The nation felt the tremors of broken hearts and emotions of parents, who lost their first child when the lifesaving ambulance couldn’t reach them when it was most wanted. Yet, an equally important issue, the cries of those living youth, went almost unnoticed and did not receive much attention.
The policy of so-called, “Cooling Period” destroyed their dreams, shattered their hopes and aspirations, when they learnt that, they won’t get security clearance for two years before they can embark on a new journey in their life.
Such requirement, an “Invisible Tool” of the state itself is so little known to the public. For many, two years may look too short but for these young people, two years is too long.
It was the same institution, who helped these youth, repent for the crime they committed, reformed, rehabilitated and cared them like their own children for months and years in Tsimasham. The reformative approach gave them the inspiration to begin a new chapter in their life and strength to forget their past and motivation to move forward.
Thus, such invisible tool has put a curtain on the objectives of reformative policies and rehabilitative processes for the juvenile justice system in the country. It has challenged the protections offered to the child in conflict with the law. The fundamental objectives of social reintegration are lost. These innocent young minds may fall back into their past.
Royal Bhutan Police must have instituted such a regime with the best intentions in the interest of national security, law and order. But the best intentions have manifested into bad results. Further, neither the police nor the prison laws mandate such mandatory cooling period after their reformative and rehabilitative process unless they become a threat to our society.
This invisible tool has denied their right to “equal access and opportunity to join public service” and “right to practice lawful trade, profession or vocation” for two crucial years of their social re-integration process. Does such a policy violate their constitutional rights? Even, if it does not, shouldn’t there be exceptions?
The Child Care and Protection Act, 2011 mandates the state to ensure “the protection of children against all forms of discrimination” and promote a conducive environment for them to socially integrate back to the society and ensure that any measure for children in conflict with law must be in the best interest of the child. This simply means that children in conflict with the law are not criminals. They are merely unfortunate victims of social menace and evil created by us.
Therefore, the state must review such draconian state machinery in the interest of our youth. The policymakers, the parliamentarians and relevant institution must take note of such loopholes in our system.
We must reform such erroneous policies so that, we do not disadvantage our own young Bhutanese fellows. These youth are equipped with the right skills, filled with the right attitude and motivated with positive energy to move forward and start a new chapter in their lives and for their families.
We have spent huge public money on reforming and rehabilitating them.
Lets reform our youth does not ruin them. Let help build their dreams not destroy.
Sonam Tshering
Faculty of law at the JSW School of Law.
This Article was published in the Kuensel on Saturday Legal Column Series on 7th September 2019 (First Issue)
The policy of so-called, “Cooling Period” destroyed their dreams, shattered their hopes and aspirations, when they learnt that, they won’t get security clearance for two years before they can embark on a new journey in their life.
Such requirement, an “Invisible Tool” of the state itself is so little known to the public. For many, two years may look too short but for these young people, two years is too long.
It was the same institution, who helped these youth, repent for the crime they committed, reformed, rehabilitated and cared them like their own children for months and years in Tsimasham. The reformative approach gave them the inspiration to begin a new chapter in their life and strength to forget their past and motivation to move forward.
Thus, such invisible tool has put a curtain on the objectives of reformative policies and rehabilitative processes for the juvenile justice system in the country. It has challenged the protections offered to the child in conflict with the law. The fundamental objectives of social reintegration are lost. These innocent young minds may fall back into their past.
Royal Bhutan Police must have instituted such a regime with the best intentions in the interest of national security, law and order. But the best intentions have manifested into bad results. Further, neither the police nor the prison laws mandate such mandatory cooling period after their reformative and rehabilitative process unless they become a threat to our society.
This invisible tool has denied their right to “equal access and opportunity to join public service” and “right to practice lawful trade, profession or vocation” for two crucial years of their social re-integration process. Does such a policy violate their constitutional rights? Even, if it does not, shouldn’t there be exceptions?
The Child Care and Protection Act, 2011 mandates the state to ensure “the protection of children against all forms of discrimination” and promote a conducive environment for them to socially integrate back to the society and ensure that any measure for children in conflict with law must be in the best interest of the child. This simply means that children in conflict with the law are not criminals. They are merely unfortunate victims of social menace and evil created by us.
Therefore, the state must review such draconian state machinery in the interest of our youth. The policymakers, the parliamentarians and relevant institution must take note of such loopholes in our system.
We must reform such erroneous policies so that, we do not disadvantage our own young Bhutanese fellows. These youth are equipped with the right skills, filled with the right attitude and motivated with positive energy to move forward and start a new chapter in their lives and for their families.
We have spent huge public money on reforming and rehabilitating them.
Lets reform our youth does not ruin them. Let help build their dreams not destroy.
Sonam Tshering
Faculty of law at the JSW School of Law.
This Article was published in the Kuensel on Saturday Legal Column Series on 7th September 2019 (First Issue)
No comments:
Post a Comment