First Judicial Activism in Bhutan: Public Interest Litigation

 With the adoption of the Constitution, the separation of power among the legislature, the executive and judiciary clearly defined and thus, these three branches of the government are independent of each other.  The role of judiciary is interpreting the laws enacted by the legislature.  However, judiciary is also one of the sources of laws in the country in the form of judicial precedents, writs or guidelines. This is often described as the judicial activisim. The scope of judicial activism has

TREAT THEM EQUALLY, NO NEED OF PROTECTION

Today is the International Day of Woman. It is observed every year on 8^th March. First let’s, agree that without woman, there can be no man and without man, there can be no woman as well. Thus, now, who is more important, who is more superior?  The answer is simple, no one. This means, we should accept the both as equal and same and deserves same treatment and equality. If we as man want respect from woman, love from
woman, care from woman and so let’s reciprocate them in the same manner. If we do as men, they would do as women.

Personally, I have never supported any form of manly superior mindset towards woman and certainly not any form of violence towards any woman.  I will never tolerate any form of violence against any woman what may the reasons be more so in my own family. Let’s make it happen from our own houses.

Let’s as man, first learn to appreciate the wisdom and non-violent element in every woman which are inherent and embedded in their blood. All men love our own mothers and female in our own family and exceptions are rare. If we can change our mind to do the same to rest of woman in the society, we don’t have to talk about woman’s protection. This year’s theme is “MAKE IT HAPPEN”. Thus, everyman,  join our hands to love every woman and treat them equally, it does not cost anything, just a little more emotion and love in our hearts “we can make it happen.”

In Bhutan, thanks to every Bhutanese parents though they are also old  and traditional. Our old parents have not seen cars till 1960s and  heard of mobile phones till early 2000,  and internet and television till late 1990s. Yet, Bhutanese parents have such open hearts and liberal thinking that they have accepted the sea change in life style of our young people both men and women from way of thinking to styles of wearing modern dresses. I feel proud of our nation and our people though we still have some inequality between men and women which is negligible compared any of our neighbouring countries. We are fortunate in Bhutan where cast, race, colour etc have become story of the past. However, we still have some discrimination against woman including people's perception on woman's ability to lead nation and many such platforms. We must as a society must learn to make this happen. Palden Drukpa Gyalo.

To my loving gentle wife and woman in my family, I have respected every one of you and loved you all with not a pinch of violence in my life because you all treated me the same. 

TREAT THEM EQUALLY, NO NEED OF PROTECTION

Today is the International Day of Woman. It is observed every year on 8^th March. First let’s, agree that without woman, there can be no man and without man, there can be no woman as well. Thus, now, who is more important, who is more superior?  The answer is simple, no one. This means, we should accept the both as equal and same and deserves same treatment and equality. If we as man want respect from woman, love from

The review on the banned documentary in India dedicated to Woman

The 8^th March is every year is observed as the International Women’s Day. This year, India made the international headline after the ban on a documentary produced by BBC “India’s Daughter” a dramatization documentary on the 2012 Delhi gang Rape known as Nirbhaya case or India’s daughter. This case has led to one of the biggest public demonstration seeking justice and protection all women in India. It also led to the amendment of the Indian Penal Code on definition of rape.  BBC previously scheduled to telecast the documentary in India on 8^th March which later
rescheduled and was telecast in UK on 4^th March.

I had the opportunity to watch this film on internet and was moved by the documentary. The story was such that, it gives every man to reflect on our instinct and conscience as a physically strong animal as opposed to woman who are physically weak. The documentary pinches heart of the man how we treat our woman in the society. When the accused said, “I didn’t know what was coming out of her body, may her intestines” I was shattered there and felt so ashamed of this barbarous and heinous act as a man. Oh my god!!! Are we really human being? In this case, man has turned into a monster that is worse than any animal. The unimaginable barbaric instinct overtook the human insight and conscience.

