Bhutan Gyalsung Bill

By Saneem Afshain

On November 8th, 2022, the Bhutan National Assembly (NA) approved Gyalsung Bill Kingdom of Bhutan 2022 unanimously after thorough deliberation. National Service Program, Gyalsung program will start in 2024. Gyalsung training program will be a one-year unified training program mandatory for all youths reaching the age of 18 and if in school  upon achievement of grade twelve.

The one-year training will include three months of basic military training followed by nine months of specialized training in various fields ranging from home construction technologies, computing, and entrepreneurship to concentrate development of skills in agriculture. The National Service is also a Fundamental Duty required of all Bhutanese citizens as enshrined in Article 8.1 of the Constitution of the Kingdom of Bhutan.

The National Service comprises three phases National Service (NS) Cadets who should undergo a one-year integrated training program where there will be three months of Basic Military Training followed by specialized skills training in various areas. National Service Duty (NS Duty) is the second phase. Gyalsups may be called for both Mandatory Duty and Voluntary Duty until the age of 35 years.

In the third phase of National Service Reserve, upon achievement of NS Duty, NS personnel should remain as reservists until they reach the age of 45 years at which point they complete the National Service obligations. Thereafter, they may volunteer to join De-Suung.

A seven-member council will oversee the programme including the home secretary and the Gyalsung headquarters secretary who will serve for the tenancy of their office. The other members will serve for five years. The governing council will form the Gyalsung academies headed by commandants deputed from the Royal Bhutan Armed Forces to instruct basic military training and other specialized training.

The Royal Government shall provide a budget as annual funding to finance the administration and operations of the Gyalsung Headquarters and Gyalsung Academies,” the Bill states. The Bill also states that a person who fails to register for Gyalsung Training upon receiving the notice will be liable for an offence and be fined the daily national minimum wage rate for up to a maximum of 90 days.

According to the Bill a person who escapes Gyalsung Training commits an offence and will be accountable upon conviction for a crime of the fourth degree as per the Penal Code of Bhutan.  Although few National Assembly members sought clarifications on some sections and clauses, the Bill was passed quickly with all the 45 members present voting yes.

Exercising the Royal privilege enshrined in the Article 2 of the Constitution, His Majesty issued a Royal Kasho asking the Speaker of the National Assembly and the Chairperson of the National Council to introduce the Gyalsung Bill in the Parliament. Speaker read the Kasho to the House before the presentation and discussions on the Bill started. Leader of the National Service Core Working Group that drafted the Bill, who introduced the Bill to the House.

Interestingly, the eligibility criteria may rule out some individuals from participating in the program. “A child serving sentence for an offence punishable with third-degree felony and above and, who is serving sentence for an offence punishable with fourth-degree felony for being a criminal and habitual offender are ineligible.

It may be ideal, if every Bhutanese attaining 18 could participate regardless of their criminal background. The opportunity could definitely change their mentality and become an improved citizen.  The person may be considered ineligible if the board or the medical doctors establish him or her mentally incompetent.

Leader of the National Service Core Working Group said that every year, there will be around 13,000 children qualified for the program based on their evaluations. There will not be many who would be unqualified. He said that going by the data from the judiciary, only three children below 18 are given third- and fourth-degree felony. The number might increase in the future but we don’t have many at the moment.

Leader of the National Service Core Working Group also explained that if the person has ended serving the prison term before attaining 18 years, he or she will be given the chance. However, if the person is still serving prison during the time they attain 18 years they the person will not be eligible.

These ineligibility criteria could also serve as deterrents to bad behavior among the children since they could instil fear in themselves on losing the opportunity,” he said even if the person misses the Gyalsung because of the fact they were in prison, they can always join programs like De-Suung after they complete serving their prison terms.

The disqualification criteria in fact benefit the children by securing them from other possible disqualifications. However, the offence of fourth-degree offence to the person who evades or deserts Gyalsung program commits an offence is too harsh. Some MPs said the fourth-degree felony could deter people from evading the program. “If the offence is a misdemeanor, rich people can pay in lieu and not take part in the program. This will widen the gap between the rich and the poor. The bill can bring positive changes in Bhutan society, if used properly.  The credit for initiating the Gyalsung Bill and instituting the program goes to his majesty the King of Bhutan.

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