Article 7 Fundamental Rights
1. All persons shall have the right to life, liberty and security of person and shall not be deprived of such rights except in accordance with the due process of law.
7.A Bhutanese citizen shall have the right to freedom of movement and residence within Bhutan.
10. A Bhutanese citizen shall have the right to practice any lawful trade, profession or vocation.
11. A Bhutanese citizen shall have the right to equal pay for work of equal value.
12. A Bhutanese citizen shall have the right to freedom of peaceful assembly and freedom of association, other than membership of associations that are harmful to the peace and unity of the country, and shall have the right not to be compelled to belong to any association.
Article 8 Fundamental Duties
Article 9 Principles of State Policy
3. The State shall endeavour to create a civil society free of oppression, discrimination and violence, based on the rule of law, protection of human rights and dignity, and to ensure the fundamental rights and freedoms of the people.
12. The State shall endeavour to ensure the right to work, vocational guidance and training and just and favourable conditions of work.
13. The State shall endeavour to ensure the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
14. The State shall endeavour to ensure the right to fair and reasonable remuneration for one’s work.
15. The State shall endeavour to provide education for the purpose of improving and increasing knowledge, values and skills of the entire population with education being directed towards the full development of the human personality.
16. The State shall provide free education to all children of school going age up to tenth standard and ensure that technical and professional education is made generally available and that higher education is equally accessible to all on the basis of merit.
17. The State shall endeavour to take appropriate measures to eliminate all forms of discrimination and exploitation against women including trafficking, prostitution, abuse, violence, harassment and intimidation at work in both public and private spheres.
18. The State shall endeavour to take appropriate measures to ensure that children are protected against all forms of discrimination and exploitation including trafficking, prostitution, abuse, violence, degrading treatment and economic exploitation.
154 Trafficking a person
A defendant shall be guilty of the offence of trafficking a person, if the defendant transports, sells or buys a person within, into or outside of Bhutan for any purpose.
227 Trafficking of a child
A defendant shall be guilty of the offence of trafficking of a child, if the defendant, sells, buys or transports a child for any illegal purpose.
379 Trafficking a person for prostitution
A defendant shall be guilty of the offence of trafficking a person for prostitution, if the defendant transports, sells or buys a person into or outside of Bhutan with the purpose of engaging that person in prostitution.
Chapter II Prohibitions
Prohibition of forced or compulsory labour
No person shall make use of, cause or permit any form of forced or compulsory labour that is extracted from any person under the menace of any penalty and for which the person has not offered himself or herself voluntarily.
Section 6 does not apply to:
(a) work required of a prisoner to assist in public services;
(b) work required of a person in times of an emergency such as war, fire, flood, famine, earthquake, violent epidemic or epizootic diseases, that would endanger the existence or the well-being of the whole or part of the population; and
(c) work required of a person for shabtog lemi or other labour contributions for important local and public celebrations.
A person who contravenes section 6 shall be guilty of an offence which shall be a felony of the fourth degree.
Prohibition of the worst forms of child labour
No person shall subject a child to:
(a) any form of practices such as sale and trafficking, debt bondage, forced or compulsory labour, including recruitment for use in armed conflict;
(b) the use, procuring or offering of the child for prostitution, for the production of pornography or for pornographic performances;
(c) the use, procuring or offering of the child for illicit activities, in particular for the production and trafficking of drugs;
(d) work under particularly difficult conditions such as work for long hours or during night or work where the child is unreasonably confined to the premises of the employer; or
(e) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of a child including:
(i) work which exposes a child to physical, psychological or sexual abuse;
(ii) work underground, under water, at dangerous heights or in confined spaces;
(iii) work with dangerous machinery, equipment or tools, or which involves the manual handling or transport of heavy loads; or
(iv) work in an unhealthy environment that may expose the child to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to his or her health.
A person who contravenes section 9 shall be guilty of an offence which shall be a felony of the third degree.
Kha 1.11 Restriction on Performing Marriages of Minors
The traditional performance of marriages between minors as mentioned hereafter in Section Kha 1-14 shall also cease with the enactment of this Act. In contravention of which, the case shall be dealt with in accordance with the provisions laid down hereinafter in Section Kha 8-20.
Kha 1-14 Restriction on Grant of Marriage certificate for Marriages of Minors
Consequent to the restrictions on the marriages of minors as stipulated in the aforesaid Section Kha 1-11, no Marriage Certificates shall be granted for marriages performed between a male person not attaining the age of eighteen years and a female not attaining sixteen years as they are considered not to have attained full age. (Amendment to Section Kha 1-2 of THRIMSHUNG 1957).
Kha 8-20 Imposition of fine for performing child marriages
Whereas the performance of child marriages in villages are seemed to be against the laws, the realization of expenses so incurred for performing such marriages shall not be permitted. And where there have been exchanges of any lands, houses, properties, livestock etc. in such marriages, then the person who has given such properties shall have to take them back, and the persons performing such child marriages in contravention of the prescribed law shall be punished with a fine extending from Ngultrums three hundred to Ngultrums one thousand. I