Royal Bhutan Police
Encyclopedia
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. The Ministry of Home and Cultural Affairs is itself a part of the Bhutanese Lhengye Zhungtshog
, or Council of Ministers. Generally, law enforcement in Bhutan is the responsibility of executive
agencies
. As a means of enforcement, police and immigration authorities prosecute cases in the judicial system
through the Attorney General of Bhutan
.
Criminal law and procedure are established by acts of parliament
. The Parliament of Bhutan
has passed several acts regarding law enforcement and criminal law and procedure, namely the National Security Act of 1992, the Civil and Criminal Procedure Code of 2001, the Penal Code of 2004, the Constitution of 2008
, and the Prison Act of 2009. Numerous other issue-based acts, such as the Tobacco Control Act of Bhutan 2010
, also define crimes, penalties, and responsible enforcement agencies.
, however immigration and customs laws are also enforced by officers of the Department of Immigration. Under the Local Government Act of 2009
, local governments are also tasked with promulgation of rules, regulation, and some law enforcement. These local governments are liaised by the Department of Local Governance. In judicial proceedings, all law enforcement agencies are represented and advised by the Attorney General of Bhutan
.
is responsible for maintaining law and order and prevention of crime in Bhutan
. It was formed on 1 September 1965 with 555 personnel reassigned from the Royal Bhutan Army
. It was then called the "Bhutan Frontier Guards." Its independent statutory basis was first codified with the Royal Bhutan Police Act of 1980. This framework was repealed and replaced in its entirety by the Royal Bhutan Police Act of 2009. Under the Police Act of 2009, the police are divided into exclusive jurisdictions, an array of ranks, and field and special divisions. Police are also charged with administration and maintenance of the prisons of Bhutan according to the Prison Act of 2009.
, Dungkhag
, Gewog
, and municipal administrations in cases of arbitration and disputes.
Local governments for their part have regulating and rulemaking powers, including taxation
, which are locally enforceable.
. 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.
When deciding whether to prosecute cases under Bhutanese law, the Prosecution and Litigation Division of the Office of the Attorney General
first evaluates whether there exists a prima facie case – whether the elements of the offense are met. When a prima facie case is established, the matter is subjected to an "Evidential Test" and a "Public Interest Test." The "Evidential Test" requires sufficient to convict the accused, and that "any reasonable judge would, without compunctions, hold the accused guilty." The "Public Interest Test" requires further that such a prosecution would not have an adverse implication on the public.
on November 2, 1992 that superseded the provisions of the Thrimshung of 1957 pertaining to treason. Although its provisions regarding capital punishment were repealed in 2008, its other provisions regarding speech and unlawful assembly remain intact.
or life imprisonment those that engage in or attempt treasonable acts against the royal government, either within or outside Bhutan. It also metes out the same penalties for those who commit any overt act intending to aid and comfort enemies to deliberately and voluntarily betray the royal government. Under the act, whoever conspires within or outside Bhutan to commit any of these offenses is to be punished with imprisonment for up to ten years.
The Act also punishes those who undermine or attempt to undermine Bhutan's security by creating or inciting "hatred and disaffection," including by speech, with imprisonment for up to ten years. Speech and other acts that create "misunderstanding or hostility between the government and people of Bhutan and the Government and people of any foreign country" are punishable by up to five years' imprisonment. Furthermore, the Act allows up to three years' imprisonment for those who speak or act to promote or attempt to promote "feelings of enmity or hatred between different religious, racial or language groups or castes and communities, or commits any act which is prejudicial to the maintenance of harmony between different religious, racial or language groups or castes or communities, and which disturbs or is likely to disturb the public tranquility." As such, the Act criminalizes
hate speech
and propaganda
harmful to foreign relations
.
to command any unlawful assembly of five or more persons to disburse if they are likely to cause a disturbance of the peace. Unlawful assemblies are categorically defined as those that seek to overawe the government or its officers by force or show of force; and those that resist the execution of any law or legal process; and those that compel by force or show of force others to do what they are not legally bound to do. Violations are punishable by imprisonment for up to one year.
The Act defines rioting as the use of force by any member of an unlawful assembly in furtherance of the assembly's common object. The offense is punishable by imprisonment up to two years. Likewise, those armed with any deadly weapon as a member of an unlawful assembly are to be punished with imprisonment which may extend to two years.
Those guilty of rioting while armed with a deadly weapon are to be punished with imprisonment for up to three years.
Finally, the Act authorizes the Royal Government of Bhutan to declare a state of emergency covering any or all of Bhutan where "natural, social, political or economic factors compel the government to maintain public order."
on August 11, 2004. 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.
