Sunday, July 27, 2014

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 7th 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.

Tuesday, January 28, 2014


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 )


Friday, April 15, 2011

THE OFFICE ORDER.....

                                             ROYAL INSTITUTE OF MANAGEMENT
                    (Incorporated under the Royal Charter of the Royal Institute of Management, 1990)

RIM/Hostel/2011                                                                           12 April 2011
OFFICE ORDER
As per the recommendation of the Trainee Disciplinary committee held on 7th April 2011and as endorsed by the management, the following trainees are served with the last warning in view of the violation of Clause no 6.1.1 and 6.1.4 of the Trainee Disciplinary Rules and Regulations 2010. Further the trainees are required to do rigorous social work with minimum of 2 hours for 30 days...........
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........….then our names were listed. What is in rules, when you make it and falls back right on your head and exclaims ‘ what the hell’ with your hands crossing over your head and stretching. Rules are required to run the plans and program smoothly so the authority’s work to look after every individual is reduced. Rules are like god that it is present in every person in a community or organization.
Rules were there in my file too. Totally screwed up and sucked up in mess once I went against it. There was nothing serious as we call, ‘a crime’. But it was an offence. We, our classmates, went to drink as I normally do with fewer friends. It was a large group, and emptied a dozen plus few bottles of Beer. Every one was merry; singing, dancing and hugging each other of love and care. It was a wonderful family like celebration, more than just a friend.
When you are drunk, you fail to observe yourself but observe others only. Some cried, some laughed, some sang and some where shouting to crack his vocal untill he would be muted naturally. Alcohol struck my hind brain and lost my balance. Speeches were stammered, frustrations were without reason and every thing was in complete mess. You don’t want anybody to disturb your wilderness….so they left me to do what I can, for I was too rough and uncontrollable.
It was almost 1:00 am, and was so silent save for low rustling melody of gentle wind and faint sound of rushing stream. I (mark this ‘I’) broke the silence and shattered the dreams of our security guard. He came by and my sober friends asked for a pardon. Again I started quarrelling with the guard that he called upon our Dean. So we ran for our own safety. I crossed that small stream, for bridge was blocked by our warden. His torch was so bright that he can even light through your heart and see what you are feeling. I came back, and again started to argue with warden, saying ‘I didn’t drink’ when my balance was completely gone. This was funny any way….and thank god, I was safe at least, except for little muscle sprain in left ankle.
I went to apologize next morning without any one’s consultation. Thousand of lies were told to escape that evening and I revealed proudly and innocently. I realized, I was wrong and my apology to my dean and security guard was from my heart (It was not to escape punishment only). I suggested him that I would do any kind of punishment but not to make the case bigger and exclude my friends from this chaos. He nodded and guard agreed. I was bit relieved and consoled my friends. But then……it was not the end….so I got my office order….
Raising my third finger, I would say, “Rules are meant to condemn any one who does some mistakes”. They can make you realize but we can realize without rules and punishment for we are human. It is not only mistakes which are bound to be with human; rules are also there, following us.

Caution: Drink in such a way that you are not drunk. Enjoy in such a way that you don’t disturb the dreams of your Guards and superior. It’s your duty and their right….
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Thursday, March 24, 2011

IS MEDIA MEANT FOR CELBRETIES AND PUBLIC FIGURES?

Centuries ago, some trained falcons, verbal messengers and gossips were the main dispersal of information. The concept of media has been existing but not explored formally like we experience today. Now, in the 21st century, media has taken its shape in many different forms; television, newspapers, magazine, radio stations, blogger sites and online forums. It has been the guard for the world in terms of nature, human interventions, politics and religion. However, with evolution, media focused much on the affluent and celebrities besides its main function as ‘watch dogs’.
Bhutanese actress: Tshokey Tshomo Karchung

Monday, February 21, 2011

“DID I WISH MY KING???”…LAY MAN ASKS…!

It takes someone to remind us…I don’t care about others but for me, I need someone to trigger. So it was and it will be. I have never been to our national stadium so formally like today, 21st February 2011, and I was flashed back to the decades ago. The old national band with beats and trumpets engulfed me with nostalgia. I felt like I was walking back to the years and years ago, when I was listening to the old radio. I realized I am old now. Time has taught me enough…

Those where the days when I would be in the ‘half full’ shirt, belly region of my shirt would be torn, and crying for the breakfast as soon as I wake up from the dusty bed. Not exactly a bed, it would just be a hand made mattress stitched so many torn clothes together and pillow made up of husk in a sack. I remembered how I cried for my mother when she would leave me and my younger sister all alone and both of us crying “Amaa..”

