Smoking : a threat to public health and environment

Since smoking in public places causes harms to public in large, it amounts to danger to the health of the people at large, it’s a threat to public health and environment

Every citizen of a country is entitled to enjoy his or her right to have a healthy environment for having a healthy life. However, the activities of certain citizens tend to hamper the ability of others to enjoy a healthy environment and the activities can be sometimes proven to be public nuisance. Smoking in public places or in transport services is one such activity, which is not only prohibited by law but also a threat to public health. Smoking is a self injurious activity for the smokers themselves and passive smoking is also dangerous since it can cause different sort of health issues such as damage of heart and blood circulation, lung disease, which may turn as cancer as well (Cancer Research UK). In addition, the environment, especially the air, is polluted through smoking at public places such as streets, parks where people go to relax and inhale fresh air, and so on. The activities can be termed as voluntary victimization of those who are not involved with smoking causing them the harms. Children are the vulnerable subject matter of the victimization.

As stated above, public smoking can also be termed as public nuisance as the laws on public nuisance conveys so. According to the definition provided by the Cambridge Dictionary where nuisance means “something or someone that annoys you or causes trouble for you” and this has been identified as an offence under section 268 of Penal Code, 1860 which states that any act or illegal omission of a person can be public nuisance if that act or omission causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, dangers or annoyance to persons who may have occasion to use any public right.

In response to the provision under Penal Code, smoking in public places in addition to public transports is prohibited under laws of Bangladesh as mentioned under section 4 read with section 7 of Smoking and Using of Tobacco Products (Control) Act, 2005 as amended by the Smoking and Using of Tobacco Products (Control) (Amendment) Act, 2013 which is the principle law governing tobacco control in Bangladesh imposing restriction on smoking in public places by specifying certain places as public followed by elaboration under the Smoking and Tobacco Products Usage (Control) Rule, 2015. The laws do not only prohibit the activity but also imposes liability imposing fine of BDT 300 on the violation of the law by committing the wrong.

Since smoking in public places causes harms to public in large, it amounts to danger to the health of the people at large or people in general, it’s a threat to public health and environment being a public nuisance as well besides being an illegal act. A person who violates the provision of law on smoking by smoking in public places and injures people with his or her activity shall also be liable for public nuisance and shall be fined as per section 290 of the Penal Code, 1860 for BDT 200 if not otherwise punishable.  In spite of having such law the enforcement of the provisions in practice is questionable as in our daily life the scenario of public smoking is very common. Neither the obligatory authorities nor the persons as prescribed under section 7A of the 2005 Act upon whom duty to control has been imposed which directs liability of noncompliance as well seem to be playing their roles not even the citizens are raising their voices to enforce their, social or legal rights against the prohibiting acts. Lack of complaints from non-smoking citizens might be attributed to a lack of awareness as to smoking in public being illegal in the first place.

Moreover, the consequence of public smoking may impose liability under section 269 of Penal Code, 1860 which states that a person shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both if the person does any unlawful or negligent act, knowingly or had reason to believe, which can spread the infection of any disease dangerous to life. As the wrongdoer in maximum circumstances is aware about the outcome that smoking does spread and cause diseases passively, there shall be liability for causing such harm voluntarily.

Notwithstanding of the presence of such crucial issues through smoking, initiatives to implement the laws and create a pollution free environment can be said to be nonexistent. Upon receiving guidance from World Health Organization (WHO) and others, though the laws have been amended and modified, the practical implications need more active participation. Health Rights is as important as other fundamental and human rights, therefore ignorance to comply with the enforcement of the right can turn into a negative stance of the authorities. Controlling an illegal behavior may come with an ease but failure to do that may transpire the ignorant attitude or lack of capacity to hold the power to control.  

Moreover, if there is any act amounts to be nuisance, a District Magistrate or any other Executive Magistrate has the power to indemnify the establishment of certain rights or duties besides imposing liability, as provided under section 133 of Code of Criminal Procedure, 1898.  Though it was believed that increasing amount of fine as punishment would deter the activity, lack of enforcement of the law has failed to achieve the goal making the law largely ineffective even after the amendments and despite of such laws and guidance of WHO (such as the WHO Framework Convention on Tobacco Control regarding public health) the emerging threat is growing rapidly that should be dealt with as early as possible.

The writer is Research Assistant (Law), Bangladesh Institute of Law and International

Affairs (BILIA).