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.
Under the Act, the class and grading of the crime committed, along with a "value-based sentencing" schedule, generally inform the sentencing of criminals. Subsequent convictions for the same crime face sentencing enhancement by one degree. Fines are limited under the sentencing provisions, and the value of any damages is to factor into sentencing. When sentencing, courts are also allowed to consider mitigating and aggravating factors.
. Based on Buddhist religious law
, the Tsa Yig prohibited immoral crimes such as murder in regard to all persons, and prohibited other immoral acts such unchastity in regard to the Sangha
. As a modern nation, Bhutan revised the Tsa Yig in 1957 and ostensibly replaced it with a new code in 1965. The 1965 code, however, retained most of the spirit and substance of the 17th century code. In modern Bhutan, village heads often judged minor cases and dzongkhag
(district) officials adjudicated major crimes.
Bhutan
Bhutan , officially the Kingdom of Bhutan, is a landlocked state in South Asia, located at the eastern end of the Himalayas and bordered to the south, east and west by the Republic of India and to the north by the People's Republic of China...
's Ministry of 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...
. Namely, the Ministry's Bureau of Law and Order, Department of Immigration, and Department of Local Governance are responsible for law enforcement in Bhutan. The Ministry of Home and Cultural Affairs is itself a part of the Bhutanese 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....
, or Council of Ministers. Generally, law enforcement in Bhutan is the responsibility of executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
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...
. As a means of enforcement, police and immigration authorities prosecute cases in 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...
through 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...
.
Criminal law and procedure are established by acts of parliament
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...
. The 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...
has passed several acts regarding law enforcement and criminal law and procedure, namely the National Security Act of 1992, the Civil and Criminal Procedure Code of 2001, the Penal Code of 2004, 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...
, and the Prison Act of 2009. Numerous other issue-based acts, such as the Tobacco Control Act of Bhutan 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...
, also define crimes, penalties, and responsible enforcement agencies.
Law enforcement agencies
Law enforcement in Bhutan is carried out 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 immigration and customs laws are also enforced by officers of the Department of Immigration. Under 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...
, local governments are also tasked with promulgation of rules, regulation, and some law enforcement. These local governments are liaised by the Department of Local Governance. In judicial proceedings, all law enforcement agencies are represented and advised 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...
.
Royal Bhutan Police
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...
is responsible for maintaining law and order and prevention of crime in Bhutan
Bhutan
Bhutan , officially the Kingdom of Bhutan, is a landlocked state in South Asia, located at the eastern end of the Himalayas and bordered to the south, east and west by the Republic of India and to the north by the People's Republic of China...
. It was formed on 1 September 1965 with 555 personnel reassigned from 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...
. It was then called the "Bhutan Frontier Guards." Its independent statutory basis was first codified with the Royal Bhutan Police Act of 1980. This framework was repealed and replaced in its entirety by the Royal Bhutan Police Act of 2009. Under the Police Act of 2009, the police are divided into exclusive jurisdictions, an array of ranks, and field and special divisions. Police are also charged with administration and maintenance of the prisons of Bhutan according to the Prison Act of 2009.
Department of Immigration
The Department of Immigration is responsible for immigration, customs, and their enforcement. It implements regulations and policies relating to visas, foreign labor recruitment and inspection, importation of goods, and border security. Its officers are granted broad authority and discretion in policing both public and private spheres, at the border and within Bhutan.Department of Local Governance
The Department of Local Governance is indirectly involved in law enforcement in that it provides legal support and advice to the local DzongkhagDzongkhag
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...
, Dungkhag
Dungkhag
A dungkhag is a sub-district of a dzongkhag of Bhutan. The head of a dungkhag is a Dungpa...
, 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...
, and municipal administrations in cases of arbitration and disputes.
Local governments for their part have regulating and rulemaking powers, including taxation
Taxation in Bhutan
Taxation in Bhutan is conducted by the national government and by its subsidiary local governments. All taxation is ultimately overseen by the Bhutan Ministry of Finance, Department of Revenue and Customs,, which is part of the executive Lhengye Zhungtshog . The modern legal basis for taxation in...
, which are locally enforceable.
Criminal law in Bhutan
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.
When deciding whether to prosecute cases under Bhutanese law, the Prosecution and Litigation Division of the Office of 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...
first evaluates whether there exists a prima facie case – whether the elements of the offense are met. When a prima facie case is established, the matter is subjected to an "Evidential Test" and a "Public Interest Test." The "Evidential Test" requires sufficient to convict the accused, and that "any reasonable judge would, without compunctions, hold the accused guilty." The "Public Interest Test" requires further that such a prosecution would not have an adverse implication on the public.