Now Bhutan is transformed. I remember my village mates have rice cookers and boilers each at least. IF not for our great fathers of Bhutan, it would be for none. Fourth king served the kingdom bravely, defending the militants in a day, and compassionately (loving and missing his people). By now, I changed my king. Every body was bit scared thinking, “what will be the next”? It’s not because people lack trust in him, but in losing our former. But he displayed his role as real people’s king.

Have you ever seen any other king kissing his subject? Have you ever seen any ruler playing with the kid? Have you ever seen people staying with their leaders and hugging him? Not so common… when ever I think and see my king hugging and kissing with the innocent kids and holding the wrinkled hands of our senior citizens, my eyes get blurred with tears. I saw him travelling in any weather, ridges and gorges to meet his people. I saw him cooking in his own ancient home. He is my model that I worship and look up. Deep inside, I feel, “how lucky am I to born here as a lay man”!

As I came back from the stadium, and walking in the busy street, I was walking with wisdom. Though I felt lonely all alone I was thinking a lot; How many of our guest in the tents must have sung the national anthem very proudly? How many of the students beside me must have replied ‘GYALO’ with deep thought. Of course there may be few, but I saw many for fun and left the memories in the dead stadium….wishing you sincere ‘happy birth day’ to your majesty the fifth druk gyalpo. May you live for eternity…



Sunday, February 13, 2011

The lost life…..Dead man writes…

The lost life…..Dead man writes…
How do you feel when you hear of an accident? Does your heart beat increases or gossip for the sake of hot news? Have you ever thought of how the victims must have struggle to die while we struggle to live? Have you ever seen or been to accident site????? Here are some answers…..go ahead…and find out how we usually feel;
It was somewhere in the mid of Autumn. I was traveling all the way from Mongar to Thimphu. Started with a two packs of 'High land'. Journey was bit hectic so I put on ma head phone to get myself lost in the world of music. Alcohol stated to work. I was feeling bit dizzy and headache controlled me to silence. Forcefully I closed my eyes till I was awakened by my sister’s call
‘Where are you now’…she asked me.
‘Here at Thruemshinla’…about to cross…i replied.
She told me many things about my lunch and road safety regarding the frost backed roads and all. I was least bothered and answered ‘ok’ many times. It was somewhere a thirty minutes drive after that. I was informed of the bus accident at Trashiyangtse. Late at night, I was at Tronsa with almost a freezing point. BBS reported of Bolero car accident of carrying not a passenger but population I guess. Many injured and one dead reported the BBS with Maps online.
People are not freed from the Nepal plane crash. Eighteen people were killed and series of accidents are occurring. It was again when I was at wangdue, I was informed of Bus accident at Lampelri near Dochula pass. I was then curious to see the spot because we will be coming across this place soon. Pillars beside the roads read "lampelri '0' kilometer". We searched for the accident site. I have no other mind then to see the accident spot, thinking I may not get the chance to see next time. I came almost to enjoy. It was 4;00 o’clock in the evening and i wasn’t expecting the dead bodies will  be there. We parked the car few meters away from the site and walked down. Policemen were busy taking their late lunch. Doctors have left the spot with medical waste stained with blood. Six dead bodies were arranged in the line. They didn’t  look like dead body indeed. Their muscle’s function weren’t stopped. I saw the policmen lifting the body so flexibly. They were wrapped with a thick white cloth and dumped on the DCM. One girl, around sixteen or so with a pink half stocking and black jacket was laid still. Their faces are covered yet they revealed the sadness of the accident.
It moved me and others too. Driver claimed of a mechanical failure but this failure killed nine people. I felt for the first time and thought about the impermanence very deeply. I was ridding like dead man, lips dried and heart beat increased as if to compensate the beat after my death. I felt lost, dumped and speechless really…..
People talk of accidents very lightly. I talked of accidents for the sake of gossip but now I feel the pain. I think of their pain and their struggle before death. In Bhutan, AIDS killed 42 people within ten years but accident killed roughly 35 people in month. We should give a proper priority when it comes to the health of the people. Its not for popularity that I write but to keep a print within us that machines kills us if we don’t use safely. As I moved from the site I saw  woman, her eyes swollen and cheeks painted with tears. She was held by a policemen near an ambulance. She must have lost her son or daughter ….That incident aggravated my pain and I still feel her and the dead-bodies… May all the souls rest in peace….

