may be reduced.
(2) Mujoliye (Recognizance) – may be set on first time guilty and for not to repeat same crime.
(3) Lājabhār denā (defamation fine) – If the Bādi fails to prove his complaint against the Bibādi or if any cases then the Bādi has to pay a Lajobhar (defamation fine) to the Bibādi, the amount of which shall be decided by the court. Moreover, the Bādi may be imposed to pay the fine according to the judgment order declared by the social court. As per Chakma social custom the (i) Lajobhar will be not less than Rs. 100/-(rupees one hundred only).
(ii) According to the gravity of offence the Lajabhar may be extended to Rs.1, 000.00
(4) Gunahār/Jorimānā (fine) – The Gunahār/Jarimānā may be varied according to the gravity of offence.
(i) It may be extended to Rs. 80,000.00
(ii) But shall not be less than Rs.300.00
(5) Sugor denā /Sugor Jarimānā (Pig fine).
The Sugor Denā fine may be imposed upon the person’s man and married woman in addition to Gunahar in case of adultery or sexual offence. But nowadays fine money is being paid in lieu of Sugor Denā in following rates
(i) Normal Rs.4000.00
(ii) Garbā Kudum relation Rs.10, 000.00
(iii) Brother in Sister relation in same clan Rs.10,000.00
(iv) Ochkheye sugor (Willful fine/willful pig) Rs.4, 000.00
(v) Ugilo Sugor (pig fine for abater) Rs.4, 000.00
(6) Rādākuroh denā (Roaster fine) – The Rādhākuroh Denā fine may be imposed to the unmarried or widow women in case of Adultery or sexual offence.
(i) But nowadays fine money is being paid in lieu of Rādākuroh Dena. The fine money may be at Rs.1000.00
(7) Dumur hadana/Zhendera phirena (Putting the Dusche/duji after shaving/blading the head) – may be imposed on serious adultery offence or according the gravity of offence in illicit relationship with gorba kudum.
(8) Kuroh Odok tangei Ādām ghurona (wandering the Ādām by hanging a roasters nest) – may be imopssed on the offence of theft or according the gravity of offence.
(9) Maintenances –
Maintenances have to be provided if following caused is liable for adjudge guilty –
(i) If a person is convicted with sexual offence with a woman and not agreed to marry that woman than the person may be imposed to provides maintenance to victim woman until the marriage or death.
(ii) If a woman becomes pregnant by illicit relationship than the convicted may be imposed to provides maintenance to the mother and the child.
(iii) If any person got handicapped by blowing another person than the blowing person may be imposed to provide maintenance to handicapped person until death.
(iv) If any person got serious injury by hitting another person than the hitting person may be imposed to provide maintenance and medical expenses until recovery of the victim person.
(10) Ehl/Bot gajot twley Pani Dhalana – (pouring water under a green tree) – If any illicit relationship is proved with Gorba kudum relation than the adjudged guilty persons have to pour eater under a green tree or under a banyan tree as punishment.
(11) Chamini ohna (becoming Chāmini/monjheng) – It is based on the gravity of offence for which the person is bound to do expiate according to Chakma social custom. Like as –
(i) The social boycotted person can enter in the society by becoming Chāmini/monjheng voluntarily. But, the person has to follow some rituals.
(ii) Sometimes the Social Court is ordered to become a Chāmini/monjheng in place of social boycott for major punishment.
(iii) The socially boycotted person cannot be accepted by the society until becoming the Chāmini/monjheng.
(12) Udonot sajurona – (Swimming on the courtyard) – may be imposed on theft, extortion and any other anti social activity.
(13) Samāj bārā gorānā or Social Boycott –
If any person adjudge guilty in any heinous crime than according to the Chakma customary law the person is given such punishments. Like as –
(i) Marriage with Gorba kudum relationship.
(ii) Illicit relationship with a gorba kudum.
(iii) Dishonoring the social rules or defaming.
(iv) Converting to other religion leaving Buddhism.
(v) Not abiding traditional rules for marriage.
(14) Imprisonment – (a) Disobeying of the judgment order given by the social court and dishonoring or defamation or contempt of the social court is considered as serious criminal offence. Then the social court may pronounce minimum 3 months or maximum 1 year imprisonment. In such cases for execution of the judgment order the concerned social court shall appeal to the higher judicial authority to immediately execute of the judgment order.
(b) If any accused person is adjudged guilty in any serious criminal offence than imprisonment punishment is imposed. If there is creation to impose imprisonment or seems to be imposed imprisonment to the Duschyā/Dujhi during trial or before the trial than the Chakma social court refers the case/cases to the Higher Judicial Authority immediately without delay. Under which situation case/cases shall be referred to the Higher Judicial Authority is as follows –
(i) If any person do not follow the judgment order of the social court after the pronouncement.
(ii) If commits murder of any person.
(iii) if any person attacks for committing murder.
(iv) Attacking for dacoit.
(v) Destroying of Government property.
(vi) Stealing of Governmental property.
(vii) Anti - National activities.
(vii) Disobeying the judgments’ of the social court.
(viii) For creating riots or involves with riots.
APPENDIX – 1
(A) SOCIAL CUSTOM
1. Once upon a time wine fine in addition of fine money was prevalent in the Chakma society. Nowadays the wine fine is totally removed from the society. But for marriage and certain worship using wine is still in practice.
2. According to the prevalent custom the fine money or goods was distributed equally among the participated in the Social Court. But nowadays this rule is abolishing only some person are permitted to take a minimum portion on that money and the rest money is deposited in the Panjāyet account to use for culture and education.
3. In ancient days women were not permitted to attend in the social court but nowadays woman can also attend in the social court.
