The clock ticked 3:00PM and the weather was chilly. A group of young journalist gathered near my office waiting in anticipation on the Press Conference we were about to hold in a moment later. They all looked excited and eager to extract the latest news on Tobacco Control in Bhutan. After an extensive briefing and question answer session, they looked satisfied and rushed to their office to inform the public at the earliest.
The next day, I caught hold of few papers and they have published the information with minor
errors. I looked at the editorial views and as expected, two papers had their editorials on the issue. Kuensel quoted “although Bhutan grabbed international headlines for doing what it did the legislations only led to a thriving black market. Instead of framing legislations that works, the new tobacco law, passed this year, is even more draconian”. In the end of this column states, “In the end the answer is regular and consistent advocacy as the developed world has shown not prescribing a way of life. Despite that if people what to flare up they must be given the choice”.
errors. I looked at the editorial views and as expected, two papers had their editorials on the issue. Kuensel quoted “although Bhutan grabbed international headlines for doing what it did the legislations only led to a thriving black market. Instead of framing legislations that works, the new tobacco law, passed this year, is even more draconian”. In the end of this column states, “In the end the answer is regular and consistent advocacy as the developed world has shown not prescribing a way of life. Despite that if people what to flare up they must be given the choice”.
Similarly, Bhutan Today editorial quoted “Getting sentence of three to five years for not revealing the name of the shop that smokers bought a bidi from does not look like a law framed in modern age; especially not in a new democracy”.
These two papers has caused enough criticism and skepticism whether this Act will ever work?. There is no doubt that what these two papers have quoted has a lot of hidden wisdom and unforeseen implications on the Act.
However, this Act is supposed to be one of the most extensively deliberated in the Parliament for the last two years by the so-called Hon’ble Members of the First Democratically elected Parliament comprising some of the most reputed, elite and senior planners, educationists, decision makers and above all most respected and highest legislative body of the country. I am sure; these people must have put in their wisdom and considered the time and period at which this Act is to be enforced.
In fact, recognizing the potential implications of tobacco use on the health of the Bhutanese population particularly the youth, the Ministry of Health with support from the WHO initiated a public information campaign on the harmful effects of tobacco use in the mid 1980s. Although these activities were largely limited to the World No Tobacco Days, it has been instrumental in several districts taking initiatives and declaring them tobacco free. With the establishment of a formal programme in 1998 tobacco control activities have become focused and carried out regularly in the country.
In the 70th National Assembly of Bhutan in 1991, the people of Thimphu District proposed a ban on tobacco products. The Royal Advisory Councilors and many representatives of the people took the common stand. While noting with appreciation, His Majesty the fourth King suggested, since tobacco was harmful both in the context of religious faith as well as physical health, the Royal Government should make every effort to educate and promote awareness among the people about the adverse effects of smoking through the educational and health institutions.
the People’s Representative of Thimphu Dzongkhag submitted that as Bhutan was a Buddhist Kingdom that had been blessed by Guru Rimpochey, and since smoking was not in conformity with religious faith and also injurious to health, the sale of cigarettes/tobacco should be banned in the country.
In response, the Minister of Social Services said that smoking was indeed harmful to health whether it was seen from the religious or health perspective. In order to discourage smoking, he said that the 31st of May as “No Smoking” day each year. It had also been most encouraging to note that the steps taken by the individual Dzongkhag Yargye Tshogchungs to prohibit the sale of cigarettes/ tobacco in their respective Dzongkhags had resulted in a significant reduction in smoking in the Kingdom. However, he felt that in light of the disturbances created by the ngolops in the south, regulatory actions such as a ban on the consumption of tobacco may prove counterproductive.
The Royal Advisory Councilors and many representatives of the people took the common stand that, since Bhutan was a Buddhist country and as consumption of tobacco was not in conformity with the practice of Dharma and was at the same time injurious to health, sale of tobacco products should not only be banned in Thimphu but all over Bhutan. Others argued in favour of raising sales tax on the item.
