With Bangladesh’s economic stability teetering on the edge, the new interim government, led by Nobel laureate Dr. Muhammad Yunus, faces the challenge of navigating the nation through a precarious transition. Formed on August 8, 2024, following the resignation of former Prime Minister Sheikh Hasina and the dissolution of the 12th Jatiya Sangsad, this interim administration holds a crucial mandate to oversee the creation of a constituent assembly that will set the path for an inclusive and reformed Bangladesh.

In a climate marked by fiscal strains and heightened public expectations, the interim government must carefully balance progressive reforms with economic realities, avoiding policies that could jeopardize vital industries or threaten the livelihoods of countless citizens. As it navigates this delicate period, every decision carries weight, with the potential to shape not only the country’s democratic future but also the stability of its already fragile economy.

Amid these pressing responsibilities, the proposed amendments to the Smoking and Tobacco Products Usage (Control) Act have emerged as a point of contention. While the proposed amendments are claimed to be in the interest of public health and to curb tobacco consumption, they have also triggered concerns about unintended socio-economic consequences, industry impacts, and potential regulatory overreach. With the interim government’s agenda centered on national stability, it is worth scrutinizing whether these ambitious tobacco control measures align with broader national priorities or risk critically destabilizing vital sectors at a sensitive time while putting the livelihood of the most vulnerable at risk.

A Recap of the Amendment Process

The journey to amend the Smoking and Tobacco Products Usage (Control) Act began over two years ago, with the Ministry of Health and Family Welfare proposing updates aimed at strengthening tobacco control across the country. Initial amendments, drafted and presented in 2022, faced backlash for excluding input from several industry stakeholders when taken to cabinet in 2023. The proposed amendments were subsequently refined, only to be sent back by the Cabinet last October for further review after more criticism emerged about a lack of stakeholder engagement. As it stands, the latest draft ordinance, scheduled for review by the interim government's Advisory Council, has followed the exact same path of the previous government and is pushing for the same unrealistic and impractical reforms to the sector without taking into account the socio-economic scenario of the country. 

What the New Draft Entails

The draft "Smoking and Tobacco Products Usage (Control) Ordinance, 2024," which likely has not been altered since the initial draft of 2022, sets out sweeping changes aimed at making tobacco products less accessible and socially acceptable. Key provisions include banning the sale of loose cigarettes and bidis, a move intended to deter youth from purchasing tobacco due to the higher cost of buying full packs. The sale of e-cigarettes, vapes, and other electronic nicotine delivery systems (ENDS) would also be prohibited, with violators facing fines of Tk5,000. Additionally, shopkeepers selling tobacco products would be required to obtain licenses, with fines of up to Tk50,000 for non-compliance.

Other proposed measures target points of sale and advertisement. Tobacco products would be banned within 100 meters of schools, parks, and health facilities, and fines would double for repeat offenders. Notably, the draft ordinance also calls for designated smoking areas to be eliminated entirely from all public spaces and transport, expanding the existing ban to cover non-motorized vehicles such as rickshaws. Further, it restricts the depiction of tobacco use in media, imposing significant penalties on violators. By implementing these measures, the Ministry of Health aims to significantly reduce tobacco use and its harmful effects on public health.

Balancing Health and Economic Stability

Proponents argue that these measures are essential for addressing the alarming health toll of tobacco in Bangladesh, where an estimated 161,000 people die annually from tobacco-related illnesses. PROGGA, an advocacy organization that has long supported tougher tobacco regulations, believes the new ordinance could save lives and reduce healthcare costs if enacted without changes. From a public health standpoint, the case for the amendment is compelling: the revised regulations would bring Bangladesh closer to achieving a "Tobacco-Free Bangladesh" by 2040, a goal set by the previous government under Prime Minister Sheikh Hasina.

However, there is growing concern that the proposed amendments could hurt low-income populations that rely on the tobacco industry for employment. The country’s bidi industry alone supports the livelihoods of thousands, particularly in rural areas where alternative job opportunities are limited. Additionally, critics argue that the fines imposed on small vendors for violations — up to Tk50,000 for unlicensed sales and Tk5,000 for selling loose cigarettes — are excessive, potentially pushing small business owners and street vendors to the brink of insolvency. Critics have also raised objections, labeling the ordinance as "unrealistic" and suggesting further revisions based on stakeholder feedback.

Challenges in Enforcement

Enforcing such a comprehensive set of restrictions in Bangladesh presents significant logistical hurdles. The expansion of tobacco bans to rickshaws and tea stalls could prove challenging in a country where informal commerce is integral to daily life. Preventing sales within 100 meters of educational and health institutions, while indisputably a goal worth pursuing, would nevertheless require rigorous monitoring, especially in densely populated urban areas where boundaries between zones are often blurred. 

Moreover, without proper resources and training, local authorities may struggle to enforce the new rules effectively, raising questions about the practical feasibility of the ordinance, or indeed, making the legislative action seem like an exercise in futility. 

Avoiding pitfalls

The proposed tobacco control amendments mark a bold step forward in public health policy. They send a strong signal about the government’s commitment to reducing tobacco-related harm, particularly among young people. However, the broad scope and stringent fines proposed in the ordinance raise important questions about socio-economic impact, enforceability, and the potential risk of unintended consequences.

For the interim government, navigating this delicate balance will require careful consideration of both public health benefits and the livelihoods of those dependent on the tobacco industry. Striking a middle ground, perhaps through phased implementation or targeted support for affected workers, may allow the country to move closer to a tobacco-free future without undermining economic stability.

Dr. Altamash Mahmood, Asst. Professor and head of the Department of Community Medicine at the International Institute of Health Technology.