Law of Bhutan
Encyclopedia
The law of Bhutan derives mainly from legislation
and treaties
. Prior to the enactment of the Constitution, laws were enacted by fiat of the King of Bhutan. The law of Bhutan originates in the semi-theocratic
Tsa Yig
legal code, and was heavily influenced through the twentieth century by English common law
. As Bhutan democratizes, its government has examined many countries' legal systems and modeled its reforms after their laws.
The supreme law of Bhutan is the Constitution of 2008
. Under the Constitution, laws are passed through a bicameral
process requiring the assent of the National Assembly
and National Council
of Parliament
, as well as the assent of the King. The final authority on law of Bhutan and its interpretation is the Supreme Court
. Laws enacted in Bhutan prior to the Constitution of 2008 remain intact insofar as they do not conflict with the Constitution.
Much of Bhutanese law is premised on promoting Gross National Happiness
, a fundamental principle of the Constitution.
The law of Bhutan is enforced by the national police, established in 1965. The judicial system of Bhutan
, namely the Royal Court of Justice, brings and hears cases and interprets the law of Bhutan. Agencies
of Ministries within the Lhengye Zhungtshog
(Cabinet) as well as independent Commissions are established by law to implement relevant laws, provide regulations, and establish procedural frameworks.
is the source of Bhutanese domestic law, including civil, criminal, and administrative law. Bhutanese legislation is created by the bicameral Parliament of Bhutan
. Either the upper house National Council
, the lower house National Assembly
, or the Attorney General
may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the National Assembly. Acts passed predating the enactment of the Constitution
in 2008 were passed under different procedures, some originating as promulgations by the King as indicated in their preamble.
Under Article 20 of the Constitution of Bhutan
, foreign relations of Bhutan
under the purview of the Druk Gyalpo on the advice of the Executive, namely the Prime Minister and other Ministers of the Lhengye Zhungtshog
including the Minister of Foreign Affairs
. Treaties of Bhutan
predating the Constitution of 2008 remain in force, however any treaties adopted after its enactment must be ratified by Parliament
.
s, termed "written agreements," are governed by provisions of Evidence Act of 2005. Valid written agreements must be made in the presence of one witness of each party; be signed by all parties or another person duly empowered by a legally binding writing in that behalf; and be executed with a legal stamp. A contract is invalid if it has an erased word; has an alteration that is not counter-signed; has a defective seal or signature; lacks the proper legal stamp
; is made while a party is a minor, mentally unsound, or under duress; is objected to by any party in court within 10 days; is executed in breach of law or to conceal an illegal act; or otherwise fails to conform to any other requirement by law.
), and intellectual
. Additionally, Bhutan has codified legislation on specific subtypes of property, such as livestock
, and on general property-related transactions, such as security interest
s.
Bhutanese hypothec
s, loans, and pledges of movable and immovable property, including mortgages and secured transaction
s, are governed according to the Moveable and Immovable Property Act of 1999 and Land Act of 2007. These types of security interest are generally the purview of the Royal Court of Justice. Bhutanese law includes normative definitions and procedures for attachment and perfection of security interests as well as types of security interests, such as purchase money security interests. The law also covers default, foreclosure, deficiency, redemption, and allocation of risk of loss in modern terms. Notably, non-citizens are prohibited from taking a security interest in immovable property
without prior government approval. Also notably, Bhutanese law provides for tolling of interest for mortgagees while incarcerated, and extends some redemption rights to family members of the debtor.
The Land Act of 2007 establishes the National Land Commission as the government agency overseeing land ownership and transactions. The Commission is composed of the Secretaries of the Ministries of Agriculture, Works and Human Settlements, Finance, Trade and Industry, and Home and Cultural Affairs
, along with some six other representatives from various public and private interest groups. The Commission oversees land transfers, mortgages, easements, and the national land register ("chhazhag sathram" or "thram"). The Commission also issues deeds of land title ("lag thram") and has surveys conducted for registered lands.
Subject to certain limitations, Bhutanese citizens are free to conduct environmentally sound agricultural and commercial activities on the land they own, as well as enter into transactions such as sales and leases. Additionally, the Royal Government is authorized to lease out its reserves for grazing and pasture management ("tsamdro" lands). Land use must generally be licensed by appropriate authorities; for example, commercial agriculture must be licensed by the Ministry of Agriculture. The law imposes a ceiling on land ownership, and provides exemptions for the royal family
, government institutions, religious agencies and institutions, and Bhutanese corporations. Because of this ceiling, the law also provides a grace period to dispose of inherited land, or alternatively, intestate succession to the second in line. Under Bhutanese law, all mineral rights are vested in the state
, and the Mines and Minerals Management Act and other laws regulate their use and management. Contiguous lots of land under common ownership may be merged only with local government approval. Further limits on land ownership include escheat
in the event of intestacy
("tsatong" lands), non-use of land for 3 years, and non-payment of land taxes.
The reigning Druk Gyalpo is empowered to grant kidu, or parcels of land, and may also grant plots for land rehabilitation purposes.
Tenancies and other estates in land less than outright ownership
are governed by the Tenancy Act of 2004, and by Land Act of 1979 where incorporated by Tenancy Act. Under these laws, tenancies must be supported by a written lease with definite terms. Tenancies entail several rights and obligations for tenant and landlord, enumerated by statute. These include many rights similar to common law
guarantees, such as the tenant's right of "peaceful enjoyment" and duty to refrain from nuisance and dangerous activities. These also include remedies such as lease cancellation and rent abatement for a landlord's breach of warranty of habitability, and eviction for tenant's breach of duty to pay rent over two months. In Bhutan, however, sub-leases are unlawful. Notably, tenancies pass according to a set order upon the death of the leaseholder. Bhutanese law also contains provisions on rents the limit annual increases to 10 percent of the monthly rent. Tenancies are regulated by the Tenancy Authority, an agency of the Ministry of Works and Human Settlement.
Bhutan protects other types of intellectual property, such as patent
s, trademark
s, trade dress
, and industrial design
, through the Industrial Property Act.
The Intellectual Property Division of the Ministry of Economic Affairs is responsible for maintaining registration and upholding intellectual property law. The Division cites low levels of awareness and innovation along with poor coordination among stakeholders as hampering the development of intellectual property in Bhutan. It launched its registration system for industrial design in 2009, and had registered two designs as of April 2011.
s since 1989, most recently under the Companies Act of 2000. Corporations and other legal entities are overseen by the Ministry of Trade and Industry and its various subsidiary agencies
. Within the government of Bhutan, the Minister of Trade and Industry represents his ministry in the Lhengye Zhungtshog
(Executive Cabinet
).
Bhutanese law regulates incorporation, capital, debentures, shares and issuance of stock and securities, corporate management and accounting, directorships, mergers and acquisitions
, and dissolution. Notably, licensure to commence business as a Bhutan corporation requires the discretionary approval of the Minister of Trade and Industry; imposes joint and several liability upon directors for ultra vires
conduct; and prohibits unsecured debentures. The bulk of Bhutanese corporate law, however, is identical to those of modern nations, including statutory shareholder inspection rights, the dichotomy between "equity shares" (common
) and preference share
s, and solvency doubly defined as the ability to pay debts as they become due and as the excess of assets against debts. (Cf. general corporate
and insolvency
laws)
Since 2007, Bhutan has separately regulated civil society organizations ("CSOs"). These include association
s, societies, foundations, charitable trust
s, nonprofit organization
s or other entities outside government that do not distribute any income or profits to their members, founders, donors, directors or trustees. Excluded from CSO status are trade union
s, political parties
, cooperative
s, and religious organizations devoted primarily to religious worship. Rather, the latter group is separately regulated under the Religious Organizations Act of 2007, which aims to protect and preserve the spiritual heritage of Bhutan through providing for the registration and administration of religious organizations. To meet those goals, the Act creates the Chhoedey Lhentshog as the regulatory authority on religious organizations. This body regulates, monitors, and keeps records on all religious organizations in Bhutan, which are in turn required to register and maintain specified corporate formalities
.
law, meaning it is transmitted by parentage as opposed to place of birth, and requires that both parents be Bhutanese. The law also requires continuous registration in local registers. Naturalization requires cultural familiarity and assimilation and allegiance to the Druk Gyalpo. Immigration laws establish a visa schedule and divide aliens into immigrant and non-immigrant categories. They also empower immigration inspectors with broad authority to prosecute offenders, and to detain and search persons and places, both public and private.
