No punishment, however severe, can truly compensate for the loss suffered by the victim’s family and our society for any crime, particularly rape or murder. Our goal should not be to match suffering with suffering, but to create a society where such crimes become increasingly rare. The recent arrest of a suspect in the murder of a 13-year-old girl in Thimphu has shaken Bhutan to its core. As a nation founded on Buddhist principles and committed to Gross National Happiness, we find ourselves at a crossroads between our desire for justice and our fundamental values of compassion and restorative justice.
While the emotional response to such a heinous crime is understandable, we must resist the urge to abandon our principles in favour of vengeance. Naming and shaming suspects calls for public vigilantism and demands retributive justice run counter to both our Buddhist heritage and our constitutional democracy based on the rule of law.
As His Holiness the Dalai Lama reminds us, “An instant of anger can destroy all the positive action accumulated over thousands of kalpas through generosity, making offerings to the Buddhas, keeping discipline, and so on”. Our response to this tragedy must be guided by wisdom and compassion, not by destructive emotions that may provide momentary catharsis but ultimately lead us astray from our national ethos.
Bhutan’s commitment to Gross National Happiness necessitates a justice system rooted in restorative and rehabilitative principles. Our Penal Code already provides for life imprisonment – a severe penalty that serves as a deterrent while still aligning with our values. We must trust in the efficacy of our legal system to deliver justice without resorting to extrajudicial measures or public humiliation.
The practice of naming and shaming suspects, while emotionally satisfying, has been shown to be ineffective in preventing crime elsewhere and Bhutan is not an exception. Moreover, it violates the constitutional right to privacy, not just of the accused but of their innocent family members. Such actions can lead to unintended consequences, stigmatizing entire families and potentially exposing those who engage in such behaviour to legal repercussions. Family members can sue for violation of their privacy.
Instead of channelling our collective anguish into vengeful acts, we should focus on long-term solutions that address the root causes of such crimes. This includes enhancing awareness programs, teaching self-defence techniques, improving employment opportunities, and introducing comprehensive sexual education in our schools. These proactive measures, grounded in our values of compassion and wisdom, offer a more sustainable path to preventing future tragedies.
As we grapple with the pain and anger evoked by this tragic event, let us channel our emotions into constructive action. We can support the victim’s family, advocate for improved safety measures in our communities, and work towards a more compassionate and just society. These actions honour the memory of the victim far more than any act of vengeance ever could.
As Bhutan navigates this challenging moment, we must reaffirm our commitment to the rule of law and our founding principles of compassion and wisdom. By rejecting vengeful impulses and embracing a restorative approach to justice, we can emerge from this tragedy as a stronger, more unified nation – one that honours its victims by creating a society where such crimes become unthinkable. This is the true path to justice and healing, one that aligns with our deepest values and offers hope for a better future for all Bhutanese.
Sonam Tshering
Lawyer, Thimphu
Disclaimer: The views expressed in this article are author’s own.