Email: [email protected]

 

Smoking : a threat to public health and environment

Since smoking in public places causes harms to public in large, it amounts to danger to the health of the people at large, its a threat to public health and environment

Every citizen of a country is entitled to enjoy his or her right to have a healthy environment for having a healthy life. However, the activities of certain citizens tend to hamper the ability of others to enjoy a healthy environment and the activities can be sometimes proven to be public nuisance. Smoking in public places or in transport services is one such activity, which is not only prohibited by law but also a threat to public health. Smoking is a self injurious activity for the smokers themselves and passive smoking is also dangerous since it can cause different sort of health issues such as damage of heart and blood circulation, lung disease, which may turn as cancer as well (Cancer Research UK). In addition, the environment, especially the air, is polluted through smoking at public places such as streets, parks where people go to relax and inhale fresh air, and so on. The activities can be termed as voluntary victimization of those who are not involved with smoking causing them the harms. Children are the vulnerable subject matter of the victimization. As stated above, public smoking can also be termed as public nuisance as the laws on public nuisance conveys so. According to the definition provided by the Cambridge Dictionary where nuisance means something or someone that annoys you or causes trouble for you and this has been identified as an offence under section 268 of Penal Code, 1860 which states that any act or illegal omission of a person can be public nuisance if that act or omission causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, dangers or annoyance to persons who may have occasion to use any public right. In response to the provision under Penal Code, smoking in public places in addition to public transports is prohibited under laws of Bangladesh as mentioned under section 4 read with section 7 of Smoking and Using of Tobacco Products (Control) Act, 2005 as amended by the Smoking and Using of Tobacco Products (Control) (Amendment) Act, 2013 which is the principle law governing tobacco control in Bangladesh imposing restriction on smoking in public places by specifying certain places as public followed by elaboration under the Smoking and Tobacco Products Usage (Control) Rule, 2015. The laws do not only prohibit the activity but also imposes liability imposing fine of BDT 300 on the violation of the law by committing the wrong. Since smoking in public places causes harms to public in large, it amounts to danger to the health of the people at large or people in general, its a threat to public health and environment being a public nuisance as well besides being an illegal act. A person who violates the provision of law on smoking by smoking in public places and injures people with his or her activity shall also be liable for public nuisance and shall be fined as per section 290 of the Penal Code, 1860 for BDT 200 if not otherwise punishable. In spite of having such law the enforcement of the provisions in practice is questionable as in our daily life the scenario of public smoking is very common. Neither the obligatory authorities nor the persons as prescribed under section 7A of the 2005 Act upon whom duty to control has been imposed which directs liability of noncompliance as well seem to be playing their roles not even the citizens are raising their voices to enforce their, social or legal rights against the prohibiting acts. Lack of complaints from non-smoking citizens might be attributed to a lack of awareness as to smoking in public being illegal in the first place. Moreover, the consequence of public smoking may impose liability under section 269 of Penal Code, 1860 which states that a person shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both if the person does any unlawful or negligent act, knowingly or had reason to believe, which can spread the infection of any disease dangerous to life. As the wrongdoer in maximum circumstances is aware about the outcome that smoking does spread and cause diseases passively, there shall be liability for causing such harm voluntarily. Notwithstanding of the presence of such crucial issues through smoking, initiatives to implement the laws and create a pollution free environment can be said to be nonexistent. Upon receiving guidance from World Health Organization (WHO) and others, though the laws have been amended and modified, the practical implications need more active participation. Health Rights is as important as other fundamental and human rights, therefore ignorance to comply with the enforcement of the right can turn into a negative stance of the authorities. Controlling an illegal behavior may come with an ease but failure to do that may transpire the ignorant attitude or lack of capacity to hold the power to control. Moreover, if there is any act amounts to be nuisance, a District Magistrate or any other Executive Magistrate has the power to indemnify the establishment of certain rights or duties besides imposing liability, as provided under section 133 of Code of Criminal Procedure, 1898. Though it was believed that increasing amount of fine as punishment would deter the activity, lack of enforcement of the law has failed to achieve the goal making the law largely ineffective even after the amendments and despite of such laws and guidance of WHO (such as the WHO Framework Convention on Tobacco Control regarding public health) the emerging threat is growing rapidly that should be dealt with as early as possible. The writer is Research Assistant (Law), Bangladesh Institute of Law and International Affairs (BILIA). Email: [email protected]