(municipality), gewog
(village block), and dzongkhag
(district) – as well as the national level – Parliament
. Election laws establish the eligibility of candidates, parties, and voters, as well as the procedures for voting, counting, and disputing ballots. While the national Parliament
alone has lawmaking authority, many powers including taxation, rulemaking, and law enforcement, have been devolved to elected local governments since the 1990s.
Employment and labor law are codified in the Labour and Employment Act of 2007 and provisions of the Wage Act of 1994 that remain unrepealed. Provisions from 1994 that remain unrepealed include facilities and benefits laws including an eight-hour work day, one paid day off for every six worked, insurance and transportation costs borne by the employer, and the basic workman's compensation scheme. Also intact remains a foreign worker ceiling of 30,000 "skilled persons and technicians not available within Bhutan."
Bhutanese labor law prohibits compulsory labor, except for by prisoners or by people as required for "important local and public celebrations." The practice of zhabto lemi (Dzongkha: ཞབས་ཏོག་ལས་མི་; Wylie
: zhabs-tog las-mi; "free service; voluntary worker"), a kind of compulsory labor
in rural areas for public purposes, was abolished in 2009.
The law also prohibits discrimination
and sexual harassment
.
Bhutanese labor law also permits the formation of workers' associations by any group of 12 or more workers under a legal work contract. These labor associations are permitted to engage in collective bargaining, and to be represented by a non-management employee of their ranks. In the event of an unresolvable dispute, the Chief Labour Administrator is empowered to intervene as conciliator. Settlement may otherwise be reached by resorting to the Royal Court of Justice.
is not banned outright, particularly unconscionable practices such as child trafficking, child prostitution, hard labor, night work, and dangerous and unhealthy working conditions are specifically banned. The minimum age for unrestricted work is 18 years. In practice, child labor is common on farms, in shops, and at schools themselves. As of 2009, the UNHCR and UNICEF had found children working at road construction sites, automobile workshops, restaurants and as street vendors; some children were also used in sexual exploitation.
To redress to these conditions, the National Commission for Women and Children works to provide these children with stable households, educational opportunities, and shelter on a monthly basis. The same government agency also oversees foster homes and adoptions of orphans and exploited children.
, Department of Immigration, also oversees and coordinates all foreign workers in Bhutan.
The Marriage Act foremost states that persons have "the right to marry any other person, irrespective of status, caste, wealth or appearance," with the exceptions of minority (under 18 for males, under 16 for females) and prohibited consanguinity
. Whether the marriage is contracted according to the customary rites and rituals, following an engagement, or a "love marriage," the law requires couples to obtain a marriage certificate ("nyentham") from a local court or gup (village headman) in order to be legally married. Requirements for certification include the endorsement of a surety, and that the couple consist of one male bridegroom and one female bride per marriage. Other restrictions on marriage include a limit of three marriages for parties whose marriages repeatedly end in divorce due to their own misconduct. Remarriage requires the consent of the former spouse, and when widowed, a waiting period of one year. Notably, women in Bhutan may by custom be married to several husbands, however they are allowed only one legal husband. The legal status of married couples among polygamous and polyandrous households impacts the division of property upon divorce and survivorship, as well as general admissibility of the marital relationship in courts.
In addition to marriage, the Marriage Act thoroughly treats adultery
, sexual assaults, separation
, divorce
, child support
, child custody
, and a host of compensable offenses. Adultery by a married man is not compensable as adultery in Bhutanese law, however adultery and attempted adultery with a married woman must be compensated by payment ("gawo") from the third party to the husband; when a married woman commits adultery with a religious celibate, both additionally face a six-month term of "rigorous imprisonment." No compensation is permitted, however, if a husband learns of the adultery only after divorce has been granted or if a husband is imprisoned for more than three years (i.e., for a felony). Women receive compensation only when their husbands leave them to legally marry another woman.
Separation
requires a payment generally by the party seeking divorce, the amount depending on the length of the marriage, except in the case of spouses separating to take vows of religious celibacy, and in the case of at-home spouses seeking divorce from absent spouses. Separation costs are otherwise imposed on violent spouses, on third parties who induce the divorce, and on wives who admit guilt in adultery. The divorce
itself is presented as a deed of divorce ("yikthi"). Divorces are also granted for spouses of those who commit adultery by fraud and rape. Mothers of both legitimate and illegitimate children are entitled to compensation from unwed, separated, or divorced fathers. In the event of maternal mortality, the law imposes a duty on the biological father to pay fines to her family and to raise his child if her family is unable.
The law also provides for compensation and imprisonment for sexual assault, rape, and the death of victims. However rape victims are required to report their attack within 24 hours, and receive Nu.300 in compensation. Protection is somewhat greater for married women: they collect twice the "gawo" compensation, and their husbands are able to collect compensation as well. Under Bhutanese law, married persons cannot be guilty of spousal rape
. Notably, the Marriage Act protects husbands' mistresses ("aro-garo"), specifically providing fines for wives who harm the person or property of their husbands' mistresses.
The Constitution of Bhutan
prohibits persons married to non-citizens from holding office by election or by royal appointment (Constitutional Offices). The Marriage Act mandates a special court petition for Bhutanese desiring to marry non-citizens. The same law imposes a total restriction on promotion for government workers who marry non-citizens, as well as the discharge of any government worker in defense or foreign relations. It also deprives the Bhutanese citizen of many government-related benefits, from land allotment ("kidu"), seeds, and loans, to public and foreign-sponsored education. Bhutanese marriage law prohibits international couples from propagating any religion other than the state religion, Drukpa Kagyu Buddhism
, and requires the non-citizen spouse to adopt Bhutanese traditions and customs.
, overseen by the Ministry of Finance, and implemented by its Department of Revenue and Customs.
As of 2011, Bhutan's Corporate Income Tax rate was 30 percent on net profits; in addition, the Business Income Tax was another 30 percent on net profits. As for individual taxation, the Department of Revenue and Customs imposes no taxes on the first Nu.100,000 of income; taxes up to Nu.250,000 at 10%; up to Nu.500,000 at 15%; up to Nu.1,000,000 at 20%; and Nu.1,000,001 and above at 25%. In addition, property transfers
are taxed at 5%. Rural taxes are also imposed on land, houses, and cattle. Other direct duties includes the motor vehicle tax, foreign travel tax, royalties
, business and professional licenses
, health contribution taxes, and municipal taxes.
Bhutanese law requires payment of sales tax
and excise
s on goods and services within Bhutan as well as customs
on imports according to rates and schedules published by the Ministry of Finance. The law also provides Department of Revenue and Customs agents broad authority to inspect, confiscate, demand accounting, and to detain, fine, and prosecute those who contravene the tax laws. The law further forth a procedural framework for resolving disputes, which may be appealed to the Royal Court of Justice.
As part of Bhutan's program of decentralization, local governments and municipalities – including dzongkhag
s, gewog
s, and thromde
s, have been authorized to collect property, services, and transactional taxes since at least 1991. Notably, the Local Government Act of 2009
allows thromde
s (municipalities) to levy a separate tax on vacancy and underdevelopment.
Other legislation authorizes or imposes taxes against particular subject matter. For example, the Tobacco Control Act of 2010
requires persons importing tobacco to pay a tax and to furnish proof of payment upon demand. Like many such laws, the Tobacco Control Act defines a set of offenses and penalties for contravening its taxation provisions.
. The highest legal authority, the Constitution of Bhutan
, prohibits capital punishment
. Other acts of parliament
criminalize specific acts and practices: for example, the Tobacco Act
criminalizes the cultivation, manufacture, and sale of tobacco
and tobacco products
, restricts public tobacco use, criminalizes non-health-related depictions of tobacco in motion media, and modifies the crime of smuggling to include possession of tobacco beyond a person's allotted limit; also, immigration- and customs-related criminal offenses and penalties, as well as quasi-criminal procedure
for deportation
and detention, are enumerated in the Immigration Act of 2007.
