Judiciary's Unfulfilled Duty: Public Judgment Access

The judiciary's role in maintaining transparency and accountability is crucial for a functioning democracy. 🤔 In Bhutan, this role has met with challenges, particularly concerning the public accessibility of court judgments.

Legal Mandate for Transparency

Back in 2011, the Civil and Criminal Procedure (Amendment) Act mandated that court judgments be made available to the public. 📜 This legal requirement aimed to enhance transparency within the judiciary by making judgments accessible through public domains, including libraries. Despite this, the majority of court rulings remain out of reach for the general populace.

Current State of Judgment Accessibility

Statistics from 2025 reveal a significant judicial workload: courts handled over 9,000 cases, with thousands resolved across various levels, including Dzongkhag and Drungkhag courts, as well as the High Court and Supreme Court. 📈 Yet, only a fraction of these rulings are published online.

Challenges in Access

While many countries treat court judgments as public documents, Bhutan's process requires formal requests, described as cumbersome by legal professionals. This limited access hinders public understanding of legal interpretations and diminishes confidence in the justice system.

The Importance of Public Access

Legal transparency is more than a procedural formality. ⚖️ It is foundational to public trust and accountability. Making judgments public allows citizens to scrutinize judicial reasoning, ensuring consistency and fairness in legal proceedings. It also aids lawyers and litigants by simplifying the retrieval of necessary documents.

Efforts Toward Digital Access

Digitisation is seen as a beacon of hope for improving access. The judiciary is gradually moving towards digital platforms, although progress has been slow. 🌐 The Wisdom Centre for Justice, established at JSW Law in 2025, is spearheading efforts to enhance transparency and cooperation within the justice sector.

Language and Accessibility

An additional barrier to accessing court judgments is language. Most are written in Dzongkha with Choekey elements, complicating comprehension for many. Providing translations in English could significantly broaden understanding and engagement.

Future Prospects and Reforms

The judiciary has set a target for full digital implementation by mid-2029. This initiative is part of broader reforms, including the Justice Sector Strategic Plan, which emphasizes modernizing legal aid and mediation processes. 🕒 These efforts reflect a commitment to adapting to contemporary needs and ensuring a more transparent legal system.

Conclusion: Towards Greater Transparency

As Bhutanese society continues to evolve, so too must its institutions. The move towards digital accessibility of court judgments is not just about compliance with legal mandates; it is about embracing a future where transparency and accountability are cornerstones of the justice system. 🔍 With ongoing reforms and digitisation, Bhutan is on the path to achieving these goals, promising a more informed and engaged citizenry.

Looking forward, the implementation of these reforms will be pivotal in strengthening trust in Bhutan's judicial processes. The journey may be long, but the commitment to transparency is a promising step towards a more open and accountable legal framework.