Author
Assoc Prof DEMA LHAM
Organisation/Institution
Jigme Singye Wangchuck School of Law (JSW Law)
Country
BHUTAN
Panel
Children and Law
Title
Restorative Justice for Children in Conflict: A doctrinal and practise based inquiry with the Law in Bhutan
Abstract
Restorative Justice for Children in Conflict with the Law in Bhutan: A Doctrinal and Practice-Based Inquiry. This paper will examine the role and implementation of restorative justice in cases involving children in conflict with the law in Bhutan. The Penal Code of Bhutan, 2004, and the Child Care and Protection Act, 2011, both articulate principles of diversion, rehabilitation, and reintegration, yet the practical application of these principles varies significantly across agencies and districts. Drawing on doctrinal analysis and practice-based insights from law clinics and stakeholder engagement with police officers, prosecutors, protection officers, and CSOs, the paper will evaluate how restorative processes such as diversion, community service, and family group conferencing are currently utilized. It will identify institutional and procedural challenges, including uneven capacity among justice actors, lack of standardized restorative guidelines, and weak coordination between agencies. The paper will argue that strengthening restorative justice mechanisms promotes the dignity and best interests of the child, reduces stigmatization, and enhances long-term social reintegration. It will conclude by proposing targeted reforms, including clearer procedural guidelines, capacity building across the justice sector, and community-based reintegration pathways. The analysis will contribute to the broader discourse on children and law in Asia by demonstrating how small state legal systems can institutionalize restorative justice in ways that are both rights consistent and contextually rooted.
Biography
Dema Lham is Associate Dean for Academic Programs and Associate Professor at Jigme Singye Wangchuck School of Law, Bhutan. She teaches penal law and restorative justice and runs the Human Dignity Clinic. She has contributed to national child justice reform efforts and authored works on criminal law, access to justice, dignity, including her recent book on the Commentary on the Penal Code of Bhutan.
