The glacial pace of criminal justice reform in our country is far from reaching the democratic ideals and constitutional principles we claim to cherish. The ongoing innovative restorative, rehabilitative and preventive model emerging in Gelephu offers a transformative potential to our existing antiquated, punitive approaches that perpetuate cycles of marginalization and recidivism. Our current criminal justice system appears to diverge from the compassionate principles of Gross National Happiness outlined in our constitution. It is time for a comprehensive approach to reimagining our criminal justice that more fully honours our national commitment to a compassionate justice system.
Our constitution, particularly Articles 7 and 9, provides a solid foundation for a justice system that prioritizes rehabilitation over punishment. These articles not only guarantee rights to the accused but also mandate the state to create conditions conducive to GNH, emphasizing community vitality and a harmonious society.
The ongoing initiative in Gelephu, led by the Royal Bhutan Police in collaboration with various agencies, demonstrates the power of multi-stakeholder preventive measures and, a rehabilitation-centered approach. Engaging communities, targeted interventions, and addressing root causes of crime, this model shows promise in creating a drug and crime-free environment. The success of this approach in crime hotspots provides compelling evidence for its potential nationwide impact.
Yesterday, the Women, Children and Youth Committee of the National Assembly reported that there are critical gaps in our current system, including the lack of national policies on alcohol, insufficient funding for post-release programs, and inadequate mechanisms to address social media-related crimes. Developing comprehensive policies to address alcohol abuse and social media-related crimes is crucial as these are increasingly becoming primary factors for many crimes, in particular, drug offences among our young generation.
Our current system, while well-intentioned, lacks sufficient funds for skill development, and comprehensive social reintegration programs. The economic argument for restorative justice is strong: “While requiring initial investment, it yields long-term societal benefits through reduced recidivism and enhanced human resource development”.
To truly embody the principles of GNH and our constitutional values, we must take decisive action. First and foremost, we need to expand the multi-prong preventive approach nationwide, focusing on skill development and social reintegration for those who are imprisoned. This should be coupled with increased funding for post-release support and trauma care services, extending beyond urban centres to reach all corners of our nation.
The implementation of this approach will undoubtedly face challenges. It will require significant investment in infrastructure, training of personnel, and development of new programs. However, the long-term benefits far outweigh the initial costs. A rehabilitation-focused system not only reduces recidivism but also helps reintegrate offenders as productive members of society, contributing to the overall economic and social well-being of the nation.
Our pursuit of a restorative and multistakeholder preventive approach is necessary. Our current justice system reveals a stark hypocrisy between our proclaimed values of human dignity and GNH and our actual practices as we have invested more in punitive measures.
This transformation will require a concerted effort from all sectors of society. It calls for a change in mindset, moving away from the notion that punishment alone can deter crime. We must embrace the idea that prevention, rehabilitation, education, and community support are key to creating a safer and more harmonious society. As Her Majesty said, “As we continue our journey towards a more compassionate and supportive future for all for meaningful progress, solutions must emerge from a collective effort”.
Sonam Tshering Lawyer, Thimphu
Disclaimer: The views expressed in this article are author’s own