Saturday, April 16, 2011 | By: CHIMI DORJI

Do i miss you?

Every time instead of ‘Hello’, ‘Miss you’, she hails
Miss you too’ reciprocate I, but
Deep down within every time on reciprocation
I ask myself, do I really miss you? How?

What kind of feeling and of what magnitude
Can be sufficient for feeling of candidly missing you?
The feeling which I owned ever since I saw you
Is it fit to call as feeling of genuinely missing you?
 As immortal days move on and on without an end
I would keep on wondering for answer until days find its end

I don’t know what feeling can be fit for as candid feeling
But trust me I have my own share of feeling for you
Do not know whether it can fit to call as genuine feeling of missing you
 I have feeling which was not born inherently
But planted permanently by you which functions automatically

Being we, miles away parted by boundless plains
And gigantic endless hills, every morning
As drawn opens the day I see myself so lonely
And inhumanly stirred by alarm voice
I land up wishing every morning
That how interesting and enjoyable it would be
If instead of alarm voice I hear your beautiful voice

Readying for class I walk to the mess for breakfast
Only to disappoint with monotonous breakfast
Nevertheless, the hunger makes the way to have a bite
How sadly I’m compelled to witness the couples
Sitting in opposite direction face to face
Munching the breakfast so happily irrespective of the quality
How many times I have to wish until I see you
If you’re are next to me I would forget the quality of breakfast

 As I lonely tread to class I could see many couples together
Walking hand to hand which flashes vividly our togetherness moments
If we were the one how interesting it would be
The class goes on then, couples sit together
But I lonely adjusted at the side
In pretext of listening I try my physical presence
But deep within who would have known
I land up every day in different world
The world where I can see everything you do
At least in class I try to forget you
Given the importance of class
But sadly it does not work at all
Rather it automatically flows
And lost watching you travelling in my mind then

Once again after class so lonely I tread back to hostel
After having lunch singly and
As sun tries to doze off and paves the way for moon
Down outside our university gate
When I singly walk I could see others in pairs
Arm to arm walking so happily, but
I wish at least you appear together with the moon
So that instead I again watching others in pairs
Walking in the University campus, we‘ll make a
Romantic stroll ever down the lane after dinner

 Like as if ‘you’ and ‘you only’ are my anatomy
You functions whole day in my body
And after carrying whole day ‘only you’ in my mind
Finally a time comes to retire for night
As I doze off still you in my mind
I do not know when I completely doze off
But still in slumber you appear and as dawns breaks
Another new day, again automatically
You in my mind and wishes continue in same form
And will continue until I see you and materialize my wishes
I never leave you for twenty four hours then
Yes, I do miss you really in my own way…..

Thursday, April 14, 2011 | By: CHIMI DORJI

Occassional agitations..

