AS Health Minister Khairy Jamaluddin gears up to table the Tobacco and Smoking Control Bill next week – the final week of the current Dewan Rakyat meeting – a legal columnist has described the move to ban cigarettes/vape to people born after 2007 as violating fundamental rights enshrined in the Federal Constitution and the Consumer Protection Act 1999.
Paneir Selvam who is also the principal consultant of a home-grown think tank Arunachala Research & Consultancy Sdn Bhd claimed that the Government had misled itself on the equality issue which is critical for any consumer matter “by putting such a comprehensive ban on individuals born after 2007”.
“Although the Government has the right to restrict a wide range of non-illegal products, this authority must be utilised responsibly. They should not direct a certain generation of individuals inside a state to abide by such a prohibition,” he pointed out in a media statement.
In this regard, Paneir cited Article 5(1) of the Federal Constitution (FC) 1957 which stated that “No person shall be deprived of his life or personal liberty save in accordance with the law” which he interpreted as “the right to personal liberty includes the right to privacy”.
“In Tan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan & Others [1996] 1 MLJ 261, it was pointed out that the ‘life’ under Article 5 meant more than mere existence and that this can be extended to consumer rights,” argued Paneir.
“Article 8(1) of the FC 1957 stated that ‘All persons are equal before the law and entitled to the equal protection of the law’ which means that those born before or after 2007 should be treated equally by the law.”
“(Henceforth), the Government must refrain from enacting any laws that affect equality among its citizens,” he added.
On a similar note, Paneir said the Consumer Protection Act (CPA) 1999 was designed to provide better protection to consumers and the rights granted by this Act cannot be revoked. “Section 6 of the CPA states that the Act will have power despite any contract that attempts to limit it,” he noted.
At the end of the day, Paneir opined that consumers have the freedom to choose – which is within their right – as to what they want to consume and not the government of the day.
“The state cannot act as a nanny for its citizens. Instead, they should focus on consumer education which is the most effective consumer protection strategy since it helps create skills that allow customers to behave responsibly,” he pointed out.
“The Government should (also) prioritise more pressing issues like economic recovery, rising unemployment and white-collar crime rather than focusing on outlawing smoking goods for individuals born after 2007.” – July 27, 2022