The most comprehensive pieces of legislation codifying Bhutanese criminal law and procedure have been the National Security Act of 1992, the Civil and Criminal Procedure Code of 2001, and the Penal Code of 2004. The National Security Act pertains mostly to treason and speech crimes
, and to unlawful assembly, rioting, and states of emergency. The Penal code classifies crimes according to severity, defines the elements and defenses to crimes, and provides a framework for sentencing criminals. The Code sets forth a criminal law framework analogous to that any modern common law
jurisdiction, for instance division of mens rea
into negligence
, recklessness, and intent.
The classes of crimes defined by the Code are felony
, misdemeanor
, petty misdemeanor, and violation. Misdemeanors result in imprisonment for one year or more but less than three years; petty misdemeanors result in imprisonment for one month or more but less than one year; and violations result in a fine. Felonies are graded into four degrees. First degree felonies are punishable by prison terms of fifteen years to life; second degree felonies – nine to fifteen years; third degree felonies – five to nine years; and fourth degree felonies – three to five years.
Elements and defenses to crimes are codified thematically, along with their class and grading. For example, premeditated murder
is listed among "homicide
," graded as a first degree felony; and unnatural sex, including sodomy
, is listed among "sexual offences," graded as a petty misdemeanor.
, however the Royal Bhutan Army
also maintains security in Bhutan. In addition, legislation
has enabled several government agencies with varying degrees of law enforcement powers. For example, the Immigration Act of 2007 grants immigration inspectors broad discretion and authority to inspect and arrest, while the Tobacco Control Act provides for enforcement of tobacco and smoking laws by local government
s.
, the High Court of Bhutan
, the twenty Dzongkhag Court
s, and some sixteen Dungkhag Court
s. Where Dungkhag Courts have geographical jurisdiction (dungkhag
s, "sub-districts"), they are the courts of first instance; in all other places, the Dungkhag Court is the court of first instance.
The Chief Justice and Drangpons (Associate Justices) of the Supreme Court, as well as judges of the High Court
and Dzongkhag Court
s below, are appointed by the Druk Gyalpo. The Chief Justice sits for 5 years, but all others sit for 10 or until mandatory retirement.
Within the court system, the government of Bhutan and its organs are advised and represented in civil and criminal proceedings by the Attorney General of Bhutan
. The Attorney General is appointed by the King of Bhutan on the advice of the Prime Minister. The Attorney General Act of 2006, wholly incorporated by the Constitution of 2008
, tasks the Attorney General with prosecuting crimes, safeguarding the impartiality of the judicial process, and disseminating information about the law among the people. The Attorney General also drafts Bhutanese legislation
for submission to parliament, reviews legislation authored in parliament, and advises all levels of government regarding judicial decisions.
In the Bhutanese judicial system, civil and criminal procedure are defined by the Civil and Criminal Procedure Code of 2001. Foremost, the Code provides for open trials, equal protection of the laws, impartiality, and habeas corpus
petition rights. Both civil and criminal trials in Bhutan are decided by one or more judges. After final appeal in the court system, the Code provides for appeal to the Druk Gyalpo.
The Code's civil procedure section further provides venue, jurisdiction, and pleadings rules. Many aspects are identical to common law procedure, namely the United States Federal Rules of Civil Procedure
, including terminology for claims, pleadings, and motions. In civil actions, the parties are at all times able to resolve their disputes before local government mediators.
is regulated by the Jabmi Act. The body which regulates the legal profession is defined as the Jabmi Tshogdey, analogous to a bar association
. All jabmi must be members of this body in good standing, and the Act sets forth several requirements for membership. All jabmi must be Bhutanese citizens; persons of integrity, good character and reputation; not addicted to drugs; not of unsound mind or of mental infirmity; not adjudged bankrupt; not sentenced for criminal offences; have legal qualification recognized by the Jabmi Tshogdey; have undergone the National Legal Course; and have passed the Bar selection examinations.
, which described the spiritual and civil regime and provided laws for government administration and for social and moral conduct. The duties and virtues inherent in the Buddhist dharma
(religious law) played a large role in the new legal code, which remained in force until the 1960s. The recent and current enforcement of the Driglam Namzha
, the code which governs the dress and behavior in public, may be seen as a part of Shabdrung Ngawang Namgyal's wider legal legacy in Bhutan.
The Tsa Yig
was revised in 1957 and ostensibly replaced with a new code in 1965. The 1965 code, however, retained most of the spirit and substance of the 17th century code. Family problems, such as marriage
, divorce
, and adoption
, usually were resolved through recourse to Buddhist or Hindu
religious law
. In modern Bhutan, village heads often judged minor cases and dzongkhag
(district) officials adjudicated major crimes. The judicial system
's civil and criminal codes continued to be built upon the Tsa Yig. Strict censorship laws
have been enforced comparable to those of Bhutan's South Asia
n neighbours.
Trials in the 1980s were public
, and it was the practice of the accuser and the accused each to put their cases in person to judges. There were no Jabmi (attorney
s) in Bhutan's legal system until the 1980s, and decisions were made on the facts of each case as presented by the litigants. Judges were responsible for investigations, filing of charges, prosecution, and judgment of defendants in an inquisitorial system
. Serious crime
s were extremely rare throughout the 20th century, although there were reports of increased criminal activity in the 1980s and early 1990s with the influx of foreign laborers
, widening economic disparities, and greater contact with foreign cultures.
Bhutanese legislation
Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
and treaties
Foreign relations of Bhutan
Bhutan has diplomatic relations with 27 states, and with the European Union.In 1971, sponsored by India, Bhutan began to develop its foreign relations by joining the UN, though it has no diplomatic relations with any of the permanent members on the UN Security Council...
. Prior to the enactment of the Constitution, laws were enacted by fiat of the King of Bhutan. The law of Bhutan originates in the semi-theocratic
Dual system of government
The Dual System of Government or Cho-sid-nyi is the traditional diarchal political system of Tibetan peoples whereby the Desi coexists with the spiritual authority of the realm, usually unified under a third single ruler. The actual distribution of power between institutions varied over time and...
Tsa Yig
Tsa Yig
The Tsa Yig is any monastic constitution or code of moral discipline based on codified Tibetan Buddhist precepts. Every Tibetan monastery and convent had its own Tsa Yig, and the variation in Tsa Yig content shows a degree of autonomy and internal democracy....
legal code, and was heavily influenced through the twentieth century by English common law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
. As Bhutan democratizes, its government has examined many countries' legal systems and modeled its reforms after their laws.
The supreme law of Bhutan is the Constitution of 2008
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
. Under the Constitution, laws are passed through a bicameral
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
process requiring the assent of the National Assembly
National Assembly of Bhutan
The National Assembly is the elected lower house of Bhutan's new bicameral Parliament which also comprises the Druk Gyalpo and the National Council. It is the more powerful house.- Current National Assembly :...
and National Council
National Council of Bhutan
The National Council is the upper house of Bhutan's new bicameral Parliament, which also comprises the Druk Gyalpo and the National Assembly. It is the subordinate house, and cannot author monetary or budget-related bills...
of Parliament
Parliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
, as well as the assent of the King. The final authority on law of Bhutan and its interpretation is the Supreme Court
Supreme Court of Bhutan
The Supreme Court of Bhutan is the Kingdom's highest court of review and interpreter of the Constitution. The Supreme Court consists of one Chief Justice and five Drangpons...
. Laws enacted in Bhutan prior to the Constitution of 2008 remain intact insofar as they do not conflict with the Constitution.
Much of Bhutanese law is premised on promoting Gross National Happiness
Gross national happiness
The assessment of gross national happiness was designed in an attempt to define an indicator that measures quality of life or social progress in more holistic and psychological terms than only the economic indicator of gross domestic product .-Origins and meaning:The term...
, a fundamental principle of the Constitution.
The law of Bhutan is enforced by the national police, established in 1965. The judicial system of Bhutan
Judicial system of Bhutan
The judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008...