Just barely two weeks left for closing the semester and every one students as well as professors are on rush to wrap up all academic works expeditiously within reasonable time from exam so that students get time for preparation which we normally get hardly half- week time .All professors wanted to wrap up their work as far as possible speedily, even first from other professors if possible which is almost sounds like vying among professors but if they are running short of time who would not do it? Everybody would prefer to clean their head first. One of our senior professors must have been trying to clean her head first. Yesterday in second years’ class she was taking all five classes for presentations which according to her for other professors’ classes she already informed them and consented also.
However, one of the professors might have consent her unwillingly and furiously. Despite he consented I think when it was time for his class still he might have gone to the class and waited outside only to aggravate his frustration when he saw there was no sign of moving her out from the class rather she went on continuing the class. So, the aggrieved professor seemed to have complained to Vice Chancellor as in the midst of taking presentations VC with aggrieved professor directly walked in to the class and angrily yelled at her, get out of the class. She being one of senior and eminent professors in the university did not want to stoop; she wanted to exercise his seniority and eminence. On other hand VC being head of the University wanted to exercise his power, so there was hot conversation going on for some time. She left the class for aggrieved professor. As a result class seemed not moved by VC’s act, So they all came out of the class and shouted on top of their voice, boycott..boycott….
Meanwhile other classes heard it and joined the agitation against VC. As VC tried to make out the way to his chamber through the crowd, the students were trying to surround him from all directions. Some went on shouting, boycott,,,boycott, while some went on shouting Maro..Maro…I did not see it I was in the class but latter I was told that some were throwing slippers, chalks and water bottles. It was worst of all agitations I have seen in our University since I joined here.
When most of the students were looking for reasons to escape from sitting in class in the sweltering heat, all of a sudden this rightly served them the reason for bunking the class. After some time almost all students joined for agitation outside VC’s chamber. They wanted VC to apologies her for being too harsh. So they shouted, apology..apology. Yes he came out of his chamber and agreed to apologies to her but he wanted to talk with her in his chamber but students wanted outside right in front of them. After much agitation finally I was told that he apologized to her right in front of all students.
In India protest is weapon for everything which is actually their constitutional right. This right flows from their constitutional itself. If they have lawful ground they can protest. How far it is good weapon is debatable issue. In our constitution also there is provision but we don’t know how far we Bhutanese people prefer to exercise even if need arises or any other situation necessitates.
For the first time ever I saw agitation live with my own eyes right in front of me in 2009 around this time but it was just simple one. Yesterday’s was really capable of dubbing as real agitation. Being very first time that too happened on very interesting issue which was actually a topic capable to interests me to scribble on it as means for my time pass, So I was moved to record it. I recorded right away as under.
(3rd March,Tue, 2009)
“K. K sir is accused of sexually harassing one of the fourth year girls”, all of a sudden my friend muttered while we were hastening to mess for lunch after class. “Oops!!!!When? Who told you?” I enquired as I was utterly taken aback, “I don’t know they were chatting like that”, my friend reciprocated. Then I refrained from further enquiry as he himself was aware of simply tail of the information. I dumped such rumors at very embryonic stage without tracing the truth further either from other guys or seniors.
A month long was elapsed without knowing anything about the issue but almost after couple of months when I was casually running through notice coincidently found the notice regarding the issue which I actually thought was merely rumours. There it was written what my friend had told to me a couple of months back. The notice in nutshell reads, ‘one of faculty has sexually harassed one of the fourth year girls and for the same complaint is lodged to VC, for which he is given 10 days to take the action’. Only after affected in black and white I believed and thought it must have been happened candidly to that girl. Though SBC has given 10 days to take the action against him as they have already proved beyond reasonable doubt that the said faculty had sexually harassed her but then there complaint was no effect at all even after 10 days.
I did not bother to remember whether 10 days had elapsed since the lodged of the complaint, despite knowing that SBC has given 10 days for the same. But the particular faculty who was accused of the same, when in the midst of his class was going on in our class, group of 4th years barged into the class and without any rationale behind directly uttered, ‘get up’ and only after that some explained the rationale behind asking to get up. But the reason was to protest against administration for failing to initiate the action against the guilty lecturer but who would stoop to cooperative them when the same teacher’s class was going on and in front of him how can we directly protest against him he being a teacher after all and nothing was done to us in person though done to that girl. Majority in our class stayed back for his class while for some they simply got up and walk out of the class for the same. When some still stayed back then they went on abusing, ‘what the mother fuckers’ and even abused the teacher. When our mates asked the rationale behind protest then they simply said ask to your teacher he is right in front of you all, How disgraceful it was to him when they abused like that despite they being taught by the same teacher before.
Luckily when they barged into the class it was almost time for ending second period. When some left for the protest still he took the class about 5 minutes for those who were still back in the class and after that he went away as it was almost time to end second period. After he left then there was lots of yelling and some explained reason for protest while for some they apologized for abusing and these went on about 20 minutes and some even reached to the stage of exchanging blows but luckily did not happen as there were many people who stopped the same. Though there was protest in front of Vice chancellors office but no affect at all and owing to this all decided to boycott the classes until the Vice Chancellar takes action for the same and all boycotted the classes since the end of second period.
The protest in other universities is common and not new thing being a democratic country but unlike other universities our university is totally different which is the top and prestigious law university in India and never happened such protest since its establishment in 1998 until today but this is the first time to be stored as an history for university not as an history to be proud of but as a disgraceful history. Though being premiere university no one would have ever expected such protest to happen but many students justified that administration was not accountable for the students’ decisions and problems, not even once but many times and therefore they were forced to used necessary available weapon.
Who would want such a teacher no matter how fabulously he is committed to his profession if his behavior is unacceptable to society. The very next day after the protest the guilty teacher himself tendered the resignation letter to the administration, which otherwise students would not have left the administration peacefully in any case until some sort of action was taken against the same.

