Towards protecting the minors, decriminalising the LGBTIQ (lesbian, gay, bisexual, transgender, intersex, and questioning) community, and retaining a part of the unnatural sex element, the National Council retained and amended section 213 on Unnatural Sex and section 214 on Grading of Unnatural Sex as the House endorsed the Penal Code (Amendment) Bill of Bhutan 2020 this morning.
Section 213 which states that “a person is guilty of the offence of unnatural sex if the individual engages in sodomy or any other sexual conduct that is against the order of nature”, however, it’s now amended as, “A defendant shall be guilty of the offence of unnatural sex, if the defendant commits sexual conduct that is against the order of nature. However, any consensual sexual conduct that is against the order of nature committed in private between any adult human beings shall not be considered unnatural sex.”
The offence is considered a petty misdemeanour or if it is committed without consent is considered a third-degree felony. However, if unnatural sexual conduct is committed between minors between the age of sixteen or eighteen years, it shall be considered a second-degree felony.
The National Assembly in the last session had opted to repeal both the sections.
The Bill adopted has a new Section related to Fronting and an amended Section on Rape of a child above twelve years of age.
The proposed amendment also deems defendant guilty of the offence of Rape of a child above the age of twelve years if the defendant commits any act of sexual intercourse against a child between the ages of twelve to eighteen years. However, if the sexual intercourse between children of sixteen to eighteen years is consensual when it occurred, it shall not be considered as rape.
The House added a section on fronting and graded it as a Fourth Degree felony or valued based sentencing if it takes place with non-Bhutanese. However, among Bhutanese, it shall be considered a violation for the first convictions and cancellation of license for the second conviction.
Meanwhile, the National Council also endorsed The Civil and Criminal Procedure Code (Amendment ) Bill of Bhutan 2019.
Both the bills will be forwarded to the National Assembly for re-deliberation along with the amendments and recommendations.
Sangay Chezom
