Thinley Namgay

The practice of “naming and shaming” individuals involved in drug offences has become increasingly common in Bhutan, particularly through social media.

While often motivated by good intentions, this method of public exposure raises questions about its impact on the individuals involved, their families, and society at large.

Legal experts discussed this issue at the recent International GNH and Law Conference in Paro.

A research paper titled “Examining the Tension Between GNH and Naming and Shaming in Drug Offences in Bhutan”, authored by associate professor Sonam Tshering from the JSW School of Law, highlighted the absence of a legal framework governing such practices in the country. 

While some see naming and shaming as an effective deterrent, particularly when law enforcement agencies and media outlets post the photographs of offenders online, others argue that it is a disproportionate and potentially harmful response.

The widespread dissemination of such information can leave permanent digital footprints, exacerbate mental health issues, and disrupt the lives of both offenders and their families.

Article 7 of the Constitution guarantees the right to privacy, as well as guarantees of due process, liberty, and non-discrimination. Yet, critics question whether the police are overstepping their bounds by posting photos of alleged drug offenders without the necessary legal procedures.

In the absence of a formal policy, there are concerns about the fairness of such practices, particularly when they are not uniformly applied to other crimes.

In a country with a population of just 770,000 people and a mobile subscription rate exceeding 776,000, the effects of social media shaming can have far reaching consequences.

In communities, naming and shaming has the potential to create divisions, raise safety concerns for family members, and instill fear in victims and their families about public humiliation.

From a psychological perspective, naming and shaming can aggravate anxiety, lead to feelings of isolation from family and friends, and cause a loss of self-confidence, among other issues.

In addition, the uneven application of naming and shaming raises important governance questions. Some argue that singling out individuals for public exposure, while overlooking other crimes, creates an unjust double standard. This can lead to a sense of inequity and further exacerbate social divides within communities.

The research suggests a shift in approach is needed. Rather than relying on punitive measures and public shaming, Bhutan’s criminal justice system should prioritise restorative and rehabilitative practices, particularly for drug-related offences.

The Narcotic Drugs, Psychotropic Substances and Substance Abuse Act of 2015 focuses on rehabilitation over punishment, emphasising community-based solutions, counseling, and special provisions for minors.

According to the Royal Bhutan Police’s drug offence statistics, the total drug offences decreased to 2,759 cases in 2023 from 3,502 in 2022, 2,819 in 2021, 3,062 in 2020, and 4,085 in 2019.

However, drug trafficking cases have increased, rising to 354 in 2023 from 150 in 2022, 75 in 2021, 94 in 2020, and 185 in 2019.