National Security Act of 1992
The National Security Act is a series of sixteen articles enacted by the parliament of BhutanParliament 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...
on November 2, 1992 that superseded the provisions of the Thrimshung of 1957 pertaining to treason. Although its provisions regarding capital punishment were repealed in 2008, its other provisions regarding speech and unlawful assembly remain intact.
Treason and speech crimes
The Act condemns to deathCapital 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...
or life imprisonment those that engage in or attempt treasonable acts against the royal government, either within or outside Bhutan. It also metes out the same penalties for those who commit any overt act intending to aid and comfort enemies to deliberately and voluntarily betray the royal government. Under the act, whoever conspires within or outside Bhutan to commit any of these offenses is to be punished with imprisonment for up to ten years.
The Act also punishes those who undermine or attempt to undermine Bhutan's security by creating or inciting "hatred and disaffection," including by speech, with imprisonment for up to ten years. Speech and other acts that create "misunderstanding or hostility between the government and people of Bhutan and the Government and people of any foreign country" are punishable by up to five years' imprisonment. Furthermore, the Act allows up to three years' imprisonment for those who speak or act to promote or attempt to promote "feelings of enmity or hatred between different religious, racial or language groups or castes and communities, or commits any act which is prejudicial to the maintenance of harmony between different religious, racial or language groups or castes or communities, and which disturbs or is likely to disturb the public tranquility." As such, the Act criminalizes
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...
hate speech
Hate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
and propaganda
Propaganda
Propaganda is a form of communication that is aimed at influencing the attitude of a community toward some cause or position so as to benefit oneself or one's group....
harmful to foreign relations
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...
.
Unlawful assembly, rioting, and emergency
The Act authorizes the government to control public assembly to avoid breaches of the peace, namely by requiring prior licensure, prohibiting public assembly in certain government-controlled areas, and declaring curfews. It further authorizes any magistrate or police officer-in-chargeRoyal 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...
to command any unlawful assembly of five or more persons to disburse if they are likely to cause a disturbance of the peace. Unlawful assemblies are categorically defined as those that seek to overawe the government or its officers by force or show of force; and those that resist the execution of any law or legal process; and those that compel by force or show of force others to do what they are not legally bound to do. Violations are punishable by imprisonment for up to one year.
The Act defines rioting as the use of force by any member of an unlawful assembly in furtherance of the assembly's common object. The offense is punishable by imprisonment up to two years. Likewise, those armed with any deadly weapon as a member of an unlawful assembly are to be punished with imprisonment which may extend to two years.
Those guilty of rioting while armed with a deadly weapon are to be punished with imprisonment for up to three years.
Finally, the Act authorizes the Royal Government of Bhutan to declare a state of emergency covering any or all of Bhutan where "natural, social, political or economic factors compel the government to maintain public order."
Penal Code of 2004
The modern Bhutanese Penal Code was enacted 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...
on August 11, 2004. 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.
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.
Under the Act, the class and grading of the crime committed, along with a "value-based sentencing" schedule, generally inform the sentencing of criminals. Subsequent convictions for the same crime face sentencing enhancement by one degree. Fines are limited under the sentencing provisions, and the value of any damages is to factor into sentencing. When sentencing, courts are also allowed to consider mitigating and aggravating factors.
Historical legal codes
Bhutanese criminal law was first codified in the 16th century 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....
. Based on Buddhist religious law
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...
, the Tsa Yig prohibited immoral crimes such as murder in regard to all persons, and prohibited other immoral acts such unchastity in regard to the Sangha
Sangha
Sangha is a word in Pali or Sanskrit that can be translated roughly as "association" or "assembly," "company" or "community" with common goal, vision or purpose...
. As a modern nation, Bhutan revised the Tsa Yig in 1957 and ostensibly replaced it with a new code in 1965. The 1965 code, however, retained most of the spirit and substance of the 17th century code. 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.
See also
- Royal Bhutan PoliceRoyal Bhutan PoliceLaw 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...
- 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...
- Law of BhutanLaw of BhutanThe 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...
- Immigration in BhutanImmigration in BhutanImmigration 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...
- Capital punishment in BhutanCapital punishment in BhutanIn 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...
- 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...
- LGBT rights in BhutanLGBT rights in BhutanHomosexuality is illegal in Bhutan in the penal code of Bhutan and is punishable with a prison sentence from between one month to less than one year. The age of sexual consent is eighteen years....