Bhutanese Child Care and Protection Bill

Children in conflict with the law will have the option to undergo a diversion programme, instead of going through the judicial proceedings, according to the Child Care and Protection Bill, which was introduced to the ongoing National Council session on June 9.

The diversion, however, is applicable only if the alleged offence is not of a serious nature. The frequency and severity of the offence committed, safety of the community, among others, also determine whether the child can be considered for the programme.

The diversion programme would include restitution of property or reparation of the damage caused, written or oral apology, spending specific number of hours with family, compulsory school attendance, association with a person or institution, who can contribute to the child’s positive behaviour, participation in available community based programs and community services, and monitoring by a probation officer, identified by the court or the police.

Talking to Kuensel, Drangpon Jangchub Norbu, the legal advisor for the bill, said that the diversion programme was aimed at reintegration into society of a child in conflict with the law. The bill states that any arrest, detention or imprisonment of a child shall be used only as a measure of last resort, and for the shortest appropriate period of time.

The bill also proposes several homes, such as remand homes, special homes, closed facilities and aftercare homes for children in conflict with the law. A child justice court is also proposed.

While the bill focuses on children in conflict with the law, it also tries to address issues concerning children in difficult circumstances. A child in difficult circumstances is a child, who is a destitute, has unfit or incapacitated parents or guardians, associates with people leading a drunken, immoral or depraved life; or who is being or likely to be abused or exploited for immoral or illegal purposes, according to the bill.

A child in conflict with a law is a child, who is 13 years of age and above, and found to have committed an offence.

If a child below 13 years of age is arrested the child shall be immediately released to the parents or guardians, or in absence to their nearest relative, states the bill. No children under the age of 13 years can be handcuffed.

Arrested or detained child with or without warrant will have to be produced before the court within 24 hours of the arrest. The bill also states that a child can be released on bail or bond.

It also contains a section on offences against children, such as assault, battery, the invasion of a child’s privacy, prostitution, pornography, trafficking and providing narcotic and psychotropic or chemical substances to children.

Talking to Kuensel, the education minister, Lyonpo Thakur Singh Powdyel, also the chairperson of NCWC, said that the bill was founded on the principle of prevention being better than cure.

“Ideally, if all our children are able to grow up and develop in an environment of love and care, there’ll be fewer instances of children coming in conflict with law,” said the minister. “The bill is an attempt to protect the life and sanctity of children as members of society.”

According to Norbu Gyeltshen of NCWC, so far there was no Act specifically focusing on children. Moreover, Bhutan had ratified the CRC convention and, as a commitment to the convention, a national law was needed in place. “We’ve been asked by international organisations what instruments we have in place to provide protection and care to children.”

“Without the Act, justice to the children isn’t ensured,” he said.

While the National Council applauded the grandeur of the Act, the practicality and economic viability of establishing institutions and human resource required in place to support the Act was questioned. Source: Kuenselonline

Bhutanese Child Adoption Bill

Six applications for child adoption have been kept in abeyance by the national commission for women and children (NCWC) till the Adoption Act is ready. But yesterday, the National Council deferred the Child Adoption Bill to its winter session, having had very little time to review the bill, which was submitted late.

The social and cultural affairs committee, which reviewed the bill, received it only a month before the National Council session, according to a press release from the Council. Bills are required to be submitted three months before the session starts.

However, the chairperson of NCWC, education minister Lyonpo Thakur Singh Powdyel presented the need and importance of the bill to the council yesterday. NCWC is the organisation proposing the bill.

According to the minister, so far there was no act providing protection to children, who were adopted. The minister said that there were no investigations done as to why the child was being adopted. “This bill protects the child,” he said.

Talking to Kuensel, the minister said that, when it came to inter-country adoption, there were no proper records. “We’re concerned about their welfare, since adoption could have taken place without the best interest of the child,” he said, adding that the present child adoption situation was arbitrary.

“The bill is the first attempt to streamline procedures for adoption for both domestic and international cases,” he said. “It lays down comprehensive and detailed processes and procedures affecting the life and interest of the adopted child.”

The bill also provides a mechanism for regular monitoring of the welfare of the adopted child. For example, adoptive parents were required to send in annual reports to the commission.

The bill also states that children below 18 years of age can be adopted. However, no child under six months of age will be considered for adoption. “Abandoned children, however, were a different case,” said the education minister. “The child needs protection immediately; but; in the long run; the adoption of the child will have to go through the procedures.”

Adoption, however, according to the minister; should be seen as ultimate resort to ensure welfare of child. “Adoption shouldn’t be encouraged in the normal circumstances, because the relationship between the child and biological parents is sacred, and needs to be honoured,” he said.

On the possibility of establishment of orphanages, the education minister said that that orphanages, old age homes and transit shelters were necessary only as temporary measures, and were not the most desirable institutions in society. “The effort should be to live and belong together,” he said.

The bill also proposes NCWC as the competent authority to provide adoption services and the power to accredit civil society organisations as providers of such services. Any Bhutanese citizen, single or married, and of good moral character, financially secure, not convicted of felony crime, capable of support and care for child, can adopt a child, the bill states.

Inter-country adoption can be done by only those foreign nationals of a country with whom Bhutan has diplomatic relationship, or by a Bhutanese citizen permanently residing abroad. The high court has the jurisdiction to hear on matters concerning inter-country adoption of a child.

The Child Adoption Bill is also a commitment NCWC has made to international conventions on child care and protection. Source: Kuenselonline