, namely the Royal Court of Justice, brings and hears cases and interprets the law of Bhutan. Agencies
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
of Ministries within the Lhengye Zhungtshog
Lhengye Zhungtshog
The Lhengye Zhungtshog is the highest executive body in Bhutan. It was created in 1999 by Jigme Singye Wangchuck, the fourth King of Bhutan....
(Cabinet) as well as independent Commissions are established by law to implement relevant laws, provide regulations, and establish procedural frameworks.
Sources of law
Bhutanese legislationBhutanese legislation
Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
is the source of Bhutanese domestic law, including civil, criminal, and administrative law. Bhutanese legislation is created by the bicameral Parliament of Bhutan
Parliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
. Either the upper house National Council
National Council of Bhutan
The National Council is the upper house of Bhutan's new bicameral Parliament, which also comprises the Druk Gyalpo and the National Assembly. It is the subordinate house, and cannot author monetary or budget-related bills...
, the lower house National Assembly
National Assembly of Bhutan
The National Assembly is the elected lower house of Bhutan's new bicameral Parliament which also comprises the Druk Gyalpo and the National Council. It is the more powerful house.- Current National Assembly :...
, or the Attorney General
Attorney General of Bhutan
The Office of the Attorney General of Bhutan is the legal arm of the executive branch of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan...
may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the National Assembly. Acts passed predating the enactment of the Constitution
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
in 2008 were passed under different procedures, some originating as promulgations by the King as indicated in their preamble.
Under Article 20 of the Constitution of Bhutan
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
, foreign relations of Bhutan
Foreign relations of Bhutan
Bhutan has diplomatic relations with 27 states, and with the European Union.In 1971, sponsored by India, Bhutan began to develop its foreign relations by joining the UN, though it has no diplomatic relations with any of the permanent members on the UN Security Council...
under the purview of the Druk Gyalpo on the advice of the Executive, namely the Prime Minister and other Ministers of the Lhengye Zhungtshog
Lhengye Zhungtshog
The Lhengye Zhungtshog is the highest executive body in Bhutan. It was created in 1999 by Jigme Singye Wangchuck, the fourth King of Bhutan....
including the Minister of Foreign Affairs
Ministry of Foreign Affairs (Bhutan)
The Ministry of Foreign Affairs is the Bhutanese government ministry which oversees the foreign relations of Bhutan.- External links :*...
. Treaties of Bhutan
Foreign relations of Bhutan
Bhutan has diplomatic relations with 27 states, and with the European Union.In 1971, sponsored by India, Bhutan began to develop its foreign relations by joining the UN, though it has no diplomatic relations with any of the permanent members on the UN Security Council...
predating the Constitution of 2008 remain in force, however any treaties adopted after its enactment must be ratified by Parliament
Parliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
.
Contracts
Prima facie requirements of Bhutanese contractContract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s, termed "written agreements," are governed by provisions of Evidence Act of 2005. Valid written agreements must be made in the presence of one witness of each party; be signed by all parties or another person duly empowered by a legally binding writing in that behalf; and be executed with a legal stamp. A contract is invalid if it has an erased word; has an alteration that is not counter-signed; has a defective seal or signature; lacks the proper legal stamp
Seal (contract law)
In the law, a seal affixed to a contract or other legal instrument has had special legal significance at various times in the jurisdictions that recognise it...
; is made while a party is a minor, mentally unsound, or under duress; is objected to by any party in court within 10 days; is executed in breach of law or to conceal an illegal act; or otherwise fails to conform to any other requirement by law.
Property laws
Broadly, Bhutanese law divides property into three types: movable (chattels), immovable (real propertyReal property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
), and intellectual
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
. Additionally, Bhutan has codified legislation on specific subtypes of property, such as livestock
Livestock
Livestock refers to one or more domesticated animals raised in an agricultural setting to produce commodities such as food, fiber and labor. The term "livestock" as used in this article does not include poultry or farmed fish; however the inclusion of these, especially poultry, within the meaning...
, and on general property-related transactions, such as security interest
Security interest
A security interest is a property interest created by agreement or by operation of law over assets to secure the performance of an obligation, usually the payment of a debt. It gives the beneficiary of the security interest certain preferential rights in the disposition of secured assets...
s.
Bhutanese hypothec
Hypothec
Hypothec is a mortgage in Roman and Scots law, in other words, a legal right over a debtor's property that however remains in the debtor's possession....
s, loans, and pledges of movable and immovable property, including mortgages and secured transaction
Secured transaction
Generally, a secured transaction is a loan or a credit transaction in which the lender acquires a security interest in collateral owned by the borrower and is entitled to foreclose on or repossess the collateral in the event of the borrower's default. The terms of the relationship are governed by a...
s, are governed according to the Moveable and Immovable Property Act of 1999 and Land Act of 2007. These types of security interest are generally the purview of the Royal Court of Justice. Bhutanese law includes normative definitions and procedures for attachment and perfection of security interests as well as types of security interests, such as purchase money security interests. The law also covers default, foreclosure, deficiency, redemption, and allocation of risk of loss in modern terms. Notably, non-citizens are prohibited from taking a security interest in immovable property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
without prior government approval. Also notably, Bhutanese law provides for tolling of interest for mortgagees while incarcerated, and extends some redemption rights to family members of the debtor.
The Land Act of 2007 establishes the National Land Commission as the government agency overseeing land ownership and transactions. The Commission is composed of the Secretaries of the Ministries of Agriculture, Works and Human Settlements, Finance, Trade and Industry, and Home and Cultural Affairs
Ministry of Home and Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs is the government ministry within the Lhengye Zhungtshog which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the...
, along with some six other representatives from various public and private interest groups. The Commission oversees land transfers, mortgages, easements, and the national land register ("chhazhag sathram" or "thram"). The Commission also issues deeds of land title ("lag thram") and has surveys conducted for registered lands.
Subject to certain limitations, Bhutanese citizens are free to conduct environmentally sound agricultural and commercial activities on the land they own, as well as enter into transactions such as sales and leases. Additionally, the Royal Government is authorized to lease out its reserves for grazing and pasture management ("tsamdro" lands). Land use must generally be licensed by appropriate authorities; for example, commercial agriculture must be licensed by the Ministry of Agriculture. The law imposes a ceiling on land ownership, and provides exemptions for the royal family
House of Wangchuck
The House of Wangchuck has ruled Bhutan since it was reunified in 1907. Prior to reunification, the Wangchuck family had governed the district of Trongsa as descendants of Dungkar Choji. They eventually overpowered other regional lords and earned the favour of the British Empire...
, government institutions, religious agencies and institutions, and Bhutanese corporations. Because of this ceiling, the law also provides a grace period to dispose of inherited land, or alternatively, intestate succession to the second in line. Under Bhutanese law, all mineral rights are vested in the state
State ownership
State ownership, also called public ownership, government ownership or state property, are property interests that are vested in the state, rather than an individual or communities....
, and the Mines and Minerals Management Act and other laws regulate their use and management. Contiguous lots of land under common ownership may be merged only with local government approval. Further limits on land ownership include escheat
Escheat
Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognised ownership...
in the event of intestacy
Intestacy
Intestacy is the condition of the estate of a person who dies owning property greater than the sum of their enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of...
("tsatong" lands), non-use of land for 3 years, and non-payment of land taxes.
The reigning Druk Gyalpo is empowered to grant kidu, or parcels of land, and may also grant plots for land rehabilitation purposes.
Tenancies and other estates in land less than outright ownership
Fee simple
In English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...
are governed by the Tenancy Act of 2004, and by Land Act of 1979 where incorporated by Tenancy Act. Under these laws, tenancies must be supported by a written lease with definite terms. Tenancies entail several rights and obligations for tenant and landlord, enumerated by statute. These include many rights similar to common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
guarantees, such as the tenant's right of "peaceful enjoyment" and duty to refrain from nuisance and dangerous activities. These also include remedies such as lease cancellation and rent abatement for a landlord's breach of warranty of habitability, and eviction for tenant's breach of duty to pay rent over two months. In Bhutan, however, sub-leases are unlawful. Notably, tenancies pass according to a set order upon the death of the leaseholder. Bhutanese law also contains provisions on rents the limit annual increases to 10 percent of the monthly rent. Tenancies are regulated by the Tenancy Authority, an agency of the Ministry of Works and Human Settlement.
