Will the Act be reasonable?
With the stringent Tobacco Control Act in place, the black market in Bhutan has become source of fast, easy and good money. Because of lucrative business, the illegal trade is on the rise. According to common citizens, the lawmakers (members of parliament) smoked or chewed tobacco, even journalists who write about violators and enforcers are no exception.
There is a tinge of truth in what the frustrated smoker, because of the huge sum he is paying to the black market, remarked. An investigation at the custom office in Phuentsholing would reveal how many of the above have declared their product, while they never cease to smoke or chew.
Even an MP would be entitled to only 150 grams or 15 packets of chewing tobacco a month. We all know that no smoker or those who chew tobacco travel to Phuentsholing to buy 15 packets of chewing tobacco, or 20 packets of cigarettes every month.
The Tobacco (amendment) Bill is being discussed thoroughly, and it is important for it to be discussed to the bare bones, before it is amended and passed. There is a general agreement that tobacco is bad, both for health and Buddhist Bhutan. But there is also a consensus that, while the law is needed, the punishment the law spells out is not proportionate to the crime committed – for instance, serving three years jail term for bringing in 12 packets worth Nu 36 of chewing tobacco, without declaring at the customs office.
Those closely following the debate in the parliament are indirectly pressurising MPs by calling them to use their “wisdom” and “intelligence” as the “best elected” to make the law more reasonable and enforceable. Some members are suggesting that the Act had the support of local leaders. The debate here is not about what kind of support the act is receiving, but if the penalty it prescribes is logical.
However, the discussions are moving in the right direction, as the Assembly removed some sections that brought down the offense of bringing in or being found with tobacco products to a misdemeanour from a fourth degree felony. The word “smuggling”, whose interpretation has resulted in locking up up to 40 people behind bars, was also removed.
Discussions on the Tobacco amendment Bill are closely followed, so will be its implementation. The Act was not effective where it should have been. There are still no designated smoking places in public spaces, while the restrictions have only resulted in a thriving black market. The Assembly’s proposal to increase the permissible limit will not help.
A perfect Act to suit both who use tobacco while imposing the ban of sale of tobacco would be difficult, but the general expectation is that the Act should not be too strict to criminalise smokers or those who chew tobacco.
