Ban on smoking now dysfunctional
by Afreeha Jawad
The ban on smoking is no more. If not in theory at least in practice.
The short lived imposition was no doubt effective. Even though for a
brief period we all saw how the law's effective implementation could
impact the smoking community if not in private (that's asking for too
much) at least in public.
A retrospective glance of past systemic layout reveals how what once
was custom later became law under nation state functioning. Tradition
based custom bound man of earlier times was receptive to the thoughts
and feelings of fellow men.
As respect for one another waned what with a traditional subsistence
economy finding neat replacement with a mercantilist one supportive of
fierce competition, custom receded giving way to ordinances, rules,
regulations and laws that governed the community. Yet, the inconsistency
with which these controls are imposed sees man reducing himself to below
bestial state.
Countless have been instances of rude replies to women despite all
the courtesy extended in requesting some other into a smoke free state.
If a shortfall in personality is anything to go by, then here's it when
up bringing is highly questionable.
To live in the thought that it is only "I" and "I" alone that exists
and no other itself is not only selfish but also is far removed from
whatever religious ideals one may vehemently lay claim to.
Part of the educational process itself ideally should be to be
receptive to other's thoughts and feelings which sadly today's education
falls short of for its emphasis on skills and skills alone bereft of
values.
The hermeneutical experience itself is all about being mindful of
others. This refined and elegant, thoughtful utterance comes from
Hermeneuse who said, 'think that the one you are speaking to would like
to be spoken to in the same way as you would'.
Be it in the exercise of smoking, walking talking whatever, the need
to impose control on one's self in respecting some other is the hallmark
of an elegant mind. I wonder whether control is necessary, for, such
characteristics must necessarily be part of genes.
Why it doesn't become so is altogether another story to be taken on
in due course. The damage done in smoking does not begin and end with
the smoker. In fact he is better off, for his safeguard reportedly-a
filtering process which the non-smoker is deprived of thus reducing the
latter to a state of what is called passive smoking.
If one's right to smoking infringes upon some other's right to a
healthy life where do we draw the line. What then is the benchmark.
One's right they say ends at the tip of one's nose from where another's
begins. Smoking or otherwise that's as far as rights go.
Therefore it is the state's bounden duty to safeguard all its
citizens particularly the helpless who have no other to present their
grievances.
We saw how effective the state mechanism could be in the law's
implementation when the ban on smoking was launched. We also see how the
uniflow traffic system operative in some parts of Colombo enables
greater disciplined vehicle movement.
People are also acquainting themselves to the laws on parking that
has mitigated at least in some areas the parked vehicle exodus
particularly in Fort.
Laws alone will not suffice unless effectively implemented. The
polarisation therefore of legislation and executive functioning does not
augur well in the objective of social development. Unimplemented laws
reflect poorly on whatever government in power for it could reflect a
'defunct establishment'.
A state's effective functioning be it violence against women,
unauthorised structures, bribery or smoking among so many others leads
to greater faith in the state. Sri Lanka could well take a leaf from
Singapore or Malaysia where stringent laws operational is indicative of
a stern yet caring government.
Adherence to any legal imposition is State responsibility.
Significantly, not to be overlooked is the close collaboration of the
legislature and executive in the law's forceful implementation. An
unostentatious legislature comprising of simple membership devoid of fan
fare and frilled living, leading austere lives would certainly go a long
way as role models to those in the executive arm.
A dedicated and committed legislature would certainly be a morale
booster to those that churn the wheels in the executive. A corrupt
legislature's deposit in an equally corrupt executive needless to say
holds no good for the country.
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