Although capital punishment exists as a written law, it is not being invoked. And if the courts do award capital punishment, His Majesty the King has the legal authority to repeal it. Meanwhile, Bhutan being a Buddhist nation, capital punishment is seen as a contradiction to the basic doctrines of Buddhism.

These contradictions are seen as a negation of the written law, thereby, rendering it superfluous.

Capital punishment has existed in Bhutanese law since the codification of the Thrimzhung Chhenmo (supreme law) in 1953 and the judiciary has come under criticism, even in the National Assembly, for not invoking the law in the most severe criminal cases.

The royal decree has significant historical roots because generations of Bhutanese people have enjoyed peace and prosperity in a unique system of governance that has been founded on the tenets of Buddhism. It comes at a time when the kingdom of Bhutan is going through phenomenal change facing, what many believe, could be an unpredictable future and is, therefore, a message that Bhutan must continue to draw on the strengths of its ancient traditions and on the wisdom of the ancestors.

As the kingdom nurtures a unique socio-economic and political system, the decree implies that the essence of government must be the rule of law and that law must reflect the spirituality that characterises the Bhutanese system of governance.

The royal decree also symbolises the compassion and enlightened vision of a Buddhist Monarch safeguarding the interests of not just the population of one nation but of all sentient beings.

Sources and Relevant Links:

Kuensel News BHUTAN: Capital punishment abolished in Bhutan 27 March 2004

Feedback from the Readers Capital punishment abolished in bhutan

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