Intellectual property
Intellectual property law is seen mainly in the Copyright Act and Industrial Property Act of 2001. Under the Copyright Act, Bhutanese copyright protection lasts for the life of the author, plus fifty years after death; in the case of joint authors, it lasts for fifty years after the death of the last author. Collective and anonymous works are protected for fifty years after publication. Applied art is protected for twenty-five years from creation. Bhutanese intellectual property law recognizes both economic and moral rights of the author; the former is freely assignable in whole or in part.Bhutan protects other types of intellectual property, such as patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
s, trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
s, trade dress
Trade dress
Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers...
, and industrial design
Industrial design
Industrial design is the use of a combination of applied art and applied science to improve the aesthetics, ergonomics, and usability of a product, but it may also be used to improve the product's marketability and production...
, through the Industrial Property Act.
The Intellectual Property Division of the Ministry of Economic Affairs is responsible for maintaining registration and upholding intellectual property law. The Division cites low levels of awareness and innovation along with poor coordination among stakeholders as hampering the development of intellectual property in Bhutan. It launched its registration system for industrial design in 2009, and had registered two designs as of April 2011.
Corporate law
Bhutan has regulated corporationCorporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s since 1989, most recently under the Companies Act of 2000. Corporations and other legal entities are overseen by the Ministry of Trade and Industry and its various subsidiary agencies
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
. Within the government of Bhutan, the Minister of Trade and Industry represents his ministry in the Lhengye Zhungtshog
Lhengye Zhungtshog
The Lhengye Zhungtshog is the highest executive body in Bhutan. It was created in 1999 by Jigme Singye Wangchuck, the fourth King of Bhutan....
(Executive Cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
).
Bhutanese law regulates incorporation, capital, debentures, shares and issuance of stock and securities, corporate management and accounting, directorships, mergers and acquisitions
Mergers and acquisitions
Mergers and acquisitions refers to the aspect of corporate strategy, corporate finance and management dealing with the buying, selling, dividing and combining of different companies and similar entities that can help an enterprise grow rapidly in its sector or location of origin, or a new field or...
, and dissolution. Notably, licensure to commence business as a Bhutan corporation requires the discretionary approval of the Minister of Trade and Industry; imposes joint and several liability upon directors for ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
conduct; and prohibits unsecured debentures. The bulk of Bhutanese corporate law, however, is identical to those of modern nations, including statutory shareholder inspection rights, the dichotomy between "equity shares" (common
Common stock
Common stock is a form of corporate equity ownership, a type of security. It is called "common" to distinguish it from preferred stock. In the event of bankruptcy, common stock investors receive their funds after preferred stock holders, bondholders, creditors, etc...
) and preference share
Preferred stock
Preferred stock, also called preferred shares, preference shares, or simply preferreds, is a special equity security that has properties of both an equity and a debt instrument and is generally considered a hybrid instrument...
s, and solvency doubly defined as the ability to pay debts as they become due and as the excess of assets against debts. (Cf. general corporate
Corporate law
Corporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another. Corporate law is a part of a broader companies law...
and insolvency
Insolvency
Insolvency means the inability to pay one's debts as they fall due. Usually used to refer to a business, insolvency refers to the inability of a company to pay off its debts.Business insolvency is defined in two different ways:...
laws)
Since 2007, Bhutan has separately regulated civil society organizations ("CSOs"). These include association
Voluntary association
A voluntary association or union is a group of individuals who enter into an agreement as volunteers to form a body to accomplish a purpose.Strictly speaking, in many jurisdictions no formalities are necessary to start an association...
s, societies, foundations, charitable trust
Charitable trust
A charitable trust is an irrevocable trust established for charitable purposes, and is a more specific term than "charitable organization".-United States:...
s, nonprofit organization
Nonprofit organization
Nonprofit organization is neither a legal nor technical definition but generally refers to an organization that uses surplus revenues to achieve its goals, rather than distributing them as profit or dividends...
s or other entities outside government that do not distribute any income or profits to their members, founders, donors, directors or trustees. Excluded from CSO status are trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
s, political parties
Political Parties
Political Parties: A Sociological Study of the Oligarchical Tendencies of Modern Democracy is a book by sociologist Robert Michels, published in 1911 , and first introducing the concept of iron law of oligarchy...
, cooperative
Cooperative
A cooperative is a business organization owned and operated by a group of individuals for their mutual benefit...
s, and religious organizations devoted primarily to religious worship. Rather, the latter group is separately regulated under the Religious Organizations Act of 2007, which aims to protect and preserve the spiritual heritage of Bhutan through providing for the registration and administration of religious organizations. To meet those goals, the Act creates the Chhoedey Lhentshog as the regulatory authority on religious organizations. This body regulates, monitors, and keeps records on all religious organizations in Bhutan, which are in turn required to register and maintain specified corporate formalities
Corporate personhood
Corporate personhood is the status conferred upon corporations under the law, which allows corporations to have rights and responsibilities similar to those of a natural person. There is a question about which subset of rights that are afforded to natural persons should also be afforded to...
.
Citizenship and immigration law
Bhutanese citizenship and immigration laws are found in the Citizenship Act of 1985 and Immigration Act of 2007, respectively. The Bhutanese citizenship law is generally an ambilineal jus sanguinisJus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
law, meaning it is transmitted by parentage as opposed to place of birth, and requires that both parents be Bhutanese. The law also requires continuous registration in local registers. Naturalization requires cultural familiarity and assimilation and allegiance to the Druk Gyalpo. Immigration laws establish a visa schedule and divide aliens into immigrant and non-immigrant categories. They also empower immigration inspectors with broad authority to prosecute offenders, and to detain and search persons and places, both public and private.
Election and government law
Bhutanese law also treats elections and governments, from elections of local governments to national elections and referenda. The sole subject matter that is forbidden to national referenda is taxation. Bhutan is composed of single-member constituencies that elect representatives at the local levels – thromdeThromde
A thromde is a third-level administrative division in Bhutan. The legal administrative status of thromdes was most recently codified under the Local Government Act of 2009, and the role of thromdes in elections in Bhutan was defined in the Election Act of 2008.-Thromde administration:Thromde...
(municipality), gewog
Gewog
A gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
(village block), and dzongkhag
Dzongkhag
A dzongkhag is an administrative and judicial district of Bhutan. The twenty dzongkhags of Bhutan are further divided into 205 gewogs. Some larger dzongkhags have one or more of an intermediate judicial division, known as dungkhags , which themselves comprise two or more gewogs...
(district) – as well as the national level – Parliament
Parliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
. Election laws establish the eligibility of candidates, parties, and voters, as well as the procedures for voting, counting, and disputing ballots. While the national Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
alone has lawmaking authority, many powers including taxation, rulemaking, and law enforcement, have been devolved to elected local governments since the 1990s.
Employment and labor law
Within the Bhutanese government, the Ministry of Labour and Human Resources, Labour Administration, implements labor laws, formulates labor regulations, inspects workplaces, and advises employers and employees of their rights and obligations. The Labour Administration is headed by the Chief Labour Administrator.Employment and labor law are codified in the Labour and Employment Act of 2007 and provisions of the Wage Act of 1994 that remain unrepealed. Provisions from 1994 that remain unrepealed include facilities and benefits laws including an eight-hour work day, one paid day off for every six worked, insurance and transportation costs borne by the employer, and the basic workman's compensation scheme. Also intact remains a foreign worker ceiling of 30,000 "skilled persons and technicians not available within Bhutan."
Bhutanese labor law prohibits compulsory labor, except for by prisoners or by people as required for "important local and public celebrations." The practice of zhabto lemi (Dzongkha: ཞབས་ཏོག་ལས་མི་; Wylie
Wylie transliteration
The Wylie transliteration scheme is a method for transliterating Tibetan script using only the letters available on a typical English language typewriter. It bears the name of Turrell V. Wylie, who described the scheme in an article, A Standard System of Tibetan Transcription, published in 1959...
