Why BAR all the time?

One man asked me, “ Sir, do you issue BAR licenses? Can we transfer the name and change the location? Can I buy the bar license?” I said "NO" to the first but second and third, it depends on how genuine is the case. I was scared of this question “what is the distance that we should keep our bar from the schools, institutes and Offices?” Thank god, he didn’t ask me. If he did, I would have smiled and started a long conversation.

Consumption of alcohol is injurious to health. Alcohol consumption has lead to many societal disorders. Gang fights, domestic violence, rape, robbery, vandalism, etc. Besides that, hundreds of patients are admitted of liver cirrhosis and birth defects. We need some laws to control but not to ban the products. Better not to drink at all. We, Bhutanese are fond of alcohol despite stringent governments rules inhibiting the sales. An apology to the sobers- but how can we prove Bhutanese without alcohol? We are so used to and has trickled down from the ancestors as a culture. Cannot list the occasions that we drink, some started drinking heavily and has become so dependent on it. This has lead to the booming business in BARs in the country. -I am not health but on business now-

Recently the Trongsa DYT discussed about shifting the bar licenses which are located near the schools and institutes. While some expressed their concerns over the establishment of the bar before the institutes or schools, majority stood for the motion. Hence they should shift now. If we look around the country, this very rule will appear unfair. Thimphu with maximum institutes, schools, offices and parks, more than 700 bars are fully operational as of now. There could be hardly 50 ft away in some cases. Look at the location of the RCIBL, BOBL, BNB, Thimphu Thromdey Office, JDWNRH and etc. Bars and some even with pools to enjoy, surrounds them all. In contrast, People of Kanglung, under Trashigang Dzongkhag are deprived of bar licenses. In 2007, the bar licenses are ceased by the Dzongkhag administration upon serious alcoholism by the Sherubtse College students.  Now the time has come to Trongsa Dzongkhag.

While I generally know that opening bar in such location is prohibited through my senior inspectors and trade officers, I could not find in any Rule/Law Books stating that certain distance has to be maintained. Very recently, I came to know of one circular issued to the Ministry on 7^th January 1999 by Honorable Tengye Lyonpo, Khando Wangchuck. Point no (iii) of the circular reads “No bars shall be located near dratshang, Rabdeys, Gomdeys, Shedras, Dzongs and educational institution.”  Although the circular does not mention any specific distance to be maintained, it seems that the effect of the very circular is coming with harder impact. Is it a foot, a kilometer or a mile? We will just have to assume. Rule 17 of Rules and Regulations for Establishment and Operation of Industrial and Commercial Venture in Bhutan, 1995 states that A licensed wholesale or retail dealer in alcohol shall not sell or gift alcholic beverages to a person below the age of 18, however there isn’t any clause stating the distance that we should keep between the bars and institutes, schools, etc. Even the latest version, Miroc, Retail and Wholesale Trade regulation, 2006 is devoid of the clause that people usually ask, but already implemented elsewhere and we will never find this circular coming out as law or rule in the history of MoEA. Therefore, do we, the enforcing agents and departments have any legal right to chase them away as when the things do not work?

While the impact of the alcohol has added on our nations debt of intensive medication, the people will still look for a fair play. After all we are all human, many looking for one’s benefit and least about others. It becomes worst when it comes into the field of business. How will the business sustain if it were to be located away from the town and crowd? If the students and trainees drink from the nearby bar, is there any law that says the owner should not sale to students? The law limits the age and not the type. Imagine if Trongsa have to shift to a new location and imagine if all the bars are few kilometers away in same location. While we try to clean the old space, will it not create a drunkard zone on other hand?

The moment I joined my service to serve the general public, I was confronted with the challenge to raid the shops of Kanglung, Trashigang, for selling the alcohols to the students of Sherubtse College. We penalized them on the ground of selling alcohol without license and not on the ground of selling to the students. Ever since the bar licenses were ceased by the district, black marketing thrived very well in the shades of consumer’s curiosity and profit of the shoppers. I got drunk many times during my college days and my college too was alcohol and tobacco free zone. You know where I did my degree? Shhh……it’s SHERUBTSE COLLEGE.

The crime and Detection in Bhutan

Actually i need your concentration, but this time i don't feel like asking for that. I just want you all to read. Read and spread the information. Read and give me some feed back since i am not a writer.

From the rgyalsey Ngechu Mthomai,(Gyalsye Laglen); “our parents of past and present lives, loves peace but don’t know the key to peace. They hate suffering but don’t know the ways and means to avoid them” (Its just my understanding and rough translation from my distant past and can take any corrections and feedbacks). Had they been privileged like some of us, sitting on the revolving chairs with heater in winter and air conditioning in summer,it must have been their long dream. But how many of us try to understand that.

Many a times, media reports drug trafficking, kidnapping and organ trafficking in developed countries, robbery,vandalism etc. in every strands of the society. In Bhutan, Chorten (stupa) vandalism has gained its popularity. Hundreds of Chorten were vandalized in recent media reports.  Few unfortunates are being caught and put behind the bar, while some goes unnoticed. Police have done enough but somewhere the procedures to detect the crime are still missing. Here I salute to hundreds of Police Officers for handling the criminals efficiently. Thanks for endless support in protecting our community.

