New law bans smoking even in private offices

With the amended tobacco control law defining all indoor work places as 'public place', smoking is not possible even in private office buildings.

More than 45 percent people either smoke or chew tobacco in Bangladesh, making it one of the top five countries in tobacco consumption in the world.

But tobacco industry lobbies are strong. Anti-tobacco activists say they delayed adoption of rules for implementing the 2013 amended law by nearly two years.

The rules have finally been adopted  on Mar 12 this year clearing the path for implementing the law that has broadened the definition of public places, increased penalties and introduced pictorial health warning in tobacco packages.

“It’s a strong law no doubt, but the challenge lies in how it is implemented. Key role lies on the authorised officer,” ABM Zubair, executive director of an anti-tobacco NGO PROGGA told bdnews24.com.

Which is a public place?

The law defined 24 types of places as public place and eight types of vehicles as public transport where smoking is completely banned.

But in some places they can keep designated smoking zone, but that place must be outside the main working building and beyond the path of non-smokers.

“The zone (designated smoking zone) will be such a place from where smoke does not enter the non-smoking zone,” Taifur Rahman, Bangladesh coordinator of the US-based Campaign for Tobacco Free Kids (CTFK), told bdnews24.com.

“The main spirit of the law is to protect non-smokers from second-hand smoking”.

Educational institutions, government offices, semi-government offices, non-government offices, indoor work places, office of autonomous bodies, libraries, elevators, hospitals and clinic building, court buildings, and restaurants covered by four walls have been defined as public places.

Airport buildings, sea port buildings, river port buildings, railway station building, bus terminal building, cinema halls, exhibition halls, theatre halls, market buildings, and public toilets are also in the list.

Children’s parks, fairs, places where passengers queue up for availing public vehicles, or any other place accessible for collective use by people are also defined as public places.

Besides, any other or all places declared by general or special order of the government or local government intuitions will be known as smoke-free places, according to the new law.

It includes motor car, bus, train, tram, ship, launch, all kinds of mechanical public transports, aircrafts, or other transports notified by government official gazette will be defined as public vehicles where smoking is banned.

Smokers in those places must pay Tk 300 as penalty, which will be doubled each time for repeat violations.

Though the law kept smoking zone provision, it clearly mentioned some places where such zones cannot be allowed.

Those are: educational institution, library, hospital and clinic building, cinema hall, exhibition centre, theatre hall, restaurants covered by four walls, children’s park, covered place for sports and physical training, and one-compartment public transport.

Multi-compartment public transport like trains can keep a smoking zone, but it must be at the rear portion of the vehicle which is not used by passengers.

Implementation

This amended law has brightened the anti-tobacco image of Bangladesh as this has for the first time introduced the pictorial health warning.

According to rules, tobacco companies must print those warnings by Mar 12 next year covering 50 percent of the package.

Children, below 18 years of age, cannot buy or sell tobacco under the law that for the first time recognised smokeless tobacco like Zarda, which is culturally accepted but can cause cancer, as tobacco.

The rules also empowered the authorities to prevent their staff or service seekers from smoking.

Authorities must display the warning notice, remove all ashtrays, request the smoker not to smoke, expel them if needed, stop providing services, and finally can call in law enforcing agencies.

They will be fined Tk 500 if they failed to prevent.

The fine will be Tk 1000 for not displaying warning notice (abstain from smoking, it is a punishable offense) in their offices or buildings.

Penalty will be doubled each time for repeat violations.

Authorised Officer

The law authorises some officials who can intercept, lodge complaint on behalf of a citizen, and call magistrates for realising fines.

At Upazila level they would be the Upazila Nirbahi Officer or Upazila Health and Family Planning Officer or any equivalent or senior officer of Directorate General of Health Services or any officer authorised by the government.

Besides, first class officers of the National Tobacco Control Cell, senior health education officer, officers authorised under Railways Act 1890, police officer not lower in rank than a Sub-Inspector (SI) and narcotics control department officials not less than assistant director are authorised this task.

Sanitary inspectors, factory inspector, and first class officers of the fire brigade are also defined as authorised officers by this tobacco control law.

These authorised officers will be able to enter and inspect any public place or transport as defined by the law and expel or remove any person violating the law.

They can also destroy or seize illegal tobacco products.

People must take their permission to lodge a complaint for, what the anti-tobacco activists say, preventing any intentional or unnecessary cases.

“This violation is a cognisable offence. So police can take into account this offence and arrest those violating the law and produce them in court,” the CTFK coordinator Rahman said.

Tobacco companies cannot use their name and logo anywhere as the law has banned all forms of tobacco advertising including at shops.