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Granting
an audience to Thrimpons, Dungthrims, Dungpas, Rabjams,
and other judiciary staff, on November 22, His Majesty
the King shared his concerns about the problems faced
by the judiciary in the dispensation of justice in the
kingdom.
His
Majesty commanded the establishment of a legal course
for jabmis (traditional legal counsels) to enable them
to better represent litigants and, therefore, to be
of greater benefit to the people. They would be paid
an allowance to encourage them to attend the training.
His
Majesty suggested that the qualified jabmis be awarded
licenses for practising in the courts, governed by appropriate
rules and regulations. While there may be some problems
initially in litigants using the services of jabmis,
His Majesty said that the system of jabmis was necessary
to give the people proper legal support during cases.
With
the second batch already having started its training,
His Majesty expressed his satisfaction with the success
of the National Legal Course.
His
Majesty pointed out to the judges and judiciary staff
that, while the appeals made to the King were referred
to the Lodoe Tshogdoe (Royal Advisory Council) for investigation,
the royal Advisory Councillors were not trained in legal
practice and were not empowered to decide appeal cases.
After the investigations are completed by the Royal
Advisory Councillors, the case must be reviewed jointly
with the High Court and the final decision taken by
the judiciary.
His
Majesty expressed his concern over the increasing number
of appeals which came to him every year and cautioned
that, if the number of appeals increased, the courts
would lose their credibility.
His
Majesty explained that the proposed amendment to the
Marriage Act, 1980, had been submitted twice to the
Lhengyal Shungtshog. His Majesty said that, although
most of the amendments did not require change, some
discussions had to be conducted, keeping in mind the
welfare of the people.
Responding
to a proposal that the maximum age for child support
should be 18 years for boys and 16 years for girls,
His Majesty commanded that there should not be any discrimination
based on sex. The maximum age should be 18 year for
all.
On
the question of alimony, compensation, and damages,
His Majesty explained that it would be difficult for
the Bhutanese people if child support were calculated
on the basis of individual income as it was done in
most countries. In Bhutan's context it would be more
appropriate to base it on the chathrim for the daily
wage rate, as it would be difficult and contentious
to properly assess individual incomes.
His
Majesty expressed his satisfaction with the improvements
which were being made in court procedures and advised
that any changes which were made must be relevant to
the situation in the kingdom, considering the needs
and aspirations of the people.
His
Majesty commanded the construction of residences for
Thrimpons in the Dzongkhags and Dungkhags. His Majesty
said that the Thrimpons were sometimes forced to offend
people when administering justice and emphasized the
need for legal official to be free from social and other
pressures which would make them vulnerable to partiality.
In view of these difficulties, His Majesty issued a
special Kasho, exempting Thrimpons and Dungthrims in
the Dzongkhags and Dungkhags from the deduction of house
rent for government quarters.
The
Thrimpons, His Majesty reminded, were custodians of
the law. Their responsibility was not to make law but
to interpret them fairly. The judiciary must not harass
the people but it must continue to dispense justice
without partiality and delay.
The
13th Judicial Conference concluded on November 22. According
to the participants, two of the most common problems
in the Dzongkhags were related to land disputes and
marriage cases.
In
a list issued by the High Court, the Thimphu Dzongkhag
court saw the highest number of cases, with 2,115 registered
last year. This was followed by Paro with 1,511 cases
and the Mongar Dzongkhag court with 1,213 cases.
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