Stakeholders criticise K-P’s new tobacco control law

Farmers and legal experts join in the bashing of legislation

LAHORE: The Khyber-Pakhtunkhwa (K-P) Prohibition of Tobacco and Protection of Non-Smokers Health Act, 2016 will reap the same results as other tobacco laws in the country have, say industry experts.

In a country where over 30 laws exist to curb the sale of illegal cigarettes alone, over 40% cigarettes sold are illegally smuggled. Hence, introducing new laws without enforcement of existing ones is nothing but a mere formality, they added.



The bill calls for prohibition of tobacco in public places and public service vehicles amongst other directives.

Farmers

The farmers did not share the government’s optimism regarding the new bill either. On the off chance of selective implementation, tobacco procurement from farmers might slip. “The timing of this bill could not have been worse as it arrives in the midst of the tobacco purchase season”.

According to Pakistan Agricultural Forum (PAF), tobacco is the main cash crop of K-P province and is the primary source of income for over 75,000 farmers and 240,000 dependents.

A representative of the K-P farmers’ association said that serious questions need to be addressed by the government before enforcing the law. “Is there an alternative crop [in place of tobacco] that can meet the economic needs of farmers or will the government take ownership of the farmers who will no longer have a source of income?” he asked.

The representatives further questioned whether there’s any certainty that on-ground officials will know the difference between carrying tobacco and smoking.



“The farmer association feels that all of these issues could have been addressed if the most important stakeholder of all - the farmers - had any part in the consultation process.” Farmers in K-P have already registered their protest and charter of demands to the Chief Minister’s Office.

Legal experts

Legal experts said that the Act contravenes the boundaries set out by the Prohibition of Smoking and Protection of Non-Smokers Health Ordinance 2002 (NSO) - an ordinance that acts as the central governing source for all smoking legislations in the country.

Leading lawyer Iftikhar Khan says that the Act is sketchy and ill-informed piece of legislation and does not take the country’s tobacco landscape into consideration.

“The fact that the restriction to sell, distribute and use tobacco within 50 meters of an educational institute has been expanded to 100 meters shows no regard for the issue currently being sub judice (under judicial consideration),” he said.

Published in The Express Tribune, September 8^th, 2016.

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