Opinion

EDITORIAL: Enforce act

Smokers should be made to pay for the services that the government provides for free or subsidises

By The Himalayan Times

The local governments would do well to strictly enforce the Public Health Service Act, 2018 at a time when consumption of liquor and tobacco production is high in the country. The Ministry of Federal Affairs and General Administration the other day issued a circular directing the local levels to control the illegal advertisement of liquors, cigarettes and tobacco products that was being done through various electronic platforms, hoarding boards, posters and social media. Nepal has a high smoking population, with as high as 30.40 per cent in 2020. Chewing tobacco is just as common. Although smoking is quite rare among women in urban centres, it is not uncommon to see them in the rural areas with a cigarette and lighter in their hands. What is of concern is that there are about 21,000 children aged 10-14 in the country who consume tobacco, yet the administration does nothing to stop them or query from where they got the product.

Over the decades, Nepal has introduced a number of provisions to discourage smoking. Year after year, taxes on tobacco and liquor go up almost ritually in a bid to discourage their consumption. However, tobacco taxation is about half the 70 per cent demanded by the WHO, making it quite affordable for the Nepalis.

Nepal's law requires that a cigarette pack be covered with a pictorial health warning and message, which is the largest anywhere in the world. People have also become aware, and it's been decades since we last saw them smoking in the cinema halls, which used to be quite common. Tobacco ads have also disappeared from both the print and electronic media, and smoking is banned in public places, work places and public transport. The TobaccoProduct (Control and Regulatory) Act, 2011 has categorised government offices, educational institutions, parks, hotels, restaurants, religious sites, airports, hostels and industries, among others, as public places where people cannot smoke or chew tobacco. The law also prohibits the sale and distribution of tobacco-related products in these areas. However, the enforcement of these provisions have not been uniform across the country, actually they are quite lax outside the urban centres.

Inaction on the part of the local government only encourages unscrupulous people to flout the laws. To begin with, the local levels must put up notices prohibiting smoking and tobacco use in public places.

Posters advertising tobacco are quite common in both urban and rural areas, and they need to be removed.

Unless the violators of the rules are punished with heavy fines, they are likely to take the legal provisions lightly, so the local governments must act tough. Studies show that tobacco consumption is higher among men, illiterate and poor people, especially those living in the rural areas. If Nepal could bring down the consumption of tobacco products, it would contribute greatly to alleviating poverty and improve the quality of life. The government could perhaps make smokers pay for the services that it provides for free or subsidises. It is unacceptable that people should be demanding free health and free education for their children when they have money to spend on tobacco.

Review the PPA

The Public Procurement and Management Office functioning under the Office of the Prime Minister and Council of Ministers has black-listed 12 companies and firms for flouting the rules and regulations related to procurement and construction. They were engaged in civil works, consulting and supply of goods. They will be barred from competing for the government tenders upto two-and-a-half years.

The government's decision to black-list them from competing for the government tenders is a welcome move. All the government works are carried out through competitive bidding processes. However, the quality of civil and other works is compromised due to poor monitoring from the concerned authorities and an unholy nexus among the contractors, politicians and bureaucrats. Black-listing the companies for flouting the rules and regulations for a limited period of time will not bring about any positive impact in controlling malpractices in government works. They also should be fined for their inordinate delay in completing such jobs. The existing Public Procurement Act, which awards the government contract to the lowest bidder, also needs to be reviewed so that only the genuine companies and firms can compete for the government projects.

A version of this article appears in the print on December 2, 2022, of The Himalayan Times.