Chittagong Hill Tracts (CHT), is the only extensively hilly area in Bangladesh. Many indigenous communities have been living in this area from time immemorial. Historically, the Chittagong Hill Tracts was important to the British colonisers as a highly diverse region and its unique socio-political condition. They issued the Chittagong Hill Tracts Regulation (Regulation I of 1900) to protect the diverse culture and its indigenous inhabitants from foreign immigrants. This regulation came into force on May 1, 1900. The Chittagong Hill Tracts area was given special status by this regulation. There are various regulations that applied to indigenous people of the former British Empire, such as the Inner Line Regulation, 1873 (Act V of 1873), the Chin Hills Regulation, 1896 (Act V of 1896). According to the Inner Line Regulation 1873, non-indigenous people cannot enter into tribal areas without taking permission from the local authority. This law is still in force in many states of North-East India. Undoubtedly, the Chittagong Hill Tracts Regulation has recognised the traditional customs and social laws of the tribes and ensured social security by recognising the rights of the indigenous peoples to their lands.

After the liberation war of 1971 of Bangladesh, the CHT formed part of independent Bangladesh. During the Military regime in 1989, when political instability was raging in the CHT, military junta introduced local government councils at the district levels in the CHT (through Acts 19, 20 and 21 of 1989) and repealed the CHT Regulation (Act XVI of 1989) by making unconstitutional laws.

However, the Chittagong Hill Tracts Peace Accord, 1997 and the Chittagong Hill Tracts Regional Council Act, 1998 stated that the Regional Council would advise the government to remove conflicting provisions from the Chittagong Hill Tracts Regulation, 1900 and from the Hill District Councils Act, 1989. As a result, the Chittagong Hill Tracts Act (Amended), 2003 was passed to remove the conflicting provisions of the Regulation and transfer judicial power from administrative officers to judicial officers (Judges).

In BLAST and other v Bangladesh, the High Court Division Bench of the Bangladesh Supreme Court directed the Executive to implement the Chittagong Hill Tracts Regulation (Amended), 2003 and to establish District Judge Courts in three Hill Districts. The order was implemented during the reign of the military backed caretaker government. But the High Court Division in the case of Rangamati Food Products v Commissioner of Customs and Others, while discussing the applicability of tax law in the Hill Tracts, declared that the Chittagong Hill Tracts Regulation, 1900 is a 'Dead Law'. On the other hand, in other cases the High Court enunciated that the regulation is an 'effective and valid law'.  As a result, special benches were constituted, and the High Court issued an order regarding the effectiveness of the regulation.

In Abrechai Magh v Joint District Judge, Khagrachari & others, the High Court Division upheld the customary law of the Marma community. In this case, the Joint District Judge applied the Hindu Liability Act in the case of Marma widow's inheritance, so the High Court quashed the judgment of the Joint District Judge in consultation with the Circle Chief (Raja) and the Mouza Chief and upheld the status of customary law.

The three Circle Chiefs, Chittagong Hill Tracts Regional Council and Headmen handed over a memorandum urging the then Deputy Minister of Chittagong Hill Tracts Affairs to take necessary steps to protect the regulation in the court. Then, the Hon'ble Deputy Minister wrote a letter to the Attorney General of Bangladesh emphasising the role of Raja, Headman (Mouza Pradhan) and Karbaris (Para Pradhan) in the governance of the CHT and mentioned that the government needs to play a strong role for implementing the regulation.

Consequently, the Chittagong Hill Tracts Regional Council and the three Circle Chiefs (Rajas) filed a suit to defend the effectiveness of the regulation and the government, on the advice of the Deputy Minister of the Chittagong Hill Tracts Affairs, appealed against the part of the judgment in the Rangamati Food case calling the Chittagong Hill Tracts Regulation 1900 a 'dead law'. As a result, the special bench of the Bangladesh Supreme Court stayed three cases related to the regulation. Finally, in 2016, the Appellate Division declared that the CHT regulation is constitutionally valid and effective while delivering the judgment of Rangamati food products case.

The writer is student of law, University of Dhaka.