Sunday, April 10, 2011 | By: CHIMI DORJI

Recruitment finally...

Today the first thing that most couple would prefer after their wedlock is conception. After conception married couples would eagerly wait to see their first child and become parents. After having a kid then all they plan is about the welfare of their kid. Of all concerns about the kid the most important is about the education. Every parents perturb about the education of their kids, how far they would be able to educate their kids .So ,they do everything for making their kid literate and responsible human being. Three year toddler is actually too young to be in school instead he is just of age to still enjoy on mother’s lap happily on breast feeding. But who cares?, everybody prefer early education and early graduation. We spend almost couple of decades for education which could be around almost half of our life in education. Why do we study for all these long years? This strikes my mind very often especially when I have to toil days reeling my head with examinations, assignments, presentation and so on and so forth. Some would say we study for knowledge and some would say for job. Whatever rationale behind could be at the end it reduces to just one thing, for job. For getting job we have to spend almost half of our life and then we have to go on hunting jobs with little knowledge we secured from almost 20 years of education.
Finally after treading long way of education I think some of my class mates are almost at their destination. Though we have another year for graduation but as many firms have trend of recruiting students just eve of their final year, I could see many of my mates warming up for interviews which is happening very soon. Unlike other times this time when they heard recruitment I saw many of their eyelids and heads were raising with extra caution which means they all know how important it is. In any case they  all are set to grasp it and enjoy the fruits of all these toiling  years of education . I wish them Very best of luck, May god be with them!!

Friday, April 8, 2011 | By: CHIMI DORJI

Thoughts in the shadow of reality ..

I thought why I sensed hell life
I thought why I was busiest of all sentient beings
I thought why days and nights were seemed absent
I thought why time seemed heading at extreme pace
I thought why even a second was crucial like an hour
I thought why I was showered with endless anxiety
I thought who the bloody had gnawed my appetite
I thought who the punk had coaxed me to become weaker
Darn!!! Those were recurring exam days.

I thought why I felt abruptly like treading on the air
I thought why I felt abruptly like fluttering
I thought why I felt abruptly like riding on splendid caliber flight
I thought why my gait swapped abruptly
I thought why I became too audacious unlike ever other times
I thought why every word of others was bit of venom to me.
I thought why I spoke differently in different dialects.
I thought why I forgot pleasing words and remembered slangs only
I thought why I was perverted from normality
Damn!!! I was boozed

I thought why I was in dungeon
I thought why I was deprived of freedom of movement
I thought why I was always hunted behind in everything
I thought why I was not allowed to do what ever I wish.
I thought why everything was restricted to permission
I thought why golden voice of advices were pouring everyday
I thought why I was spoon fed in everything
I thought why everything was surrounded with stringent rules
Huh!!! High school life

I thought why I was in heaven
I thought why I was free like air
I thought why everything was on my hand
I thought why everything was not restricted to permission
I thought why I was given plethora of personal responsibility
I thought why there was drought of golden words of advices
I thought why there was drought of stringent norms
I thought why part of my life was so different
What a life!!!! College life huh!!!.

Monday, April 4, 2011 | By: CHIMI DORJI

Is the quantification of tobacco necessary for conviction viz-a viz the violation of Tobacco Control Act of Bhutan?