: zhabs-tog las-mi; "free service; voluntary worker"), a kind of compulsory labor
Corvée
Corvée is unfree labour, often unpaid, that is required of people of lower social standing and imposed on them by the state or a superior . The corvée was the earliest and most widespread form of taxation, which can be traced back to the beginning of civilization...
in rural areas for public purposes, was abolished in 2009.
The law also prohibits discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
and sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
.
Worker rights
Bhutanese labor law includes mandatory workman's compensation, pensions, wages and hours including overtime; universal rules on leave, including maternity and nursing leave; and comprehensive provisions on employment contracts and related rights and remedies. The law explicitly places the financial burden of ensuring occupational health and safety on the employer, and requires accident and safety reporting.Bhutanese labor law also permits the formation of workers' associations by any group of 12 or more workers under a legal work contract. These labor associations are permitted to engage in collective bargaining, and to be represented by a non-management employee of their ranks. In the event of an unresolvable dispute, the Chief Labour Administrator is empowered to intervene as conciliator. Settlement may otherwise be reached by resorting to the Royal Court of Justice.
Child labor
Although child laborChild labor
Child labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries...
is not banned outright, particularly unconscionable practices such as child trafficking, child prostitution, hard labor, night work, and dangerous and unhealthy working conditions are specifically banned. The minimum age for unrestricted work is 18 years. In practice, child labor is common on farms, in shops, and at schools themselves. As of 2009, the UNHCR and UNICEF had found children working at road construction sites, automobile workshops, restaurants and as street vendors; some children were also used in sexual exploitation.
To redress to these conditions, the National Commission for Women and Children works to provide these children with stable households, educational opportunities, and shelter on a monthly basis. The same government agency also oversees foster homes and adoptions of orphans and exploited children.
Foreign workers
Bhutanese law prohibits the employment of foreigners without permits from the Chief Labour Administrator. The Ministry of Labour and Human Resources is empowered to set maximum numbers of foreigners who may work in Bhutan, and may limit the number of foreigners working in any particular field or industry. The Ministry of Home and Cultural AffairsMinistry of Home and Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs is the government ministry within the Lhengye Zhungtshog which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the...
, Department of Immigration, also oversees and coordinates all foreign workers in Bhutan.
Family law
Family law is largely a matter of custom, however customary family practices are largely supplemented and superseded by the Marriage Act of 1980, placing marriage largely within the jurisdiction of courts.The Marriage Act foremost states that persons have "the right to marry any other person, irrespective of status, caste, wealth or appearance," with the exceptions of minority (under 18 for males, under 16 for females) and prohibited consanguinity
Consanguinity
Consanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...
. Whether the marriage is contracted according to the customary rites and rituals, following an engagement, or a "love marriage," the law requires couples to obtain a marriage certificate ("nyentham") from a local court or gup (village headman) in order to be legally married. Requirements for certification include the endorsement of a surety, and that the couple consist of one male bridegroom and one female bride per marriage. Other restrictions on marriage include a limit of three marriages for parties whose marriages repeatedly end in divorce due to their own misconduct. Remarriage requires the consent of the former spouse, and when widowed, a waiting period of one year. Notably, women in Bhutan may by custom be married to several husbands, however they are allowed only one legal husband. The legal status of married couples among polygamous and polyandrous households impacts the division of property upon divorce and survivorship, as well as general admissibility of the marital relationship in courts.
In addition to marriage, the Marriage Act thoroughly treats adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
, sexual assaults, separation
Legal separation
Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order, which can be in the form of a legally binding consent decree...
, divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
, child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
, child custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
, and a host of compensable offenses. Adultery by a married man is not compensable as adultery in Bhutanese law, however adultery and attempted adultery with a married woman must be compensated by payment ("gawo") from the third party to the husband; when a married woman commits adultery with a religious celibate, both additionally face a six-month term of "rigorous imprisonment." No compensation is permitted, however, if a husband learns of the adultery only after divorce has been granted or if a husband is imprisoned for more than three years (i.e., for a felony). Women receive compensation only when their husbands leave them to legally marry another woman.
Separation
Legal separation
Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order, which can be in the form of a legally binding consent decree...
requires a payment generally by the party seeking divorce, the amount depending on the length of the marriage, except in the case of spouses separating to take vows of religious celibacy, and in the case of at-home spouses seeking divorce from absent spouses. Separation costs are otherwise imposed on violent spouses, on third parties who induce the divorce, and on wives who admit guilt in adultery. The divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
itself is presented as a deed of divorce ("yikthi"). Divorces are also granted for spouses of those who commit adultery by fraud and rape. Mothers of both legitimate and illegitimate children are entitled to compensation from unwed, separated, or divorced fathers. In the event of maternal mortality, the law imposes a duty on the biological father to pay fines to her family and to raise his child if her family is unable.
The law also provides for compensation and imprisonment for sexual assault, rape, and the death of victims. However rape victims are required to report their attack within 24 hours, and receive Nu.300 in compensation. Protection is somewhat greater for married women: they collect twice the "gawo" compensation, and their husbands are able to collect compensation as well. Under Bhutanese law, married persons cannot be guilty of spousal rape
Spousal rape
Marital rape, also known as spousal rape, is non-consensual sex in which the perpetrator is the victim's spouse. As such, it as a form of partner rape, of domestic violence, and of sexual abuse. Once widely condoned or ignored by law, spousal rape is now repudiated by international conventions and...
. Notably, the Marriage Act protects husbands' mistresses ("aro-garo"), specifically providing fines for wives who harm the person or property of their husbands' mistresses.
The Constitution of Bhutan
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
prohibits persons married to non-citizens from holding office by election or by royal appointment (Constitutional Offices). The Marriage Act mandates a special court petition for Bhutanese desiring to marry non-citizens. The same law imposes a total restriction on promotion for government workers who marry non-citizens, as well as the discharge of any government worker in defense or foreign relations. It also deprives the Bhutanese citizen of many government-related benefits, from land allotment ("kidu"), seeds, and loans, to public and foreign-sponsored education. Bhutanese marriage law prohibits international couples from propagating any religion other than the state religion, Drukpa Kagyu Buddhism
Buddhism
Buddhism is a religion and philosophy encompassing a variety of traditions, beliefs and practices, largely based on teachings attributed to Siddhartha Gautama, commonly known as the Buddha . The Buddha lived and taught in the northeastern Indian subcontinent some time between the 6th and 4th...
, and requires the non-citizen spouse to adopt Bhutanese traditions and customs.
Tax law
Bhutanese law generally provides for individual and corporate taxation based on income, sales, imports, and movable and immovable property. The tax scheme is established by ParliamentParliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
, overseen by the Ministry of Finance, and implemented by its Department of Revenue and Customs.
As of 2011, Bhutan's Corporate Income Tax rate was 30 percent on net profits; in addition, the Business Income Tax was another 30 percent on net profits. As for individual taxation, the Department of Revenue and Customs imposes no taxes on the first Nu.100,000 of income; taxes up to Nu.250,000 at 10%; up to Nu.500,000 at 15%; up to Nu.1,000,000 at 20%; and Nu.1,000,001 and above at 25%. In addition, property transfers
Transfer tax
A transfer tax is a tax on the passing of title to property from one person to another.In a narrow legal sense, a transfer tax is essentially a transaction fee imposed on the transfer of title to property. This kind of tax is typically imposed where there is a legal requirement for registration of...
are taxed at 5%. Rural taxes are also imposed on land, houses, and cattle. Other direct duties includes the motor vehicle tax, foreign travel tax, royalties
Royalties
Royalties are usage-based payments made by one party to another for the right to ongoing use of an asset, sometimes an intellectual property...
, business and professional licenses
Licensure
Licensure refers to the granting of a license, which gives a "permission to practice." Such licenses are usually issued in order to regulate some activity that is deemed to be dangerous or a threat to the person or the public or which involves a high level of specialized skill...
, health contribution taxes, and municipal taxes.
