Bhutan; Tobacco Control Bill, 2009

Any Bhutanese found smuggling, supplying or distributing tobacco products shall be punishable with a minimum sentence of felony of fourth degree - a prison term ranging from three to five years without thrimthrue (payment in lieu of imprisonment).

This was decided yesterday at the joint sitting of parliament, while discussing the tobacco control bill, 2009. Parliament also decided that any Bhutanese selling tobacco products would be punishable with misdemeanour, if the source of supply is revealed. “If the accused fails to disclose the source, he or she shall be liable for the offence of smuggling, in addition to the offence of illegal sale.”

This was proposed by the joint committee of the two houses after the bill was discussed in the two houses last year, during the fourth parliament session. The two houses stood divided on section 11 c, which states, “No person shall sell tobacco and tobacco products”. The national council wanted to remove the section. However, consensus could not be reached before intense debate among the parliamentarians.

Gasa MP Damcho Dorji opposed the decision stating that fourth degree penalty should not be imposed to all level of offenses, but should be based on the degree of crime. He said it was not fair to penalise a person, who illegally sold a packet of cigarette equally to those who sold huge amounts. He suggested that, for the first offence, fine was more effective, as it contributed to country’s revenue, as well as eased the present congestion problem in the detention centres. “The country is already running out of space in detention and lock-up centres and, if minor offenders are put in jail, it’ll be an additional problem,” said Damcho Dorji.

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