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Draft legislation for juvenile justice
A background study for the formulation of a Juvenile Justice Act has come up with some grim statistics.

Juvenile crimes saw a sudden surge in 1992-1993 hitting a record 153.6 percent increase with petty crimes like thefts, burglary, gang fights. Non-violent crimes remained high with the maximum number of arrests being made for burglary and theft.

The study, based on the figures and statistics for juveniles apprehended till December 14, 1998, says that there were many more boys arrested than girls. Girls constitute one out of every 25 boys in custody.

Urban Thimphu, Phuentsholing, Samtse, Gelephu, Paro, Tsirang and Dagana were the main areas for juvenile crimes with Thimphu highest on the list.

The statistics show a gradual shift of juvenile delinquency from the poorer economic strata towards the affluent class with a majority of the juveniles being literate but dropping out of school before reaching Class X.

The Chief Justice, Lyonpo Sonam Tobgye, said that Bhutan's rapid socio-economic development had, so far, taken place with very few negative social problems but juvenile delinquency was a growing concern.

"It is a delight for parents to see their children growing and agonising to see them falling in humiliation," he said at a workshop on juvenile justice. "Let us not curse our young offenders for their fall but let us help them to stand every-time they may fall."

To counter the problem a juvenile delinquency rehabilitation center was established at Chimakoti and, more recently, the Juvenile Justice Act was drafted. Dealing with crimes committed by juveniles, the Act will apply to all youths below the age of 18 once it is approved.

The proposed legislation is divided into six parts, covering a wide range of issues from prosecution to hearings, bail, custody, protection against social stigmatisation, appeals, punishment for cruelty to juveniles, employment and exploitation, and parents involvement.

Under the proposed Act parents are as liable as the delinquents. The Act states that parents are responsible for the care and supervision of their children. Whoever wilfully neglects a juvenile or causes him to be assaulted, abandoned or neglected in a manner which is likely to cause the juveniles mental or physical suffering is punishable with imprisonment, fine or both.

The draft Act aims to uphold the government's policy and commitment to protecting the rights of the Bhutanese child by enacting delinquency laws designed to protect, rather than punish, young offenders.

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