BHUTAN TODAY The New Perspective
Inspired by His Majesty the King’s vision of an accountable society based on the rule of law, a proposal for the adoption of torts law was discussed.
For more than a year, the Legislative Community (LC) of the National Council has been carrying out review, research and stakeholder consultations.
LC tabled the Civil Liability Bill in the 27th session of the National Council.
Civil Liability law will provide monetary compensation or damages for harm or injury as a result of commission or omission (negligence by either organization- government or private or by an individual, also, it will provide relief to the injured parties for harms caused by others and deter others from committing harmful acts.
The formulation of the Civil Liability Bill of Bhutan, according to Members, is to consolidate, harmonize and codify tort provisions spread across the existing legislations, but this objective will be defeated if the same provision is not repealed.
Bhutan first charged an organization a fine of Nu 4.23 million as compensation for criminal nuisance that injured a woman in April 2021.
However, there were other instances where victims had to completely bear the loss. Earlier in 2021, the National Council said that there were about 19 such cases, and there was no accountability.
Torts can shift the burden of loss from the injured party to the party who is at fault or better suited to bear the burden of the loss. Typically, a party seeking redress through tort law will ask for damages in the form of monetary compensation. Less common remedies include injunction and restitution.
National Council will adopt the Civil Liability Act in the coming sitting.
