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THE PAINFUL RAPE OF A MINOR: WHEN DOES IT BECOME EVEN MORE PAINFUL? (Part II)

  In my last writing, I have briefly explained why the ‘child marriage’ should not be considered as ‘rape’ in the absence of a clearly expressed provision of the law. In this part, I will provide two case scenarios decided by the Honourable Supreme Court of Bhutan and argue why ‘sexual intercourse’ per se with … Continue reading THE PAINFUL RAPE OF A MINOR: WHEN DOES IT BECOME EVEN MORE PAINFUL? (Part II)

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The Painful Rape of a Minor: When Does it Become Even More Painful? (PART I)

Today, I wish to share my personal thoughts on the rape of a child above the age of 12 years. Before I introduce the legal complexities it involved, let me illustrate a simple hypothetical example. Although there are numerous cases decided by the Courts, I am simply not discussing any of them because I do … Continue reading The Painful Rape of a Minor: When Does it Become Even More Painful? (PART I)

Bhutan Law In-Sights — Issue III

DNP Facilitating the Auction of a Private Building — Some Legal Empowerments You would Receive Kuensel report dated 3 February 2017 by Tshering Palden and Tashi Dema titled “Finance Ministry to order DNP to auction private property” is quite interesting. The report quoted a senior attorney as saying “[…] a state agency has never been … Continue reading Bhutan Law In-Sights — Issue III

“Sharing” in the Facebook: What would it constitute?

Now that the judgment was out (you know which judgment I am referring to), and that the defendants have decided not to appeal (BBS) it would be interesting to first analyse my points of view, and then hear from all fellow lawyers, or to that end, from every Facebooker, your interpretive definition of “what constitute … Continue reading “Sharing” in the Facebook: What would it constitute?

Bhutan Law In-Sights — Issue I

Legal Developments in Bhutan As a professional lawyer, I have a moral responsibility to inform the society on new legal developments in Bhutan. From December 2016, I will write monthly article reflecting the new legal development(s) in Bhutan. Please keep reading! Parliament in Session  The 8th Session of the Second Parliament is on-going, and following … Continue reading Bhutan Law In-Sights — Issue I

The Contract of Guarantee or the Guarantor Loan – Thinking the Reality

“Do Bank need a Guarantor to sanction loan?” is the question I ask when people come to me asking to be their guarantor. On the morning of 27 June 2016, exactly at 7:50 PM, Ms. Dechen Dechen (Facebook profile name) has posted (in Facebook) a beautifully written piece titled “Open Letter to my Lost Friend”. … Continue reading The Contract of Guarantee or the Guarantor Loan – Thinking the Reality