Bhutanese law requires payment of sales tax
Sales tax
A sales tax is a tax, usually paid by the consumer at the point of purchase, itemized separately from the base price, for certain goods and services. The tax amount is usually calculated by applying a percentage rate to the taxable price of a sale....
and excise
Excise
Excise tax in the United States is a indirect tax on listed items. Excise taxes can be and are made by federal, state and local governments and are far from uniform throughout the United States...
s on goods and services within Bhutan as well as customs
Customs
Customs is an authority or agency in a country responsible for collecting and safeguarding customs duties and for controlling the flow of goods including animals, transports, personal effects and hazardous items in and out of a country...
on imports according to rates and schedules published by the Ministry of Finance. The law also provides Department of Revenue and Customs agents broad authority to inspect, confiscate, demand accounting, and to detain, fine, and prosecute those who contravene the tax laws. The law further forth a procedural framework for resolving disputes, which may be appealed to the Royal Court of Justice.
As part of Bhutan's program of decentralization, local governments and municipalities – including dzongkhag
Dzongkhag
A dzongkhag is an administrative and judicial district of Bhutan. The twenty dzongkhags of Bhutan are further divided into 205 gewogs. Some larger dzongkhags have one or more of an intermediate judicial division, known as dungkhags , which themselves comprise two or more gewogs...
s, gewog
Gewog
A gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
s, and thromde
Thromde
A thromde is a third-level administrative division in Bhutan. The legal administrative status of thromdes was most recently codified under the Local Government Act of 2009, and the role of thromdes in elections in Bhutan was defined in the Election Act of 2008.-Thromde administration:Thromde...
s, have been authorized to collect property, services, and transactional taxes since at least 1991. Notably, the Local Government Act of 2009
Local Government Act of Bhutan 2009
The Local Government Act of Bhutan was enacted on September 11, 2009, by parliament of Bhutan in order to further implement its program of decentralization and devolution of power and authority.Local Gov't Act 2008: Preamble It is the most recent reform of the law on Bhutan's administrative...
allows thromde
Thromde
A thromde is a third-level administrative division in Bhutan. The legal administrative status of thromdes was most recently codified under the Local Government Act of 2009, and the role of thromdes in elections in Bhutan was defined in the Election Act of 2008.-Thromde administration:Thromde...
s (municipalities) to levy a separate tax on vacancy and underdevelopment.
Other legislation authorizes or imposes taxes against particular subject matter. For example, the Tobacco Control Act of 2010
Tobacco Control Act of Bhutan 2010
The Tobacco Control Act of Bhutan was enacted by parliament on June 16, 2010.Tobacco Control Act : § 1 It regulates tobacco and tobacco products, banning the cultivation, harvesting, production, and sale of tobacco and tobacco products in Bhutan...
requires persons importing tobacco to pay a tax and to furnish proof of payment upon demand. Like many such laws, the Tobacco Control Act defines a set of offenses and penalties for contravening its taxation provisions.
Criminal law
There are many sources of criminal law in Bhutanese legislationBhutanese legislation
Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
. The highest legal authority, the Constitution of Bhutan
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
, prohibits capital punishment
Capital punishment in Bhutan
In Bhutan, capital punishment has been abolished since March 20, 2004 and is currently prohibited by the 2008 Constitution. The prohibition appears among a number of fundamental rights guaranteed by the Bhutanese Constitution...
. Other acts of parliament
Parliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
criminalize specific acts and practices: for example, the Tobacco Act
Tobacco Control Act of Bhutan 2010
The Tobacco Control Act of Bhutan was enacted by parliament on June 16, 2010.Tobacco Control Act : § 1 It regulates tobacco and tobacco products, banning the cultivation, harvesting, production, and sale of tobacco and tobacco products in Bhutan...
criminalizes the cultivation, manufacture, and sale of tobacco
Tobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...
and tobacco products
Tobacco products
After tobacco has been processed, it is used to produce a number of different products.- Chewing tobacco :Chewing is one of the oldest ways of consuming tobacco leaves. Native Americans in both North and South America chewed the fresh leaves of the plant, frequently mixed with lime. Modern chewing...
, restricts public tobacco use, criminalizes non-health-related depictions of tobacco in motion media, and modifies the crime of smuggling to include possession of tobacco beyond a person's allotted limit; also, immigration- and customs-related criminal offenses and penalties, as well as quasi-criminal procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
for deportation
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
and detention, are enumerated in the Immigration Act of 2007.
The most comprehensive pieces of legislation codifying Bhutanese criminal law and procedure have been the National Security Act of 1992, the Civil and Criminal Procedure Code of 2001, and the Penal Code of 2004. The National Security Act pertains mostly to treason and speech crimes
Criminal speech
Criminal speech is a legal concept that identifies certain kinds of speech as a crime. The concept is somewhat at odds with freedom of speech in its broadest sense, within the broader freedom of expression, and asserts certain limitations on such freedom....
, and to unlawful assembly, rioting, and states of emergency. The Penal code classifies crimes according to severity, defines the elements and defenses to crimes, and provides a framework for sentencing criminals. The Code sets forth a criminal law framework analogous to that any modern common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdiction, for instance division of mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
into negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
, recklessness, and intent.
The classes of crimes defined by the Code are felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
, petty misdemeanor, and violation. Misdemeanors result in imprisonment for one year or more but less than three years; petty misdemeanors result in imprisonment for one month or more but less than one year; and violations result in a fine. Felonies are graded into four degrees. First degree felonies are punishable by prison terms of fifteen years to life; second degree felonies – nine to fifteen years; third degree felonies – five to nine years; and fourth degree felonies – three to five years.
Elements and defenses to crimes are codified thematically, along with their class and grading. For example, premeditated murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
is listed among "homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
," graded as a first degree felony; and unnatural sex, including sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
, is listed among "sexual offences," graded as a petty misdemeanor.
Law enforcement
Law enforcement is done mainly by the Royal Bhutan PoliceRoyal Bhutan Police
Law enforcement in Bhutan is the collective purview of several divisions of Bhutan's Ministry of Home and Cultural Affairs. Namely, the Ministry's Bureau of Law and Order, Department of Immigration, and Department of Local Governance are responsible for law enforcement in Bhutan...
, however the Royal Bhutan Army
Royal Bhutan Army
The Royal Bhutan Army , or RBA, is a branch of the armed forces of the Kingdom of Bhutan responsible for maintaining the country's territorial integrity and sovereignty against security threats. The King of Bhutan is the Supreme Commander in Chief of the RBA...
also maintains security in Bhutan. In addition, legislation
Bhutanese legislation
Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
has enabled several government agencies with varying degrees of law enforcement powers. For example, the Immigration Act of 2007 grants immigration inspectors broad discretion and authority to inspect and arrest, while the Tobacco Control Act provides for enforcement of tobacco and smoking laws by local government
Local Government Act of Bhutan 2009
The Local Government Act of Bhutan was enacted on September 11, 2009, by parliament of Bhutan in order to further implement its program of decentralization and devolution of power and authority.Local Gov't Act 2008: Preamble It is the most recent reform of the law on Bhutan's administrative...
s.
Court system
The judiciary of Bhutan is the Royal Court of Justice, consisting of the Supreme Court of BhutanSupreme Court of Bhutan
The Supreme Court of Bhutan is the Kingdom's highest court of review and interpreter of the Constitution. The Supreme Court consists of one Chief Justice and five Drangpons...
, the High Court of Bhutan
High Court of Bhutan
Under the 2008 Constitution, the High Court of Bhutan consists of the Chief Justice and eight Drangpons . The Chief Justice and Drangpons of the High Court are appointed from among juniors, peers, and eminent jurists by the Druk Gyalpo...
, the twenty Dzongkhag Court
Dzongkhag Court
The Dzongkhag Court exists in each of Bhutan's 20 Dzongkhags, and is the court of first instance of the Royal Court of Justice in 14 of the 20 Dzongkhags of Bhutan. In the remaining 6 Dzongkhags there exists a further subdivision, Dungkhag, which is the basic level of judicial administration in...
s, and some sixteen Dungkhag Court
Dungkhag Court
The Dungkhag Court is the court of first instance of the Royal Court of Justice in 6 of the 20 Dzongkhags of Bhutan which have Dungkhag administrative divisions; in the remaining 14 Dzongkhags, the Dzongkhag Court is the court of first instance. There are a total of 13 Dungkhags in the 6...
s. Where Dungkhag Courts have geographical jurisdiction (dungkhag
Dungkhag
A dungkhag is a sub-district of a dzongkhag of Bhutan. The head of a dungkhag is a Dungpa...
s, "sub-districts"), they are the courts of first instance; in all other places, the Dungkhag Court is the court of first instance.