4. In illicit relationship if the Bibādi persons or couple escapes to another place or abroad than the trial shall be continued when the Bibādi couple returns to native place.
5. If any person from Chakma society commits crime in other society than the Chakma society shall cooperates to the concerned society based on their request.
6. If any person other than Chakma community commits any offence in Chakma society than the trial of the accused person shall run as per the Chakma customary law in the concerned Ādām Panjāyet or Social Court.
7. If no evidence is found against the Bibādi during trial than the Panjāyet can impose to take oath of the Bibādi. The person who has given oath of the Bibādi also can take oath of the opposite party.
8. The complaint against any person should be in written and to be submitted before the President or Secretary by paying application fees respectively for Ādām Panjāyet Rs.100.00, Chāgālā Panjāyet Rs.200.00, Suloāni Rs.500.00 and the Rejyo Parishod is Rs.1000.00. The application fees are considerable for special circumstances which are depended on the concerned Ādām Panjāyet or Court.
9. The convicted person has to pay office contingency for Ādām Panjāyet Rs.200.00, Chāgālā Panjāyet Rs.300.00, Suloāni Rs.500.00 and Rejyo Parishod Rs.1000.00 respectively after or before trial.
10. The office contingency fees shall be paid by complainer and accused equally in such cases both sets as guilty. if both are adjudged guilty in the social court.
11. If any party desired to appeal before the higher social court after disposal the case than appeal fees shall be paid respectively Chāgālā Panjāyet Rs.1500.00, Suloāni Rs.2000.00 and Rejyo Parishod Rs.3000.00 as per sequential.
12. The Panjāyet shall issue a money receipt to the appellant.
13. The fine money may be increased by 5% in every financial year.
(B) BIRTH RITES
13. In contemporary era there is no any social bar to give birth of a child in any governmental institutions. But the Kajoipāni/ kasoipāni ritual must be performed at the newborn house.
(C) MARRIAGE (MELĀ/SĀNGĀ SUDOM)
14. Khadi bana – As per Chakma Social custom a girl becomes eligible for marriage by performing of Khadi bana ritual and marriage proposal cannot be sent or accepted until completion of Khadi bana ritual. It is performs during Bizu. The Khadi bana ritual can be performed during Āhl Pāloni if it is not performed during Bizu for any reason.
15. Jorā Pinon – Jorā pinon is a pair of cloths wearied by the bride in the Chumulong and Jadan bānā ritual. Except the Jora Pinon Chumulong ritual cannot be fulfilled. It is a folk belief among the Chakmas that using of Jorā Pinon the couple life’s become prosperous and happiness and the marriage life of the couple never be separated.
(D) RELIGIOUS RITES
16. On the eve of Buddha Purnima and the Bizu the people of Chakma community are dissuaded to cultivated works. Punishment shall not impose if any person is involved with cultivated works. But it is a condemnation works in society vision.
17. Pālā Syong offering is moral responsibility of a family. But if any family is incapable to offer Syong then the Vihar Management committee can decide to set the family at liberty from Pālā Syong.
(E)CHĀRĀCHĀRI/SUR KĀGOJ (DIVORCE PAPER)
18. If all sub rules covered and proved to pass divorce of a couple rather than the Panjāyet court is not liable to immediately set Chārāchāri or pass divorce order.
19. If the petition for divorce is accepted in social court even than the social court may not pass divorce order immediately.
20. The Panjāyet or social court can direct to the couple for live together before setting divorce. If necessary both party can stay at the Panjāyet directed place for 30 to 60 days.
21. The couple mutually can withdraw the filed divorce petition. If successively divorce petition is filed for thrice before any social court than the social court can pass order for divorce.
APPENDIX – II
THE FORMAT OF A JUDGMENT.
Record and Register
See Rule Section 10(25)
Ādām Panjāyet........................................... Chāgālā.....................................................
1. Date of judgment:
2. The Bādi/ 1st party:
3. The Bibādi/ 2nd Party:
4. The section/ charge framed section:
5. The chief Kārbāri and level:
6. Other attended Kārbāris:
7. The statement of the Bādi:
8. The statement of the Bibādi:
9. The name of the witness and his /her statement:
10. The examination in chief of the Bādi and answer:
11. The examination in chief of the Bibādi and answer:
12. The members of jury.
13. The judgment:
14. The section of judgment;
Signature of the attended people.
The signature of the writer of judgment and name.
Signature of the chief Kārbāri
APPENDIX – III
SEE RULE SECTION 45(2/B)
TRIPURA REJYO CHAKMA SAMAJIK PARIISHAD
Jadan nama/marriage certificate
This is certify that dangu...........................................S/o-................................................
Ādām .................................................................post office..........................................
Police station.......................................................Sub division.........................................
Ādām .................................................................post office..........................................
Police station.......................................................Sub division.........................................
I wish happy couple life and every success in their life.
Signature of Ādām Kārbāri with seal.
APPENDIX – IV
THE MARRIAGE KHATIAN
SEE RULE SECTION 45(3)
The name of the bride and bride groom
The gojā nd gutthis of the bride and groom.
The name of the bride groom
The age of the bride and bride groom.
The adress of the bride groom.
The profession of the bride and briide groom.
The date of marriage
The name of the chumulong ohja
Name of the Sāmālā
Signature of the bride groom
Signature of Ādām Kārbāri
APPENDIX – V
GIRI REGISTER /FAMILY REGISTER
Name of the giri,fathers name /husbands name ration crd no/APL/BPL
The name of the family members
/bach/bate of birth /age
Samibar pur/ nigilibar paur/
The end/ thum.