Defaulters/offenders should be brought to justice.  They should be punished as per the law not according to the will of the officer in-charge within the four walls. We agree that police are not gods and they wont know who is the real offender at times. Sometimes people in doubt are threatened and tortured beyond the human rights to accept the crime despite their innocence.

Recently, victims of chorten vandalism were sent to court. I attended the open trial and read their charge sheet submitted to the Office of Attorney General by Police.  All of them are illiterate and I assisted one of them in writing charge sheet reply.  I talked to him. He told me he didn’t commit a crime. I was doubtful enough to believe him since the police has already made crime report and prepared charge sheet. I asked him about his statement that he submitted to the police, whether he accepted the crime or not. He said NO. Then I asked the police in charge, how he prepared the charge sheet and PCR. He said he knew from the evidences and through the statement from their mates.  

I asked many question and heard (not found) that my client was thoroughly being tortured and threatened to accept the crime. Luckily he didn’t accept for he didn’t do. He was beaten 135times under his feet and elsewhere (he spoke to me with tears and I felt the pain he underwent during that time). He was handcuffed behind for two and halfmonths (day and night) despite the fact that they are locked up in the room with strong security guards. They are exposed to mosquitoes and other insects to bite helplessly. Some of them are not able to walk still. I asked some policemen what has happened to him?...They said it might be due to cold on the concrete floor. During the interrogation time, guards are sent off and victims are thoroughly beaten. My client was beaten and spitted on his face with dirty stains of tobacco chewed by the officer with humiliating remarks “I don’t like you especially”. His thigh was placed between the two iron rods and officer and some policemen climbed on the rod till he went unconscious out of pain.

What kind of treatment is this? Does the law allow it? During the open trail, defenders reported that they are forced to tell each other’s name through various means of torture. Jury told that itis not allowed and shall be dealt accordingly if they could bring the witness during the incidences. If one people speaks, it’s a lie, if two, may be some discussions were done through unauthorized appointments during the stay at detention centre. This time it’s four of them with some even remembering the date and time of their torture. Some are tortured as late as 11:00pm at night. Guards are sent off and witness cannot be a police even if they saw the victims being tortured. How can they bring the witness? From where shall they get the justice? This really sucks. May be I am just thinking too much.

Chapter 25 (arrest of persons) of The Civil and Criminal Procedure code of Bhutan, 2001in article 160 titled Torture or Threat sates as follows:

160. A person shall not be subjected to torture/cruelty/inhumane/degrading treatment/punishment.

160.1. A person suspected of carrying out such activity shall be subjected to criminal prosecution.

160.2. A statement/pleading/testimony given under such circumstances shall be inadmissible.

Chapter 28 (Offences Related to Public and Civic Duties) of Penal Code of Bhutan, 2004 in article 414 titled Torture states:

414. A defendant shall be guilty ofthe offence of torture, if the defendant extorts confession or information from a person through the use of cruel, inhuman, or other degrading treatment.

Chapter 14 (Investigation and Detection) of Royal Bhutan Police Act, 2009 in article 91states that:

91.(C) The investigator shall be objective and fair. The investigator shall provide special attention to the interest of the accused, especially if the accused is vulnerable person:

(E) The investigator shall safeguard the rights of the suspect including the right to remain silent.

There may be many other laws than that I have cited above but I referred this three law books. I fully acknowledge there should be some sorts of assaults to detect a crime for a good  officer, but for a best officer or great officer, they would have some other ways to detect the crime professionally even without a slightest assaults or torture. In this case, its not about little torture, its about exploiting the human dignity, its about TORTURE and cruelty.

Lets stop such cruelty. We don’t like those who are vandalizing the chortens. We want justice but we don’t like the WAY you bring them to justice. May be people are aware of such act of vandalizing chortens is sinful, but not the repercussions in terms of law and punishment.I have seen some Khempos preaching through Television, saying that chorten vandalism is sinful and one will have to serve in hell after our death. . I have seen and listened to broadcasting news that some are being life imprisoned.  For how long shall we keep on condemning the offenders when hands of poverty are strong enough to dismantle that walls. Did we try to advocate to our illiterate people. Probably No… To my conscience, (Sorry if such programs were carried out) I didn’t see any programs organized on this very rampant issue. I don’t remember a time wherein police or anyone from MoHCA briefed the public regarding this criminal acts and its consequences. I have seen the guards and check post for traffics to control the defaulters but never a policeman patrolling the chortens, which are on threat and consequences- which are very harsh. If such crimes are of first-degree felony, don’t we think we need some security guards else where in the villages than just patrolling the blazing towns? I know the answer could be 'man power…'

Vandalizing chortens fall underthe first degree of felony according to article 352 of penal code of Bhutan2004 as offence against the Ku, Sung, Thuk-ten or Zung. Voluntary manslaughter is Second-degree felony according to article 140. Had Bhutan been a catholic ever since it’s birth, what would have been its punishment and the present scenario? Probably, people might have started vandalizing the churches.

This article is written with full conviction to make people aware that, people in the detention centre are human being and hence they are entitled with their rights to defend and prove innocent. Police can arrest the persons with dignity and cannot exploit beyond the laws and rights of the human. Lets act educated and uphold our laws. Law is the root of peace and prosperity. (bdey skyid rtsa wa kthrim )