Deliberating on the Jabmi (Amendment) Bill 2026 today, the National Council’s Legislative Committee proposed replacing the term ‘indigent persons’ with ‘accused’ in a provision related to pro bono or free legal service. The committee said the amendment would ensure their right to a Jabmi regardless of their financial or social status.
According to the existing Jabmi Act 2016, the functions of the Jabmi Tshogdey shall be to provide pro bono legal services to an indigent person in addition to funding support from the state.
Currently, to get the pro bono service, an individual arrested has to prove they are indigent before receiving legal assistance. However, the proposed amendment eliminates this requirement.
According to the Legislative Committee, the proposed amendment is based on existing legal provisions. The Committee said that the Evidence Act of Bhutan guarantees the right to a Jabmi to any accused person, and in a case if the accused cannot afford a Jabmi, the government will provide one.
“The accused, regardless of their social standing or status, must be provided with a Jabmi as required by law. There is no need for a merit or indigency test. Whether a person is rich or poor does not matter; the government is obligated to provide legal representation through a Jabmi as mandated in the law,” said Ugyen Tshering, Member, Legislative Committee, National Council.
However, several members questioned the proposed change.
“The existing Act is in harmony with the Constitution and the Civil and Criminal Procedure Code of Bhutan (CCPC). Therefore, if we retain the existing provision as it is, I see only benefits and no further issues. I would like to request that the existing provision be maintained,” said Pema Tashi, MP, Sarpang, National Council.
“I see the provision bypassing the constitution. Article 9 (6) states that the State shall endeavour to provide legal aid to secure justice, which shall not be denied to any person by reason of economic or other disabilities. However, the committee’s amendment, narrowing it to only the accused, is not fair for the victim,” said Kencho Tshering, MP, Bumthang, National Council.
With several members confused about the proposed amendment, the House decided to review the provision further in an internal meeting.
The Jabmi Amendment Bill is scheduled for adoption next week.
Tashi Dekar
Edited by Sonam Pem
