Traditional Tribal Justice and Government system in Jharkhand

Self-Governance System of Mundas

• Language: Mundari (Austro-Asiatic Family)
• Main Areas of Residence: Ranchi, Singhbhum, Hazaribagh, Palamu, Dhanbad
• Population: Approximately 12.29 Lakhs
• Main Purpose: Settlement of social, religious, economic, cultural, and criminal matters.

Key Positions and Roles

• Munda: Head of the village; leads administration, judicial functions, and tax collection.
• Padha Raja: Head of a group of 12-20 villages (Padha); handles complex disputes (Honorarium: ₹1000).
• Raja: Head of 22 Padhas; high-level decision-maker.
• Thakur: Assistant to the Padha Raja.
• Diwan: Minister of the Raja; responsible for implementation of orders (Garh Diwan and Raj Diwan).
• Barkandaz (Soldier): Distributes notices; ensures security in Sabha.
• Pandey: Responsible for the protection of documents and issuing notices.
• Lal (Bardalal, Majhalal, Chhotelal): Acts as a lawyer-like debater in Sabha.
• Pahan: Assistant to Munda; oversees religious functions.
• Priest Pahan: Conducts worship during festivals.
• Mahato: Distributes information; assistant to Munda and Pahan.
• Purification Work: Involved in priestly duties.
• Ghatwar: Distributes punishment materials.
• Chawar Dolait: Responsible for washing hands and feet in Sabha.
• Paan Khawas: Distributes lime-tobacco in Sabha.

Dispute Resolution Process

1. First Stage:
   • The aggrieved person informs the Munda.
   • Mahato spreads the information across the village.
   • A hearing takes place in the village Sabha.
   • Decision: Financial penalty or social boycott.
2. Second Stage:
   • If unresolved at the village level, a Padha Sabha is convened.
   • Information is disseminated through Diwan and Barkandaz.
3. Third Stage:
   • If unresolved in the Padha Sabha, the matter is taken to the Mahasabha of 22 Padharajas.
   • Final Decision: The decision is final and binding.

Contributions of the Traditional System in Various Fields

• Criminal Cases: Economic penalty; decisions based on human values.
• Sexual Atrocities: Strict punishment; responsibility of the girl in case of marriage.
• Development Work: Construction of roads, wells, and canals through Shramdaan (voluntary labor).
• Land Disputes: Fair distribution by Munda.
• Religious Work: Pahan sets the dates for religious activities.
• Rights of Women: Limited rights on land for maintenance.
• Hereditary Rights: The post is handed over only to eligible heirs.

Akhada and Collective Decision Making

• Location: Middle of the village, often under a tree (if available).
• Function: Collective discussion and morality-based decisions; ensures quick and low-cost justice.

Padha Panchayat Governance System (Uraon Tribe)

Village Panchayat

• Main Officials: Mahto (Chief), Pahan (Priest), Bhandari (Messenger).
• Function: Dispute settlement, disaster management, and festival organization.

Padha Panchayat

• Group: 9-12 villages.
• Chief: Padha Raja.
• Other Officials: Diwan, Minister, Kotwar, Panbhara.
• Function: Acts as an appellate court and enforces social rules.
• Special Note: The “Mudma Mela” of Ranchi district is a prominent example of Padha Panchayat’s influence.

Relationship Between Mahto and Padha Raja

• The Mahto works under the Padha Raja.
• The Padha Raja does not intervene without the Mahto’s request.

Manki-Munda Self-Rule System

Historical Background

• Prevalent in western and eastern Singhbhum and Saraikela-Kharsawan districts.
• Prior to British rule, the Porahat (Singhbhum) king ruled, but the ‘Ho’ community was not directly controlled by the king.

Changes After British Rule

• In 1821, the British occupied southern Singhbhum and named it Kolhan Government State. Captain Thomas Wilkinson was appointed in 1837 for administration.
• Wilkinson Rule:
  • Munda: Hears civil cases.
  • Manki: Hears criminal cases.

Objectives of Administration in Kolhan

• Maintain local governance.
• Establish a direct relationship between the government and the people.
• Settle disputes through village panchayats.
• Prevent the entry of outsiders into the area.