Now, the Home Minister intervened to draw the attention of the House to the difficulties that would be involved in implementing a law banning cigarette smoking. He observed that consumption of tobacco products, liquor or doma (betel nut) were personal habits and practices, the harmful consequences of which were well known to those who indulged in them. He asserted that it would be both undesirable and near impossible to implement such a ban.
The Secretary of the Dratshang Lhentshog expressed his support for this position by stating that as long as the smokers were aware of the adverse effects of their habit, as far as religion was concerned, giving up the habit should be done out of free will and personal faith, and must never be imposed through the instrument of law. He, therefore, saw no need for the enactment of a law on this subject.
While noting with appreciation, the proposal of the people of Thimphu for a ban on tobacco products, His Majesty the King was pleased to suggest that since tobacco was harmful both in the context of religious faith as well as physical health, the Royal Government should make every effort to educate and promote awareness among the people about the adverse effects of smoking through the educational and health institutions so that indulgence in the habit could be minimized. His Majesty felt that such a campaign would be very useful, and would not have the negative impact of regulatory measures.Appreciating the wisdom of His Majesty’s suggestion, the National Assembly resolved that the Royal Government should take suitable action in accordance with it.
In 2007, Ministry of Health initiated the drafting of the Tobacco Control Bill and submitted to the Parliament in 2008. After two years of extensive deliberations in the parliament, on 2 June 2010, the Tobacco Control Act was enacted and became effective from June 16, 2010 after His Majesty’s Royal Assent.
Some of the key features of this Act are as follows:
This Act has 12 chapters and 60 sections. Some of the key features of this Act are strict prohibition on the cultivation, harvesting, manufacturing, supplying, distribution, sale, buy, promotion, advertisement and sponsorship of tobacco and tobacco products and smoking in public places defined under Section 3 of the Act which include Commercial, Recreational Centers, institutions, Public Gatherings and Public Transport.
Any person found smuggling would face a fourth degree felony as per the Section 50 and 497 of the Act and Penal Code of Bhutan 2004 respectively. Similarly, sale and buy of tobacco and tobacco products is an offence of misdemeanor without receipt/proof of import for personal consumption if the source of supply is revealed, otherwise the person will be punishable with fourth degree felony in addition to misdemeanor as per Section 51 of the Act.
The 2nd TCB declared all offices including private educational offices, dzongs, monasteries, museums, health, educational, religious and training centers and their vicinity, exhibition halls and showrooms, public meetings, Tschechu, festivals, traditional celebrations, vegetable markets, bus and taxi stands, airports and all buses and taxis all forms of motor vehicles and aircrafts for passenger transport as the “Smoke Free Zones. A person found smoking in non-smoking areas and smoke free zones except in the designated room/spaces will be imposed a fine of Nu.500 (Five Hundred Ngultrums) per incident.
Further, a person desiring to import tobacco and tobacco products may import not exceeding the quantity of 200 sticks of cigarettes/bidis or 30 pieces of cigar or 150 grams of other tobacco and tobacco products per month for personal consumption after paying 100 percent sales tax and 100 percent customs duty as admissible under the rules. While declaring the tobacco and tobacco products, the person shall produce, an Identity Card (Citizenship, Passport, and Voter Photo Identity Card) or other relevant documents issued by his/her country of origin.
The Act also mandates the owner/manager/supervisor/a person responsible for the operation of the public place or transport referred or defined as the person-in-charge is to display notices indicating that smoking is not permitted in the non-smoking areas except the Smoke Free Zones. And also designate rooms/ spaces for smoking with proper ventilation besides ensuring that no person smokes in the non smoking areas and report the matter to the law enforcement officials in case if the offender continues to smoke. If the person-in-charge fails to display the notice board/signboard and designate smoking rooms/spaces/areas or floors, they will be imposed Nu.10,000 (Ten Thousand Ngultrums) per incident as fine.
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