A review of tobacco control laws in Bangladesh

The tobacco epidemic is one of the biggest public health threats the world has ever faced. According to the World Health Organisation (WHO), smoking kills nearly 8 million people yearly, while secondhand smoke causes another 1.3 million deaths annually. Despite this horrific number, it is shocking that our government is not taking this issue more seriously. It needs to be noted that Bangladesh ratified the WHO Framework Convention on Tobacco Control (FCTC) in 2004 in order to discourage smoking and using tobacco products. In line with the FCTC, the Government of Bangladesh enacted the Smoking and Use of Tobacco Products (Control) Act 2005, with several key amendments in 2013. However, despite these, widespread lack of awareness and enforcement of the laws has led to a significant gap between legal provisions and the actual reality.

Most people do not even know that smoking in public places is totally prohibited in Bangladesh due to such non-enforcement. Additionally, the sale of tobacco products to underaged individuals persists, despite being explicitly forbidden in the law. The failure to effectively implement these laws undermines public health objectives and the protection of vulnerable populations.

According to section 4 of the Smoking and Usinge of Tobacco Products (Control) Act, 2005, no person shall smoke in public places and in the public vehicles.  Any individual found contravening this provision is liable to a penalty, with a fine not exceeding three hundred Taka for the first offence and for repeated offences, the fine will increase. Similarly, according to section 6A, the sale of tobacco or tobacco products to any person under the age of eighteen years has been prohibited, with a penalty up to five thousand Taka in case of contravention for the first time, and for repeated offences, the fine will increase.

To effectively protect public health, it is crucial for the government to not only enact laws but also ensure the proper implementation of such laws. A combined approach involving stricter enforcement, public education, and legislative reforms is necessary to close the gap between the law and its real-world application.

On the other hand, under section 9 of the Act, the authorised officer has the right to enter and inspect into any public place or vehicle for the purpose of carrying out the provisions of this Act. Also, according to section 14, no court can directly take cognizance of any offence under this Act unless the authorised officer files a written complaint. Thus, the exorbitant power given to the officers compared to that of the Court robs people off the access to justice and further aggravates the state of enforcement of the law.

Additionally, mobile courts are vested with the authority to enforce provisions related to the Act. However, the mobile courts have not been regular in taking actions against such violations until recent times. This absence of enforcement further contributes to render the Act ineffective and undermines its objectives. Furthermore, according to section 15A, a National Tobacco Control Cell has been established in 2007, but its overall effectiveness remains questionable.

Additionally, a major problem with the current law is that it does not impose any explicit restrictions on the use, advertising, promotion, sponsorship, or packaging, and labeling of 'e-cigarettes'. Although recently the Government has issued a ban on the import of e-cigarettes and electronic nicotine delivery systems, the efforts remain insufficient unless the existing Act is amended to include provisions that explicitly prohibit the use of e-cigarettes, along with comprehensive regulations governing their advertising, promotion, sponsorship, and labeling.

Hence, to effectively protect public health, it is crucial for the government to not only enact laws but also ensure the proper implementation of such laws. A combined approach involving stricter enforcement, public education, and legislative reforms is necessary to close the gap between the law and its real-world application.

The writer is law student at American International University-Bangladesh (AIUB).