The Legislative Committee of the National Council proposed to repeal section 7b during the deliberation on the Penal Code (Amendment) Bill of Bhutan 2019. The section states “Life imprisonment shall be awarded to the defendant for the offence against the Ku, Sung, Thuk-ten and Zung.”
The Deputy Chairperson of the Legislative Committee, Member of the Parliament (MP) of Lhuntse, Tempa Dorji said this was done because the Section 7b and Section 352 of the Penal Code of Bhutan contradict each other. Section 352 states that the grading of offence against the Ku, Sung, Thukten and Zung shall be a felony of the first degree.
“The two Sections are contradicting in nature and if we can make it the same, it will help solve the confusions in the judicial system. One of the law says it awards life imprisonment while the other one says it is a first-degree felony, it is confusing and contradicting,” said Tempa Dorji, the Deputy Chairperson of the Legislative Committee of the National Council.
However, most of the members in the House disagreed in repealing section 7b as it will be encouraging miscreants to commit the crime in the name of a lenient law.
“If we do not have stricter laws in place related to the Ku, Sung, Thukten and Zung, there is every chance of this relics being stolen and destroyed. That’s why I would like to recommend for the life imprisonment sentence for the people involved in offences related to the Ku, Sung, Thukten and Zung. However, it would be better if we can also pass the judgement depending upon the severity,” said Tashi Samdrup, the Trongsa MP.
“If we make the laws related to Ku, Sung, Thukten and Zung a lenient one, this will affect our independence, our culture and create disharmony in the society. I wonder whether the committee has done enough research on the issue or not,” shares Ugyen Namgay, the Haa MP.
“We cannot buy and put back the age-old Ku, Sung, Thukten and Zung which has been stolen. And if we do not take care of the relics that are with us today and make a lenient law with no life imprisonment sentence, I think this will further encourage people to vandalise the holy relics,” added Surjaman Thapa, the Dagana MP.
Despite the intense deliberations, the House could not come up with a decision. However, a decision will be finalized later in the final stages of the deliberations on the Bill. The House will continue its deliberations on the Penal Code (Amendment) Bill of Bhutan 2019 on Monday.
Passang Dorji/Kinley Dem