Mountains and the Pebbles

 I half know them. I wanted to be serious if my funny friend was not there. Driver's look of caricature must have taken my friend into nightmare. God damn! irritating boss still rests her butt majestically over the warmth of 1960s engine. She assures one crown .
We passed through the precipice of the tangled patches of roads through the jungles. I took my BABA(tobacco) and he started swabbing his lips, moistured by saliva and that dirty tongue. Driver was talking too much to steal the confidence of our boss. Unkempt geek still have to do somthing with his partial working tape.
Anyhow we got closer as passed. Just a day was enough to be a friend. May be I am nice or they are rather good. our journey began. I am trying to experience the civilian work. my stupid friend prepare for the interview. Elites, intellectual, middle class and destitute like me were entangled in a mess.
Sky blue Pajero(car) needs to be dumped in the river resembling same color. Abruptly it would stop on the steep restless road. somebody must have lost balance in the brain and starts vomiting. Reached somehow, not knowing where we are. shops are closed. muddy road with creaking gate lead us to the LG's office. Besides all day journey with wired back and intense pressure on the butts we had to make dinner. Had somehow and fallen asleep with little chats and shattering snores.
"Our task begins, she's with me. ummm.... I wont be bored." muttered within me. we walked down with her over sized shoes and kira(Bhutanese dress for women) pulled above ankle with her right hand and an umbrella on her left piercing the soft earth beneath. Stupid friends jumped over the slidde mass, and i was still holding her hand to guide. It was dusk when we were lost to find the road. i wasn't drunk but zonked of walking all the hills panting.
I just wonder, sometimes just smile and little help is good enough to nourish our relation. Many emotions have overwhelmed me. I felt in complete. It was difficult to challenge with time and love . It is an onerous thing to love for a person who lacks veracity and openness in this field. It remains concealed but reiterates within. Sometimes I had been despondent of ridiculous matter. I just feel like walking back through this memories.
Many started coupling and i was losing my friends. they would get lost by 4:30pm and returns seldom on dinner. I must have been boisterous trying to digress if filthy topic comes in. I would sing to the peak of my voice to tear the cord within. Huh...! Funny friends became my fan despite my sporadic denigrates in jest. It was insane, when one of my friend started loving my old schoolmate. They have been in the collge together for three years, yet he found this suitable. Wasn't it funny or fate bound them?
By evening i would get drunk. I would speak out what I hid and take out what I had. I would be in moribund state, lying within a drain or somewhere outside. In this plight Ugyen and Divya has been my succor waketo  me and cover me at least.
It was grueling to climb the hills of Merak(place) and Nagchungla pass. 3800 meters reads the pale blue color on th half cave rock .Icy blades of wind are sliding over my cheeks and ear became thin. i felt thin really... Heart must have forgotten her beat because lips are turning blue. No...she must have forgotten only lips. Rest was fine.
Prior to these days, two days passed in the plains of Merak. Next would be for Sakteng(place). Much more beautiful place. I was mess captain of my troops. I woke up at 5:00am and everything was ready by seven. Horses and helpers came but our boss repudiated to the demanded amount. "whats wrong!" i thought. Just mater of hundred bucks. i was trying to be innocuous with him with great reverence, but somehow I broke his mood. That was spicy actually. I liked it.
As we moved two of the staffs of Merak came to see off us. He sang from the ridge below and I replied from the hill above. Heart of the stones must have melted besides two madam wiping their tears with their muffler. Besides so many grievances, I felt, I loved, cried hatted and enjoyed. I tried being emollient with her but once gone never returns in life. I sang last on the eve of our departure and she must have peeped through her translucent wine glass with emotions flooding her away. For now nothing remains but the memories of how we slipped, slided and walked through the PEBBLES AND THE MOUNTAINS....!!!!!!