Both the civil administration and the police were clueless as to who has the authority to catch an offender and what course they should take once they find someone violating the law. [break]
They blamed higher-ups for not giving them any briefing on implementation of the historic legislation.
"We could not do anything in this regard. We have not been informed properly. Nor do we have any idea as to how to implement it," said Chief District Officer (CDO) of Kathmandu Laxmi Prasad Dhakal.
"How should I instruct the police to enact the new laws" Dhakal asked. "First, I should be clear and then only can the cops work on the streets."
Kathmandu Police chief SP Kedar Rijal said he did not get any instruction concerning smokers violating the new law.
Lack of implementation of the Act that was in evidence on Sunday with regard to the Tobacco Control and Regulation Act-2068 was fairly expected as the much-awaited Act fails to even designate any specific authority for monitoring.
"The crux of the problem is how to enforce it. We have an array of questions like how a cop can deal with a person smoking publicly or selling tobacco products unduly and how to handle the cases of repeated violation of the laws," said Dhakal.
DAOs, however, are considered primarily responsible for enforcing the Act. "We have already written to them to take on the responsibility of monitoring," Health Secretary Dr Sharma told Republica. "The DAOs cannot shrug off their responsibility on the pretext of not having received any official letter as the Act has appeared in the gazette."
CDO Dhakal, nonetheless, has been adamant on his stance that there is a need for clear-cut directive to get on with the anti-smoking law. "We are not clear about our role. The letter we received is not clear," said CDO Dhakal, adding that he would be able to play his part in implementing the Act only after being properly informed.
The Act, which was signed by President Dr Ram Baran Yadav on April 29, bans smoking in public places apart from prohibiting sales of tobacco products to pregnant women and people below the age of 18.
As per the Act, public places refer to government offices, educational institutions, airports, public transport, children homes, old-age homes, public toilets, work places at industries and factories, cinema halls or theatres, hotels, motels, restaurants, bars, hostels, guest houses, stadiums, fitness centers, department stores, mini markets, religious places, bus stops and ticket counters. However, certain smoking zones can be allowed in hotels.
The DAOs can slap a fine of Rs 100-100,000 on anyone who smokes in public places or sells tobacco products to people below 18 or to pregnant women.
In Nepal, women on average start smoking at the age of 23 while men start at 19. According to the World Health Organization (WHO), smokers suffer mainly from heart diseases, respiratory problems and cancers, among other diseases.
In Nepal, tobacco companies manufacture around 7.5 billon sticks of cigarette every year. Last year, the government collected revenue of Rs 4.5 billion from tobacco companies.
"We can enforce the Act effectively if given appropriate directives and resources," said Dhakal. "This is something we should do without delay."
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