Tobacco Control Act
Very limited impact on people: Experts
Although seven years have passed since the enactment of tobacco control act, it has very limited impact on the people's lives and lifestyles due to severe loopholes in it, said speakers at a press conference yesterday.
The Smoking and Using of Tobacco Products (Control) Act, 2005 needs to be reviewed thoroughly as implementation of the law would not be ensured effectively keeping the loopholes, they said.
Bangladesh Bar Council in association with Tobacco Free Kids (USA) organised the press conference to share the findings of a study at Dhaka Reporters Unity in the capital.
Presenting findings, Dr Asif Nazrul, a professor of Law Department of Dhaka University, said: "The tobacco control act is one of the non-implemented laws in our country as we didn't feel its presence in our lives even after seven years of its passage."
He said the law does define certain important terms like workplace, tobacco advertisement and promotion, tobacco sponsorship and second hand smoke.
He also said the definitions of tobacco product, authorised officer, public place and public transport as provided in the law are defected or not comprehensive.
Asif further said one of the serious flaws relating to the enforcement of the law lies in the definition of the authorised officer since it defines authorised officer from a narrow context.
According to the law, authorised officer means Upazila Nirbahi Officer (UNO) or upazila health and family planning officer or any officer of health directorate, he said. “It is impossible to enforce the law with these few officers in the context of Bangladesh.”
“These officers generally remain busy with other tasks. It is impossible for them to see who is smoking where,” Dr Asif said, suggesting appointment of authorised officer in every institution and providing them the authority to fine.
Regarding health warning, he said the warning message should cover at least fifty percent of the principal display areas of the cigarette packets.
Apart from textual warning, pictorial warnings depicting the effects of smoking should be introduced in the packs to discourage the people from smoking who cannot read, he said.
About fine against the law violators, Asif said the amount has to be increased. “Tk 50 is very low amount. It should be at least Tk 1,000.” He stressed the need for increasing more mobile court.
He suggested introducing a chapter in the textbook curriculum with pictorial images to create awareness about the menace from the very childhood.
Turin Afroz, a legal adviser of Bangladesh Anti-Tobacco-Free Kids, said a draft of the amended tobacco control act with provisions of tougher measures was supposed to be placed in the cabinet on December 29 last year, but that was not done in the wake of pressure from the owners of tobacco industries.
Abdul Baset Majumder, vice chairman of Bangladesh Bar Council, ZI Khan Panna, chairman of human rights and legal aid committee of Bangladesh Bar Council, and Farida Akhter, executive director of UBINIG, among others, also spoke.
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