Code and Marriage Act besides sources, significance, interpretation of laws and due process of law and the constitution of Bhutan. The two week legal campaign in the Dzongkhag began on 20th January 2010 and concluded on 2nd February 2010. The campaign began with Marchang Ceremony in Shaba Geog and concluded with offering Khadhar and Nyendhar in Drugyel Lhakhang in Tsento Geog. This campaign was organized upon the request of the 90th Session of Paro Dzongkhag Tshogdu last year.
The Legal Adocacy Campaign led by Dasho Lungten Drubjur, a senior judge and accompanied by Dasho Passang Wangmo, a judge with Bench II, Dasho Drangrab and court officials. Opening the campaign in Shaba Geog, Dasho Lungten Drubgyur said that this is the first of its kind in the country. Dasho also said that Paro is the first Dzongkhag to request for such program and hope that other Dzongkhags will follow them. Dasho Lungten Drubjur said that a legal terms being very technical is difficult to bring into laymen term. He however, his experience of being a judge for the last sixteen years gave him enough skills to make those laymen to understand the legal terms by using relevant numerous examples.
Dasho Passang Wangmo, though soft spoken, through her oratory skills combined with poetry words could make everyone understand on what she wanted them to know. Many women who came to attend the campaign admired her for skills in passing the messages to them
During the two week campaign, the campaign team led by Dasho Lungten Drubjur, a senior judge and Dasho Passang Wangmo spent over four hours in each goeg to explain the national laws to the people. Dasho Lungten Drubjur said that a Legal term being very technical is difficult to bring into laymen term. He however, did it by explaining with relevant and numerous examples from his past experience after serving the judiciary as judge for the last sixteen years.
Dasho informed that public that therefore, it is also important for each judge to have complete independence while handling a case to ensure free and fair judgment.
During the four hour campaign in each geog, the public and the local leaders were briefed on nine main issues excluding the judiciary annual report 2009. They were
1. the significance of laws
2. , the sources of law
3. the due process of law
4. government
5. The Constitution of Kingdom of Bhutan
6. Civil and Criminal Procedure Code of Bhutan 2001,
7. Penal code of Bhutan 2004
8. Marriage act 1980 (Revised during the 76th Session of National Assembly)and
9. Importance of driglam Namzha
Dasho Lungten Drubjur said that like any other laws in the world, the principles of Bhutanese laws are also derived from Buddhism. Dasho Lungten Drubgyur emphasized that each and every Bhutanese legal term has a lot of hidden meaning and principle which were taken from Buddhist texts. He added that on top of that most of the Bhutanese laws are enacted under the guidance of their majesties the kings and thus has a lot of benefit to the public in general.
Judge Lungten told the gathering that Bhutanese system of trail is even appreciated across the globe and by the westerners. He said that this is because, the Bhutanese system of trial (Open trial) and concept of legal counsel or the jabmi were there since the 14th Century whereas same idea came to USA only in the 17th Century.
Introducing the Penal Code of Bhutan, Dasho Lungten told that there are mainly two ways of sentencing the offenders or culprits. The first one is the felony. Felony can be further divided into four degrees as first degree, second, third and fourth degree felony. Hen then explained each degree with an example. The second way of sentencing are again divided into three as misdemeanor, petty misdemeanor and violation.
Dasho Lungten then explained about how one can be sentenced depending on his or her crime.
Dasho Lungten covered over 40 important offences and their sentences. This include: Battery, child abuse, defamation, malpractice, sale of antiques and religious relics, perjury, eve teasing, possession of stolen properties, illegal possession of firearms and ammunitions, smuggling of substance abuse, environmental pollution, water source contamination, prostitution, sexual offences, forgery, display of weapon, contempt of court and unauthorized use of public services. Besides these the public were also briefed on how to write a petition, an agreement, and process of appealing to the higher court.
One of the most common concerns raised by the public was the difference of judgments from Dzongkhag Court and Higher Court and why the Drangpons at fault are not punished.
To this, Dasho Lungten Drubgyur explained to the public that appealing is legal right of every person and if one dissatisfied with the decision of the lower court. This is guaranteed by the Civil and Criminal Procedure Code of Bhutan. Dasho Lungten said that Bhutanese Judiciary follows the principle of due process of law and follow the vertical check and balance within the judiciary system. He said that after becoming a legal officer for some years, they are appointed as the Drangpons in the Drungkhag Court (Sub-Division Court) who then serves for a couple of years and then become Dzongkhag Drangpon. And after serving as Dzongkhag Drangpon for another couple of years he or she may be appointed as the judge in the high court (Appellate Court). He said that in the high court there will be atleast two judges. This means, the judges are always more experienced, matured, qualified and skilled in handling the case then their sub-courts. Therefore, even if the lower court judge makes a mistake after he or she passes the judgment provided the case is dealt by following all the procedures.
Dasho Lungten further clarified to the public that, incase, the judge at any court passes the judgment through undue means and bribery, a strong action will be taken against them. And Constitution has given the power to National Assembly to even to impeach the judges through a simple majority vote if found to dishonest or not performing with integrity and ethics.
Dasho Passang Wangmo, a judge of bench II, briefed the gathering on the Marriage Act. Dasho Passang Wangmo told the importance of marriage certificate, how to process a marriage certificate, the important documents required to process a marriage certificate.
Dasho Passang Wangmo also briefed the public on types of compensations one can claim in an event of matrimonial case, child upbringing compensation as well as in case of an illegitimate child.
The public were also briefed on how court divides the properties and loan in case of divorce. Dasho said that this is one of the most difficult tasks especially in case of family with many children and who has been married for a long time.
In the conclusion, Dasho Passang Wangmo reminded the people to rethink before getting divorce especially if they have children. Dasho cited that most of the juvenile cases involving theft, burglary, substance abuse come from broken family where their parents are divorced.
The public’s views on campaign (People perspective on the Legal Advocacy Campaign) were really encouraging. Almost all the people I talked to said that the campaign was really helpful to them and they suggested it to be an annual event because laws keep on updating every year. In short the campaign was well received in all the ten geogs and was a huge success.
This Legal Advocacy Campaign is the result of resolution of 90th Dzongkhag Tshogdue of Paro last year. It is also the first time in Bhutan where a public requested for such campaign.
Its good, such campaigns should be organised in every country to make people aware about law and order.
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