Rights and Duties of Manki

• Hereditary Post (Marusi): Manki’s role is hereditary.
• Chief and Responsible Officer: Oversees the Peed (region).
• Revenue Collection: Works with Munda for revenue collection; entitled to a 10% commission.
• Police Officer: Arrests criminals and hands them over to authorities.
• Government Orders: Acts in accordance with government orders.
• Dispute Resolution: Resolves smaller disputes and reports to the Deputy Commissioner.

Rights and Duties of Munda

• Represents the village and its autonomy.
• Has the right to settle fallow land.
• Informs the government about the settlement of outsiders.
• Oversees public resources in the village.
• Acts as a police officer; reports crimes to district administration.
• Ensures forest conservation and law enforcement.

Other Key Officials in Kolhan

• Manki Committee: Resolves complex disputes.
• Dakuamunda: Assistant to Munda; informs about meetings.
• Tehsildar: Assistant to Manki; handles revenue collection.
• Diuri: Responsible for religious worship and social crime resolution.
• Travel Diuri: Participates in worship of village deities.

Manjhi-Pargana Governance System (Santhal Pargana)

Structure

• Parganait: Head of 15-20 villages.
• Desh Manjhi / Mode Manjhi: Head of 5-8 villages.
• Manjhi: Village head.
• Pranik: Sub-Manjhi.
• Godait: Secretary and Treasurer.
• Jog Manjhi: Youth leadership.
• Jog Pranik: Assistant to Jog Manjhi.
• Bhagdo Praja: Leading member of Gram Sabha.
• Laser Tangoy: Security head.
• Naike: Head of religious functions.
• Chowkidar: Responsible for catching criminals.

Dispute Settlement Process

1. Village-Level: Disputes are settled by the Manjhi.
2. If Unresolved: The matter is escalated to the Desh Manjhi.
3. Final Decision: The Parganait handles unresolved issues at the Parganait level.

Criminal Case Resolution

• Village-Level: Most crimes, except murder, are settled in the village.
• Punishments: Ranges from a light penalty (karela danda) to a large monetary fine.
• Payment Plans: If the criminal cannot pay, they are given a payment period.
• Serious Crimes: No release is allowed for serious crimes.

Settlement of Sexual Crimes

• Reported by the victim or guardian.
• A meeting is held where all parties (complainant, accused, and witness) present their case.
• If Found Guilty:
  • A marriage proposal is made (if both parties agree).
  • If rejected, an appropriate punishment is imposed.

Additional Traditional Systems

1. Illegitimate Children and Marriage Laws:
   • Jog Manjhi: Assigned as the gotra for illegitimate children.
   • Daughters may be married with the consent of their father, and dowry is provided.
2. Family and Village Disputes:
   • Disputes are first brought before the village’s Manjhi, and the matter is escalated if unresolved.
3. Bitlaha Tradition:
   • Social ostracism is imposed if a person does not follow the punishment. The community works together to persuade the individual, and if ignored, a “Bitlaha” ceremony is held.
4. Sohor Panchayat (Kharia Tribe):
   • Several villages form the Sohor Panchayat to resolve disputes not settled at the village level.
5. Village-Level Panchayat System:
   • The Mahato and elders lead meetings to resolve disputes, especially related to land and festivals.
6. Caste and Private Panchayat System:
   • Private Panchayats can be called for personal disputes, where decisions are made through trial by fire or oath.
7. Santhal Panchayat System (Manjhi Than):
   • Five officers form the Panchayat: Manjhi, Pranik, Jog Manjhi, Jog Pranik, and Godait. Originally elected annually, the position became hereditary.
8. Other Tribal Panchayats:
   • Other tribes like Bhumij, Chero, Oraon, Munda, Birhor, etc., had their separate panchayats with positions like Mahato, Dehri, Raja, Munda, Naya.

Nagavanshi Governance System

• King: Head of governance.
• Allies: Army, landlords, jagirdars, Brahmins, Rajguru, and priests.
• Revenue Administration: Managed by Diwan, Patwari, and Amin.
• Parha Panchayats: Foundation of administration, though the influence of Kol and Oraon decreased over time, with Kayastha influence growing.