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Sunday, 23 October 2011

Marriage Act in Bhutan: Discrimination of Bhutanese who marry non-Bhutanese

Marriage Act in Bhutan
http://www.unhcr.org/refworld/country,,NATLEGBOD,,BTN,,3ae6b4d624,0.html


Kha 2-1: Marriage with a non-Bhutanese
If a Bhutanese citizen wants to obtain a marriage certificate from a court of Law to enter into matrimony with a non-Bhutanese spouse whether residing in the kingdom or outside, he/she will be required to produce two persons as guarantors before the court. One of them must be a reliable Bhutanese citizen in the knowledge of the court and both of them must possess thorough knowledge about the bride and the groom. Thereafter, the matter shall be processed in accordance with the article kha- 1-5 as mentioned above (Ref-Thrimshung 1957, article kha 2-2)

Kha 2-2: A non-Bhutanese married to a Bhutanese citizen must abide by the traditional customs and the citizenship act.
The question whether a non-Bhutanese spouse shall acquire Bhutanese citizenship or not whether he/she shall be allowed to live in the kingdom or not shall depend on the citizenship act, traditional and cultural requirements and the government directives issued from time to time.

Kha 2-3: Rules and regulations to be followed by a non-Bhutanese married to a Bhutanese citizen.
A non-Bhutanese married to a Bhutanese spouse must abide by the following rules and regulations irrespective of whether he/she acquires citizenship.

Kha 2-4: Promotions shall not be granted to a Bhutanese citizen married to a non-Bhutanese.
Any Bhutanese citizen working under the Government of Bhutan shall not be granted promotion with effect from June 11, 1977 if married to a non-Bhutanese or such a person will never get promotion beyond the post he/she held at the time of marriage with the non-Bhutanese. Such a person shall not be promoted beyond the post of a subdivisional officer.

Kha 2-5: Promotions shall not be granted to a Bhutanese citizen married to a non-Bhutanese.
Whichever post a Bhutanese citizen held prior to marriage with a non-Bhutanese or prior to June 11, 1977, such a person shall not be granted promotion beyond the post he held from the date of marriage with the non-Bhutanese or after June 11, 1977.

Kha 2-6: A Bhutanese citizen married to a non-Bhutanese shall not be employed in the national defence department or in the Ministry of Foreign Affairs.
Any Bhutanese citizen employed in the national defence department or in the Ministry of Foreign Affairs shall be removed from such services if he/she is married to a non-Bhutanese. No Bhutanese shall be employed in these two departments if married to a non-Bhutanese.

Kha 2-7: A Bhutanese citizen married to a non-Bhutanese shall not get facilities enjoyed by other citizens.
A Bhutanese citizen whatever status he/she may enjoy shall not be entitled to other facilities and welfare of the government including the following assistance upon marriage with a non-Bhutanese:

(a)Distribution of land.

(b)Cash loans.

(c)Seeds for cultivation and oxen for ploughing fields.

(d)Livestock and income generating livestock schemes of the department of Animal Husbandry.

(e)Treatment abroad and

(f)Grant of capital for factory, industry or trade.

Kha 2-8: A Bhutanese married to a non-Bhutanese shall not be entitled to education and training abroad.
A Bhutanese citizen receiving education and training under the government funding shall not be entitled to the following facilities and welfare upon marriage with a non-Bhutanese:

(a)No assistance shall be provided by the government to undertake education or training either inside Bhutan or outside.

(b)Government assistance being rendered for education or training shall be discontinued from the day of marriage.

(c)The expenses incurred by the government on education or training until the day of marriage will be required to be refunded to the government.

(d)A Bhutanese citizen under going education or training abroad under a foreign scholarship shall lose it immediately upon marriage with a non-Bhutanese. In such a case the government of Bhutan shall request the concerned foreign government to stop the funding.

Kha 2-9: Religion of a non-Bhutanese married to a Bhutanese citizen.
If a non-Bhutanese married to a Bhutanese citizen is allowed to live in the kingdom, then, he/ she shall not be permitted to preach other religion or start a new religion except the religion of the kingdom of Bhutan.

Kha 2-10: A non-Bhutanese married to a Bhutanese citizen shall be required to follow the culture of the kingdom and the government orders.
A non-Bhutanese married to a Bhutanese citizen, if allowed to live in the kingdom irrespective of whether he/she acquires the Bhutanese citizenship shall he required to follow the traditional customs, government orders and laws in force in the kingdom.

Kha 2-11: A non-Bhutanese married to a Bhutanese citizen shall be required to comply with the Marriage Act.
A non-Bhutanese married to a Bhutanese citizen irrespective of whether he/she acquires Bhutanese citizenship or not shall be required to abide by the rules included in the provisions of this Marriage Act on all matters of Marriage.

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