Similar notices are now pasted in most government offices since the Tobacco Control and Regulatory Act-2010 came into effect on August 7.[break]
Right outside the KMC building, however, Laxmi Thapa stands smoking and chatting with the shop vendor. When asked if she was aware of the anti-smoking law, the 43-year-old smiles and says, “I have no idea about it.”
The shop owner, requesting not to be named, on the other hand, said that she had heard about it but was not really sure if she was to completely stop selling cigarettes and tobacco products. “I’ll continue selling as long as people come and buy,” she said.
According to the anti-smoking law, government offices, educational institutions, airports, public transport, children’s homes, old age homes, public toilets, work places in industries and factories, cinema halls or theatres, hotels, motels, restaurants, bars, hostels, guesthouses, stadiums, fitness centers, department stores, mini markets, religious places, bus stops and ticket counters have been designated no-smoking zones.
However, there is a provision that certain smoking zones can be allowed in hotels.
A fine of Rs 100 to 100,000 can be charged to offenders smoking in public places or selling tobacco products to people below 18, or to pregnant women.
The ban also restricts the sale of tobacco products within a 100-metre radius of educational and health institutions, children’s homes, childcare centers and home for elders.
Dinesh Kumar, who runs a general store near Norvic Hospital in Thapathali, still sells cigarettes in his store. But he says that after the ban he has not restocked his cigarette supplies. “I don’t sell many cigarettes these days, and moreover, the number of people smoking outside seems to have gone down,” he says.
As selling cigarettes near hospitals is a violation of laws now and with the traffic police always nearby and when asked if he has ever been warned or if there has been any checking, he says there has been none. “I can stop selling them. Moreover, my shop mostly sells fruits and juices,” he says.
In some restaurants around town, such as Roadhouse Café and Chikusa Coffee Shop, the law seems to have been well received as they have marked off-smoking and non-smoking zones within the restaurants.
“We’ve had this system before, but we had kept it flexible for our guests. The government ban, however, has pushed us to follow it more strictly. We still have a smoking zone and currently marking a separate area for it. Except for a few, it’s been received well by most of our guests,” says Chitra Karki, assistant captain at Roadhouse Café, Thamel.
Avik JB Singh, Deputy Sales and Marketing Manager at Hotel de’l Annapurna, says that after the smoking ban came into effect, the hotel has entirely changed its smoking settings.
Accordingly, all of their restaurants, the indoor areas, including all hotel rooms, are now completely non-smoking zones but they have also clearly marked outdoor smoking sections. Even for the staff, the hotel has designated some selective outdoor smoking areas.
“Almost all our guests are well aware of the law, and in fact, this has been a change that most of our guests have wanted, too,” says Singh.
On the government side, there still seems to be some confusion regarding how the ban is to be implemented and regulated.
Kathmandu District Administration official Madhab Sharma says that within the offices, including the canteen area, smoking has completely been banned. Beyond it, the local police have already been assigned their roles to monitor and implement the regulation.
SP Kedar Rijal, on the other hand, insists that they have not yet received clear instructions on issues such as how to proceed with the fines and repeated violations. However, he says, they have started taking actions against people smoking in vehicles and in some public places.
“It’s currently limited to giving advice and warnings. Many people are still unaware of the ban. So we can’t enforce fines right away. Furthermore, we still need to have a few more meetings with the DAO about the monitoring,” Rijal says.
Regarding the awareness campaigns for the effective implementation of the law, Health Ministry official Komal Prasad Acharya informs that the National Health, Education, Information and Communication Center will be the focal point in carrying out the campaign programs and activities.
He also informs that within a few days, the inter-ministerial coordinating committee will soon appoint an inspector who will further monitor the cases of violations and offenders.
Starting November 4, yet another phase of the law will come into implementation as producers will have to set aside 75 percent of their tobacco product packets to statutory and pictorial warning.
Though the Act has been welcomed by many health and public sectors throughout the nation, the execution aspect still dwindles between implementation and monitoring forces.
It also cannot be denied that the Act can only be completely effective with public acknowledgement and support.
Related story
MoICS to continue import ban on 10 items