I was even more ashamed of the accused and the defending counsels description on the woman. The accused seems to still stand by his heinous instinct with not repentance and defense counsels with no consciousness in their mind.  Being a lawyer and having studied about what is justice and what is equality, this is definitely an outrageous comment from such a foul mouth. These are people who are custodians of equity and justice, moral and protection in the society seems lack the basic human values of right to life and right to liberty.  The Article 14 of Indian Constitution guarantees the fundamental right of equality irrespective of cast, sex, race or colour. These lawyers are supposed to uphold those values and principles and help the society to attain this very principles.

The views expressed by many others including formers justices, advocates etc however, did overshadowed the unimaginable standings of the accused and defending lawyer. The scene of huge protest over a month across India and very prompt action by police and amendment to the existing legislation were not only positive change but also embraces the importance and equality of woman in India.

Despite of losing the only child in their life, it is praise worthy that the victim’s parents are able to stay strong and voice their opinion on uplifting the morals of woman in India and remind the men on basic values of women and their existence.  However, going by some other reports, though the case was fast tracked and accused were all held guilty and sentenced to death, they are yet to have the first hearing in the Supreme Court of India. The father in NDTV said that they have been waiting for over one year since its appeal and Supreme Court has not conducted a single hearing on the case. If this report is true,  it’s a blow to Highest Court in the world’s largest democracy about its credibility and respect for woman and their response on such a murderous and heinous crime.

The documentary also provides a lot of insights into the delay of justice in India, failure on the judges to decide even the heinous crimes with much less time. It also hints, various reasons why rape is still very prevalent in Indian society and reports that every 20 minutes, there occurs a rape in India. A few days, back NDTV reported that there are 31000 rapes cases pending before the court even though they are supposed to be fast tracked. It reminds the any country with such cases and similar situations to rethink and reflect and introspection on what can be done.

The documentary also provides the scene of paradigm shift of Indian society from more traditional and conservative approach to modern and liberal society where Indian woman no longer need their husbands to feed them daily. Instead they could independently work and earn like any other man given the opportunity offered to man. It also shows, the confusion and pendulum of various societal thinking on where this pendulum should stop to the traditional patriarchal system or move towards modern India, the society of equality as provided under Article 14 of the Indian Constitution. It gives the insights into mind set of Indian man on woman. 

I am more amazed that, compared to our country, Indian society is much developed and exposed to modernity since 18th Century as opposed to Bhutan. Yet, the existence of child marriage, devadasy system (Where woman is supposed to offer sex to any person without resistance) and patriarchal system, honour killing still continues. 

After watching this documentary that I was born in such a nation where woman is treated far better compared to here and enjoy far more liberty and independence  and such heinous crimes are rare to be heard.Thanks to every Bhutanese parents though they are also old  and traditional where they have not seen cars till 1960s and  heard of mobile phones in 2003 and internet and television in only late 1990s. Yet, Bhutanese parents have such open hearts and liberal thinking that they have accepted the sea change in life style of our young people both men and women from way of thinking to styles of wearing modern dresses. I feel proud of our nation and our people though we still have some inequality between men and women which is negligible compared any of our neighbouring countries. We are fortunate in Bhutan where cast, race, colour etc have become story of the past. Palden Drukpa Gyalo. 

In short, the documentary is worth watching and should have been permitted in India and every man and woman must watch and reflect on such issues to build a society that is equal and safe for everyone.  

The review on the banned documentary in India dedicated to Woman

The 8^th March is every year is observed as the International Women’s Day. This year, India made the international headline after the ban on a documentary produced by BBC “India’s Daughter” a dramatization documentary on the 2012 Delhi gang Rape known as Nirbhaya case or India’s daughter. This case has led to one of the biggest public demonstration seeking justice and protection all women in India. It also led to the amendment of the Indian Penal Code on definition of rape.  BBC previously scheduled to telecast the documentary in India on 8^th March which later