The Tobacco Act has been already enforced and adequate public hue and cry has been raised, the Act as draconian and the punishment prescribed under the Act is unreasonable disproportionate to the of gravity of offence. Many people are disheartened with this Act as instead of will the people of Bhutan it seems the will of the Parliamentarians. And also, weigh the Act with other laws wherein though offence is much severe than smuggling tobacco but it’s bail able and punishment prescribed is more relax than the one prescribed for smuggling tobacco.
 I’m sure if ask to every Bhutanese fellow about punishment for the offence of smuggling tobacco then everybody would say punishment is unreasonable, unfair and unjust. Felony of fourth degree is certainly too rigorous for the offence of smuggling tobacco but it is already a law of land and few people are already behind the bar. So no matter how unreasonable could be the punishment, once it is law of the land everybody is bond to abide by it.
It would have been just and reasonable if the offence under Act was punishable to the maximum extent of misdemeanor. But seems it was our legislature’s deliberate attempt for controlling tobacco. Unless they amend, which is not happening this coming session, executives will go on enforcing and judiciary will go on imposing the minimum punishment of three years and we don’t know how many would be unlucky to get minimum of three years until amendment, if ever happens the amendment or keep the Act ‘as is’ forever.
Though public claims that gravity of punishment is unreasonable, however, as to punishment the Act is very clear without any ambiguity but the Act is silent about minimum quantity of tobacco a person should posses to amount the violation of Act, to which recently Kuensel reported that law enforcers were seeking clarification from Tobacco Control Board as to quantity of tobacco that possessing what quantity of tobacco would amount to violation of Act? or irrespective of quantity all persons can be liable for violation of Act. When Tobacco Board clarified that irrespective of quantity all persons are liable for punishment, I thought their stand is right or else legislators should have been embedded the provision regarding the quantity? or by not providing the provision regarding quantity it can be considered as their lapses ? Or quantification is not necessary at all? If not necessary, why is it so?. Save all other controversial aspects of the Act, just get down to, as Kuensel titled, ‘nitty gritty’, about the quantification, whether it is necessary for conviction under the Act?
If we refer penal code of any country no where we would find the conviction for any offence is based on threshold of quantity. In property offences like theft, robbery and burglary the conviction is not based on quantity of property the person has committed the crime against. If person has committed the act punishable by law, for conviction no difference would make whether he has robbed one ngultrum or one million or smuggled one gram of gold or 500 grams of gold. The quantity is not a factor for conviction at all. After conviction for sentencing it may be a mitigating factor. If the conviction was to be based on quantity then whole purpose of law would be defeated as, despite commission of crime, some would get to walk free without punishment. After all whether person has robbed one ngultrum or one million ngultrum his mental element could be one and would have been sole driving force behind that led to result physical act and that act is crime if punishable by law otherwise not, so based on person’s mental element not based on threshold of quantity, person, provided his act is punishable by law, is convicted and punished his act. The whole criminal jurisprudence has been evolved based on so called mens reas(guilty mind) and actus reas(guilty act). Guilty mind means intention to commit the act punishable by law. Mere guilty mind without act (physical action, whether commission or omission, as the case may be) cannot amount to crime. There should be guilty mind and that guilty mind must have caused an act which is punishable by law. So, person is convicted and his act is punished based on mens rea. Though mere guilty mind without act cannot be amount to conviction but act without guilty mind can be amount to conviction. In strict liability (criminal) an act per is punishable without considering the mental element. It depends, some law may prescribe expressly or impliedly the requirement of guilty mind for particular offence while some law does not prescribe requirement of mental element which means criminal liability is strict, an act per se is punishable irrespective of mens rea.
The Tobacco Act as name of the Act itself connotes is meant for controlling the tobacco. No where the act mentions about the requirement of mental element, the very act of person possessing tobacco per se seems offence if he does not produce the receipt. Since very act of possessing tobacco per se without tax receipt is offence under the Act the person cannot walk free even if he is found with a packet of cigarette. The Tobacco Act was intended to punish the offender for his very act of possessing tobacco if found without receipt, so the quantity of tobacco is immaterial for conviction under the Act. Once it is found person is possessed with tobacco without receipt then it is sufficient to prove that he has violated the Act. Once it has been proved that person has violated the Act then the quantity seems favorable for deciding whether his violation would fall under misdemeanor or felony of fourth degree. The word used under the Act is ‘sell’, which means prohibited to sell, so quantity can a factor for tracing his mental element whether he intended for self consumption or smuggle for sell. Even it’s for self consumption if it is found without receipt then still liable for violation of Act. In any way he cannot walk away without punishment once he is found possessing tobacco, irrespective of quantity, he is liable for conviction under the Act as act of possessing tobacco per se is an offence under the Act, whether under misdemeanor or felony seems controversy which may vary from case to case. The conviction for any offence is based on actus reus and mens reas of the offender and thus, the quantification of tobacco for conviction under the Tobacco is not necessary. Possession per se is punishable under the Act, which seems this was necessitated for accomplishing the very purpose of the Act, for controlling tobacco but how far it would make a difference, let’s watch and see ahead

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