Saturday, May 02, 2015

The legal riddles of having and not having



In the days passed, the Journalist Association of Bhutan (JAB) received cso (civil society organization) status, the National Assembly (NA) debated complexities with respect to consensual sex and the National Council (NC) opened discussions on the tenancy act - Three events with high significance in their respective places due to their legal, illegal and consensual natures; but all of them very largely affecting society as a whole.


The JAB’s new-found status awards it with a few previously-unavailable manner of operations, the debate to clarify on the age range for ‘consenting individuals’ is a start to effectively sort out the incongruity in provisions of law which is being bent in favor of parties prevailing situations and not really serving as lawful provisions without legal loopholes. And the tenancy act discussions were always seen by affected parties (hopeful tenants and anxious house owners) as that much required intervention in settling matters.


First off, the JAB getting a formal tag of a CSO is desirable progress as the association represents the country’s media and its media professionals, the collective issues and opportunities to solves those issues for an eventual sound-functioning of the industry pulsating as the proverbial “nation’s conscience” and the fourth estate.


The legal entity that is now said to become, the association will have more flexibility to explore funds to operate various studies, programs and initiatives to enhance the media situation which has not entirely seen reviews that were all ‘sunny side up.’


Ina report brought out by the association recently, it was mentioned that media, especially the private sector was not in the best of its shapes and problems ranged from most house on the verge of closing shops to media houses seeing a continuous loss of professionalism and professionals.


The JAB even prior to receiving a CSO status pretty much served as one in role as it sought to pool collective recommendations, views and grievances  from different units of the fraternity and pass it on to higher authorities for solutions (especially for the commonly collective woes).


The NA discussions on consensual sex brought to light many aspects of the provisions in the penal code that leaves room for manipulation for deviously-plotting parties while it also proved to be of unwarranted disadvantage for couples legally and willingly in a relationship (married or otherwise).


The areas of uncertainty created by ‘the letter of law’ have seen couples placed in very tight spots due to legal interpretations of their age while in a relationship. Case in particular is that of a recent couple where the 20 year old male was sentenced to a nine-year prison term even after the 16-year old female admitting  and speaking in support of her partner that theirs was a relation based on consensual grounds. The hazy nature of this provision in law is also possibilities for plotting minds to imprison unwary persons (especially the men) or blackmail cash benefits both with and even without the law as a tool.


The Tenancy Act (amendment bill) was introduced to the NC for discussions and hopefully deliberations this time around will bring about clear conclusions for the highly anticipating tenants nationwide.


The Tenancy act, largely referred to as a law that is ‘all bark (on paper) and no bite (in reality), nonetheless had always been looked at as a ‘law-backed guarantee’ by many tenants who feel house owners will go out of control on increasing rents at their whim regardless of humanly-considerable factors, tenants’ situations or  their collective agreement.


On the plus, however, the tenancy act was instrumental in house owners and tenants compulsorily drawing up legal agreements, which should/would be signed at the time of taking up rental. This to certain degree has retracted the fickle claws of those house owners angling for an increase in rent every New Year.


Published as Business Bhutan Editorial on November 22, 2014

No comments:

Post a Comment