The act prohibits smoking in public places such as in government offices, educational institutions and health institutions, airports, public vehicles, public toilet, cinema halls, hotels, restaurants, canteens, hostels, lodges, stadiums, inns and religious places, industries, clubs, orphanages, old-age homes, day care and public transportation ticket counters.[break]
But the government has not done enough to enforce the law even in the Kathmandu Valley. The cops clamp down on smokers at public places only occasionally. "The ban has failed to take effect," said Shanta Lal Mulmi, executive director at Resource Centre for Primary Health Care (RECPHEC), an NGO that had strongly lobbied for the anti-smoking law. The government had prepared the draft of the Tobacco Control and Regulation Act in collaboration with RECPHEC.
“Had the ban been implemented effectively in the capital, it would have set a right precedent among citizens residing across the country. It could have helped in enforcing other rules as well,” opines Mulmi.
As per the act, one who smokes in a public place could be fined up to Rs 100. Likewise, anyone selling tobacco products to minors and pregnant women could be fined up to Rs 10,000.
The anti-smoking law also has a provision requiring tobacco companies to print colored pictures covering 75 percent of a pack containing tobacco products showing harmful effects of smoking. Meanwhile, the Supreme Court has stayed another provision banning the sale of individual sticks.
The tobacco companies had filed a writ petition at the SC challenging the provision.
Chief District Officer of Kathmandu district, Basanta Raj Gautam said the aim of the anti-smoking act is to discourage tobacco consumption.
"The strict monitoring and punishing people for smoking in public places is not enough," he said. “It is a social problem and awareness campaigns play important role in dealing with such problems. The government authority should work in collaboration with various NGOs and INGOs.”
Gautam said though the District Administration Office has been organizing various anti-smoking campaigns in cooperation NGOs the change would come gradually as it is difficult to reach the entire population in the Valley.
According to him, many health awareness programs are in the offing in joint venture with the district health posts.
Minister of Health and Population has asked administrative officers at each district administration offices to strengthen monitoring to ensure that nobody violates the anti-smoking act.
National Planning Commission is working to train the administrative officers of all 75 districts to effectively implement the law by the end of July,” according to a knowledgeable source.
A report with RECPHEC shows that around 37 percent of the total population consumes tobacco products. Every year, around 16,000 people die in the country from various tobacco-related diseases.
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INTERVIEW
Shanta Lal Mulmi
Executive Director at Resource Centre for Primary Health Care (RECPHEC)
Is there any change after the anti-smoking act came into force?
Of course, we have seen some positive changes in some parts of the country. For instance, in Nepalgunj, the district police office has formed a five-member mobile squad and provided them motorbikes. The squad reaches the scene from where the offense is reported and takes action against the wrongdoers. Likewise, in Ilam, initiatives have been taken to discourage smoking in public places. But in the Kathmandu Valley, very little is being done to ban smoking in public places. The police only sporadically act to enforce the ban on smoking in public places. The implementation of the anti-smoking law in the country still remains a challenge.
Why is enforcing the act in the Kathmandu Valley so difficult?
The government has appointed Assistant Chief District Officers as Inspectors (Monitoring Director) in every district and ordered them to effectively implement the law at district level.
The Assistant CDOs in the three districts of the Kathmandu Valley have yet to consider enforcing the anti-smoking as a priority. Most of the times they are busy mobilizing security forces during protests and rallies. Some assistant CDOs even do not know about the anti-smoking law.
What should the government do to implement the law?
It has been almost three years that the law has been brought into effect but the government hasn´t accomplished its goals.
Nepal had signed the Framework Convention on Tobacco Control of the World Health Organization in 2003 and passed the anti-smoking law in 2011.
After the enforcement of the law, the government should have made high-level inter-ministerial coordination committee between concerned ministries including industry, agriculture and health. But such a committee is yet to be formed.
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