Of recent the Tobacco Control Act of Bhutan 2010 and a few provisions in there, particularly the penalty clauses and the act in essence, has come to be questioned. It is also evident that there are supporters of the law and it may be too early to conclude that “the Bhutanese are against the law”. However, it does bring out an understanding that a few DO NOT agree with it, in part or otherwise.
Over the last few weeks I have met people who hold varied opinions, some not as loud as the others. Still a few had nothing to say as they did not understand what the “fuss”, as some put it, was all about. This is just to convey the sort of opinions (or non-opinions) that I have come across.
A law is more than just the penalty clause alone and I thought it was important that while we may continue criticizing it, it is doubly important we understand the nuances of a law, which is by no means limited to the penalty clause alone. In the same “Tobacco Control Act 2010″, there are salient features that need focus to be understood altogether, which consists of 60 clauses (sub clauses to go with them). Not enough may have been understood about the law for in its clauses lays the “INTENT” of the law-makers. I do not want to take the risk of sounding too defensive, so without further explanation, I have put an exhibit of my selective clauses and sub-clauses which together is the “Tobacco Act 2010″ to me.

3. No person shall smoke in the following public places but not limited to:
a) Commercial centers: all shops, shopping complexes, supermarkets, showrooms, exhibition halls, lobbies and places to which public have access in hotels, motels, guest houses, inns and lodging, bars and restaurants, clubs, internet cafes;
b) Recreation centers: discotheques, snooker rooms, health clubs, sports and game centers, playing fields and related offices, cinema, theatre, video halls and other buildings of entertainment;
c) Institutions: all offices including those in the private sector, dzongs, monasteries, museums, health, educational, religious and training centers and their vicinity;
d) Public gatherings/spaces: public meetings, Tschechu, festivals and traditional celebrations,vegetable markets, bus and taxi stands,airports;
e) Public transportation: all buses and taxis, all forms of motor vehicles and aircrafts for passenger transport; and
12. A person may import tobacco and tobacco products for personal consumption as per the quantity approved by the Tobacco Control Board.
13. A person importing tobacco and tobacco products for personal consumption shall pay duties and taxes as specified in the rules.
20. The Royal Government shall designate relevant agencies to promote:
a) access to effective and comprehensive educational and public awareness programmes on the health risks including the addictive characteristics of tobacco consumption and exposure to tobacco smoke;
b) the benefits of the cessation of tobacco use and tobacco-free lifestyles;
c) effective and appropriate training or awareness programmes on tobacco control addressed to persons such as health workers, community workers, social workers, media professionals, educators, decision-makers, administrators and other concerned persons;
d) awareness and participation of private agencies and non-governmental organizations in developing and implementing inter sectoral programmes and strategies for tobacco control; and
e) access to information on the adverse health hazards on individual, family, society and environmental consequences of tobacco consumption.
22. The Tobacco Control Board through the Tobacco Control Office shall take effective measures to promote cessation of tobacco use and adequate treatment for tobacco dependence.
23. The Tobacco Control Board through the Tobacco Control Office shall:
a) design and implement effective cessation programme in the health care facilities;
b) collaborate with rehabilitation centers and organize programme for diagnosing, counseling, preventing and treating tobacco dependence; and
c) collaborate with international agencies to facilitate accessibility and affordability for treatment of tobacco dependence including pharmaceutical products.
The Board:
26. c) facilitate to fulfill the obligations under the WHO Framework Convention on Tobacco Control and its protocols to which Bhutan is a Party.
27. b) formulate and implement national tobacco control strategy;
g) propose amendments to this Act as and when necessary to the Parliament.
33. The Ministry of Health has the responsibility to:
a) promote awareness on the dangers of tobacco and health hazard to the public and all institutions;
b) establish effective cessation programmes in the health institutions;
c) carry out research on the ill effects of tobacco consumption on health; and
d) implement health promotion measures through all forms of media and through community based programmes;
Functions of the Ministry of Education
36. To conduct awareness and education programme on ill effects of tobacco consumption for in-school and out of school youths.
Functions of the Ministry of Home and Cultural Affairs
37. Shall provide necessary support and cooperation to co-ordinate and conduct awareness programme on tobacco control at the Dzongkhag level
Functions of the Royal Bhutan Police
38. The Royal Bhutan Police have the responsibility to:
a) enforce the provisions under Section 3 of this Act.
(Note: This is interesting looking at last week’s news reports)
Functions of Road Safety and Transport Authority of Bhutan
40. To coordinate and conduct awareness programme on tobacco control in public and private transport system.
Functions of Civil Society Organization
41. To conduct awareness programme on ill effects of tobacco consumption in their locality and community.
Search and seizure
45. Any authorized officer shall have the power of search and seizure in accordance with the provisions of the Civil and Criminal Procedure Code of Bhutan.
47. The Board shall have the authority to impose fines on the offenders and may revise the fines (as given in the annexure) when necessary.
Now the much talked about provision(s) under penalty chapter:
11. No person in the country shall:
a) cultivate or harvest tobacco.
b) manufacture, supply or distribute tobacco and tobacco products.
c) sell and buy tobacco and tobacco products.
50. Any person who contravenes the provision of section11 (a) and (b) shall be punishable with a felony of the fourth degree as per the Penal Code of Bhutan.
51. Any person who contravenes the provision of section11(c) shall be punishable with misdemeanor if the source of supply is revealed. If the accused fails to disclose the source of supply, he or she shall be liable for the offence of smuggling in addition to the offence of misdemeanor.
52. Any person found smuggling tobacco or tobacco products shall be guilty of an offence of smuggling and shall be punishable with minimum sentence of felony of fourth degree.
53. Any person who contravenes the provision of section19 shall be punishable with a petty misdemeanor and shall be penalized as per the Penal Code of Bhutan.
19. Scenes depicting tobacco use including smoking should be strictly prohibited from domestic production of videos, movies and cultural shows except in educational clips produced for the purpose of health promotion.
54. Any person found with more than the permissible quantity for personal consumption under section 12 shall be guilty of the offense for smuggling and shall be punishable with minimum sentence of felony of fourth degree.
12. A person may import tobacco and tobacco products for personal consumption as per the quantity approved by the Tobacco Control Board.