|
Bhutanese
planners, legal professionals from the High Court, the
district courts, ministries, the RBP, NGO's and the
private sector gathered in Thimphu this week to discuss
juvenile justice, rehabilitation programmes and its
development.
"Juvenile
delinquency has become an area of emerging concern,
and calls for a legal and institutional response to
prevent and tackle this problem," said a spokesman
for the High Court which organised a five day workshop
on Juvenile Justice.
Among
issues discussed by Bhutanese and foreign legal experts
at the workshop were guiding principals of adjudication
and disposition of delinquent juveniles, rehabilitation
of juvenile delinquents, the role of social worker and
legal practitioners, custodial measures, causes of juvenile
delinquency and prevention, social support to juveniles
in conflict with the law, international instruments
and guidelines and a model act based on what a Juvenile
Act should look like.
The
Chief Justice, Lyonpo Sonam Tobgye, said that the royal
government had signed and ratified the Convention on
the Rights of the Child in May 1990 recognising that
children were the future of a nation, and that the congenial
survival of a society depended on them.
"It
is a delight for parents to see their children growing,
it is agonising for parents to see their loved ones
falling in humiliation, so helplessly," Lyonpo
Sonam tobgye said. "However, both delight and pain
are within our domain, if we devote a little more time
and effort. Therefore, let us not curse our young offenders
if they fall, let us help them to stand every time they
may fall."
The
UNDP Resident Representative, Andrew Geair, said juvenile
delinquency was an emerging social problem in Bhutan
which showed alarming trends. "As Kuensel had once
put it very eloquently' 15 years ago we did not talk
of youth crime, 10 years ago we did not know of juvenile
delinquency, five years ago phensedyl was just another
cough mixture and correcting fluids were brought by
typists not students'," he said.
Presenting
a paper, Tshering Wangchuk from the Dzongkhag Thrimkhang,
Samdrup Jongkhar, said that developments of enacted
laws relevant to minors in Bhutan were not new. He cited
examples from The Marriage Act 1980, the Rape Act 1992,
The Inheritance Act, The Loan Act 1980, Land Act, Police
Act 1980, The Prison Act and specifically the Thrimzhung
Chhenmo were under PA 1-14 "Persons below 18 years
of age shall be awarded half the sentences given to
adults."
He
said that a draft legislation, The Juvenile Justice
Act, dealing with juveniles who are involved with crime
had been drawn up. The law will apply to youths below
the age of 18 years and describes how the police, the
courts and the correctional centre must treat juveniles
who are charged, arrested or found guilty of an offense
or crime under Bhutanese laws.
The
proposed legislation is divided into six parts and would
establish a uniform legal framework for juvenile justice
and provide a systematic and specialised approach towards
dealing with juvenile delinquency. It would also provide
for an establishment of an institution required for
the care, protection, treatment, development and rehabilitation
of delinquent juveniles and ensure that young persons
are taken away from their parents only when there is
no other choice.
On
June 2 the Juvenile Correctional Facility in Tsimakhoti
under Chhukha Dzongkhag will become operational. It
will not only provide juveniles with accommodation,
facilities for education, vocational training and rehabilitation
but would facilitate the development of their character
and abilities to ensure all round growth and development
of their personality.
|