The Chief Justice and Drangpons (Associate Justices) of the Supreme Court, as well as judges of the High Court
High Court
The term High Court usually refers to the superior court of a country or state. In some countries, it is the highest court . In others, it is positioned lower in the hierarchy of courts The term High Court usually refers to the superior court (or supreme court) of a country or state. In some...
and Dzongkhag Court
Dzongkhag Court
The Dzongkhag Court exists in each of Bhutan's 20 Dzongkhags, and is the court of first instance of the Royal Court of Justice in 14 of the 20 Dzongkhags of Bhutan. In the remaining 6 Dzongkhags there exists a further subdivision, Dungkhag, which is the basic level of judicial administration in...
s below, are appointed by the Druk Gyalpo. The Chief Justice sits for 5 years, but all others sit for 10 or until mandatory retirement.
Within the court system, the government of Bhutan and its organs are advised and represented in civil and criminal proceedings by the Attorney General of Bhutan
Attorney General of Bhutan
The Office of the Attorney General of Bhutan is the legal arm of the executive branch of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan...
. The Attorney General is appointed by the King of Bhutan on the advice of the Prime Minister. The Attorney General Act of 2006, wholly incorporated by the Constitution of 2008
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
, tasks the Attorney General with prosecuting crimes, safeguarding the impartiality of the judicial process, and disseminating information about the law among the people. The Attorney General also drafts Bhutanese legislation
Bhutanese legislation
Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
for submission to parliament, reviews legislation authored in parliament, and advises all levels of government regarding judicial decisions.
In the Bhutanese judicial system, civil and criminal procedure are defined by the Civil and Criminal Procedure Code of 2001. Foremost, the Code provides for open trials, equal protection of the laws, impartiality, and habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petition rights. Both civil and criminal trials in Bhutan are decided by one or more judges. After final appeal in the court system, the Code provides for appeal to the Druk Gyalpo.
The Code's civil procedure section further provides venue, jurisdiction, and pleadings rules. Many aspects are identical to common law procedure, namely the United States Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
, including terminology for claims, pleadings, and motions. In civil actions, the parties are at all times able to resolve their disputes before local government mediators.
Legal profession
The Constitution guarantees all persons the right to consult and be represented by a Bhutanese jabmi (attorney) of their choice. The legal professionLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
is regulated by the Jabmi Act. The body which regulates the legal profession is defined as the Jabmi Tshogdey, analogous to a bar association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
. All jabmi must be members of this body in good standing, and the Act sets forth several requirements for membership. All jabmi must be Bhutanese citizens; persons of integrity, good character and reputation; not addicted to drugs; not of unsound mind or of mental infirmity; not adjudged bankrupt; not sentenced for criminal offences; have legal qualification recognized by the Jabmi Tshogdey; have undergone the National Legal Course; and have passed the Bar selection examinations.
History
The history of the law of Bhutan extends to the country's formation in the 17th century. Founder Shabdrung Ngawang Namgyal's regime was bound by a legal code called the Tsa YigTsa Yig
The Tsa Yig is any monastic constitution or code of moral discipline based on codified Tibetan Buddhist precepts. Every Tibetan monastery and convent had its own Tsa Yig, and the variation in Tsa Yig content shows a degree of autonomy and internal democracy....
, which described the spiritual and civil regime and provided laws for government administration and for social and moral conduct. The duties and virtues inherent in the Buddhist dharma
Dharma
Dharma means Law or Natural Law and is a concept of central importance in Indian philosophy and religion. In the context of Hinduism, it refers to one's personal obligations, calling and duties, and a Hindu's dharma is affected by the person's age, caste, class, occupation, and gender...
(religious law) played a large role in the new legal code, which remained in force until the 1960s. The recent and current enforcement of the Driglam Namzha
Driglam namzha
The Driglam Namzha is the official behaviour and dress code of the Kingdom of Bhutan. It governs how citizens should dress in public and how they should behave in formal settings. It also regulates a number of cultural assets such as art and architecture...
, the code which governs the dress and behavior in public, may be seen as a part of Shabdrung Ngawang Namgyal's wider legal legacy in Bhutan.
The Tsa Yig
Tsa Yig
The Tsa Yig is any monastic constitution or code of moral discipline based on codified Tibetan Buddhist precepts. Every Tibetan monastery and convent had its own Tsa Yig, and the variation in Tsa Yig content shows a degree of autonomy and internal democracy....
was revised in 1957 and ostensibly replaced with a new code in 1965. The 1965 code, however, retained most of the spirit and substance of the 17th century code. Family problems, such as marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
, divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
, and adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
, usually were resolved through recourse to Buddhist or Hindu
Hindu
Hindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion...
religious law
Religious law
In some religions, law can be thought of as the ordering principle of reality; knowledge as revealed by a God defining and governing all human affairs. Law, in the religious sense, also includes codes of ethics and morality which are upheld and required by the God...
. In modern Bhutan, village heads often judged minor cases and dzongkhag
Dzongkhag
A dzongkhag is an administrative and judicial district of Bhutan. The twenty dzongkhags of Bhutan are further divided into 205 gewogs. Some larger dzongkhags have one or more of an intermediate judicial division, known as dungkhags , which themselves comprise two or more gewogs...
(district) officials adjudicated major crimes. The judicial system
Judicial system of Bhutan
The judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008...
's civil and criminal codes continued to be built upon the Tsa Yig. Strict censorship laws
Censorship in Bhutan
Censorship in Bhutan refers to the way in which the Government of Bhutan controls information within its borders. There are no laws that either guarantee citizens' right to information or define or structure censorship...
have been enforced comparable to those of Bhutan's South Asia
South Asia
South Asia, also known as Southern Asia, is the southern region of the Asian continent, which comprises the sub-Himalayan countries and, for some authorities , also includes the adjoining countries to the west and the east...
n neighbours.
Trials in the 1980s were public
Public trial
Public trial or open trial is a trial open to public, as opposed to the secret trial. The term should not be confused with show trial.-United States:...
, and it was the practice of the accuser and the accused each to put their cases in person to judges. There were no Jabmi (attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s) in Bhutan's legal system until the 1980s, and decisions were made on the facts of each case as presented by the litigants. Judges were responsible for investigations, filing of charges, prosecution, and judgment of defendants in an inquisitorial system
Inquisitorial system
An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense...
. Serious crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s were extremely rare throughout the 20th century, although there were reports of increased criminal activity in the 1980s and early 1990s with the influx of foreign laborers
Immigration in Bhutan
Immigration in Bhutan has an extensive history and has become one of the country's most contentious social, political, and legal issues. Since the twentieth century, Bhutanese immigration and citizenship laws have been promulgated as acts of the royal government, often by decree of the Druk Gyalpo...
, widening economic disparities, and greater contact with foreign cultures.
See also
- Bhutanese legislationBhutanese legislationBhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
- Constitution of BhutanConstitution of BhutanThe Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
- Royal Court of Justice
- Judicial system of BhutanJudicial system of BhutanThe judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008...
- Politics of BhutanPolitics of BhutanThe Government of Bhutan is a constitutional monarchy; between 1907 and the 1950s however, Bhutan was an absolute monarchy. The peaceful march to democracy has been a steady one. The King of Bhutan is head of state. Executive power is exercised by the Lhengye Zhungtshog, or council of ministers,...
- Censorship in BhutanCensorship in BhutanCensorship in Bhutan refers to the way in which the Government of Bhutan controls information within its borders. There are no laws that either guarantee citizens' right to information or define or structure censorship...
- Freedom of religion in BhutanFreedom of religion in BhutanThe Bhutanese Constitution of 2008 and previous law provide for freedom of religion in Bhutan, however the government has limited non-Buddhist missionary activity, barring non-Buddhist missionaries from entering the country, limiting construction of non-Buddhist religious buildings, and restricting...