Different agencies follow different provisions, much to the dismay and disarray of advocates
While the Child Care and Protection Act (CCPA) Bhutan, 2011 mandates the authorities to expunge all records relating to criminal proceedings of Children in Conflict with Law (CICL), a significant gap exists in the law’s implementation primarily due to a lack of clear rules and regulations as well as guidelines on when to expunge these records. Section 132 of the Standard Operating Procedure (SOP) for dealing with CICL also emphasizes the importance of sealing and expunges the records of the child at an appropriate time to ensure successful reintegration.
The lack of clarity has therefore often left agencies to follow a cooling period similar to that for adults, leading to confusion among those working with CICL.
The application of cooling period is a legal provision that requires a waiting period before clearance can be granted to individuals convicted of crimes.
According to the Crime and Operations Division, Royal Bhutan Police, cooling period applies to all, including children, if convicted by law.
Karma Dorji, Chief from the Department of Law and Order states that Security Clearance Certificate is a document which provides factual data of a person having criminal record. However, cooling period is a mechanism which expunges one’s criminal record after serving certain years of cooling period.
“People who are convicted under petty misdemeanour and misdemeanour, cooling period is not applied unless one repeats the crime. For violation, there is no cooling period applied. For criminal offence under felonies, one year of cooling period is applied for fourth degree, two years for third degree, three years for second degree and four years for first degree. After serving the cooling period, all criminal records are expunged,” he said.
The Chief also emphasized the important of cooling period. “Cooling period is a necessary step. This period is designed to help reintegrate individuals into society and encourage them to become productive citizens. The cooling period serves as an intermediary stage for those seeking to re-enter into the mainstream society,” he said adding that the cooling period process is not meant to create unnecessary obstacles, but rather to ensure fair and consistent treatment for all applicants.
The Chief, however clarified that since a provision already exists requiring the expungement of data for children as per CCPA, agencies providing training or educational institutions should not ask for security clearance for children. “Since the law mandates that criminal records of CICL be expunged, agencies offering training or higher education should not ask for security clearance from CICL if they are aware of the law,” the Chief added.
He also noted that the department has not received any concerns regarding difficulties faced by children with security clearance issue.
Meanwhile, the CCPA defines a CICL as any individual who is above 12 and below18 years of age and found to have committed an offence. The UN Committee on the Rights of the Child has recommended that Bhutan raise its minimum age of criminal responsibility (MACR) to at least 14 years, in line with international standards. The recommendation, reflects the latest guidance outlined in General Comment No. 24 (2019) on children’s rights in the child justice system.
The UN Convention on the Rights of the Child (UNCRC) requires State parties to establish a MACR but does not specify an exact age. Since ratifying the Convention, over 50 countries have raised their MACR, with 14 being the most common age globally.
Scientific research in child development and neuroscience also supports this threshold. According to the Committee, children aged 12 to 13 still undergo significant brain development, particularly in the frontal cortex, which governs decision-making, risk assessment, and impulse control. This immaturity impacts their ability to fully understand the consequences of their actions or navigate criminal proceedings.
In Bhutan, as in many other countries, the treatment and rehabilitation of such children is governed by a combination of national acts, policies, and interventions aimed at providing a supportive, child-friendly approach to justice. However, limited rehabilitation, reintegration services and its processes remains challenging.
An official from the Nazhoen Lamten said difficulties are faced. “Without this clearance, opportunities such as resuming education and seeking employment are severely hindered, affecting overall reintegration. This gap in support from the State and community often pushes these young individuals back to their old ways, creating a cycle of reoffending,” the official said.
“Instead of viewing children who commit offenses as troublemakers, we must treat them with the dignity and respect they deserve. Rehabilitation process should involve them in the solution, ensuring that they understand their mistakes, learn from them, and are given the tools to make better decisions in the future,” he added.
A 2022 report, “Administration of Child Justice in Bhutan” highlights that while the CCPA outlines comprehensive legal safeguards, many children in conflict with the law still face significant hurdles in their rehabilitation. One of the key challenges identified was a lack of knowledge among children about their rights and a lack of access to legal representation. “The justice system often fails to recognize children’s rights when they come into conflict with the law,” the report noted, calling for a more child-centric approach to juvenile justices.
In 2018, a significant rise in youth crime was reported, with a 95% increase compared to 2017. The largest proportion of these cases involved young offenders.
According to the Royal Bhutan Police, recent figures show fluctuations in the number of CICL cases, with 111 cases in 2021, 115 in 2022, and a reduction to 71 in 2022. In 2023, 60 cases were reported. Nazhoen Lamten has successfully reintegrated 61 children back into society through its rehabilitation programs. However, limited funding and staffing constraints have hindered the organization’s ability to provide ongoing counseling and support to these children after they leave the program.
In the midst of all these issues, child care advocates are calling for a thorough review of the CCPA and its regulations. “Clear timelines, privacy safeguards, and improved enforcement mechanisms are essential to ensure the process prioritizes children’s rights and secures their future opportunities,” they voiced.
This story is supported by an EU-funded project managed by Save the Children Bhutan in collaboration with Bhutan Transparency Initiative and RENEW, implemented by the Bhutan Media Foundation.
Nidup Lhamo from Thimphu
