September 19, 2006	Tuesday	Sha'aban 25, 1427

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ISLAMABAD, Sept 18: The Supreme Court on Monday asked the government to be more stringent and delegate punitive powers to provincial governments for enforcement of the Prohibition of Smoking Ordinance 2002.

A three-member bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Abdul Hameed Dogar and Justice Saiyed Saeed Ashhad also directed the federal health ministry to involve provincial police chiefs, chief secretaries and non-governmental organization (NGOs) for the enforcement of the law and public awareness campaigns.

The bench was hearing an application of Consultant Prof Dr Javed Khan of the Agha Khan University on tobacco epidemic and open violation of smoking ordinance in public places. Under the ordinance smoking is ban in places like offices, hospitals, educational institutions and public transport.

In his March 15, 2006 letter, the professor had invited the attention of the chief justice towards non-implementation of the ordinance stating that hundreds of people had died due to smoking related diseases. Smoking was responsible for cancers of lungs, oral cavity, oesophagus, larynx, bladder, pancreas, kidney, stomach and blood.

On a query Health Education Consultant Dr Abdus Sattar Chaudhry, representing the health ministry, said that police had not yet provided details as to how many cases had been registered against violators of the ordinance. Deputy Attorney General Nasir Saeed Sheikh represented the federal government.

During the hearing, the chief justice appreciated ban on tobacco advertisements in the electronic media but asked the government to strictly implement Section 9 of the ordinance, which clamps a prohibition on the sale of tobacco and tobacco products especially to minors within 50 meters of an education institution.

According to a recent study 100,000 people die of smoking related diseases in Pakistan every year, but the government was showing knee-jerk response in strictly enforcing the ordinance as it earned approximately Rs38.5 billion each year from the tobacco industry alone. The amount did not include the cess that the provinces were charging on tobacco production.

Likewise cigarette (printing and warning) ordinance obligates the tobacco industry to print health warnings on the cigarette pack and restrict promotional campaigns. The law also imposed a penalty of Rs1,000 extendable to Rs100,000 in case of second offence for violating the law.

Punishment, in certain cases, also suggested three months imprisonment. Any authorized officer or a police officer, not below the rank of sub-inspector, could eject a person who contravenes the provisions of law from any place of public work, the law said.

Total cigarette production in Pakistan is about 71 billion sticks a year, of which legal production is approximately 77 per cent, and the government suffers a loss of Rs9.2 billion owing to illegal cigarette production.

Another study suggests that 16 per cent children under the age of 17 years in Pakistan are habitual smokers. Fifty two per cent of juvenile smokers are studying in colleges while 48 per cent goes to school. 91.8 per cent of juvenile smokers are aware of different hazards of smoking. 78 per cent of these juvenile smokers had tried to give up smoking but could not do so. Total tobacco consumption among men is 40 per cent while eight per cent in women. 46 per cent youth use tobacco.