Smokers Right Club Is Challenging The Smoking Ban in High Court, Says it Hurts Their Rights

With the restaurant smoking ban now officially in effect, many smokers have shown their disapproval of this new policy. Most recently, a group of seven smokers who identify as part of pro-tem Pertahankan Hak Perokok (PHP or Smokers Right Club) has taken legal action to challenge the smoking ban on 31st December 2018.

According to the New Straits Times, the group of smokers filed a judicial review at the High Court, naming the Ministry of Health as the sole respondent.

Source: fmt

The group claimed that this ban goes against the Federal Constitution because smoking is not a criminal activity, and it is legally valid. They also stated that smokers have equal rights with non-smokers when they visit restaurants or other eateries. On top of that, the group said the government also did not provide alternative locations for them to smoke.

The Smokers Right Club also claimed that the ban has hurt smokers’ rights, as their right to go to specific eateries were being violated, according to Malaysiakini.

They also deemed the ban disproportionate since the government has not outlawed smoking and still collect taxes from it.

In response to the application, Health Minister Datuk Seri Dr Dzulkefly Ahmad stated that while the smoking ban was based on the Control of Tobacco Product (Amendment) Regulations 2008, but he acknowledged that this legal challenge was part of a democracy, as citizens are allowed to disagree with the government.

Source: the star

He was quoted by NST as saying,

“We are more than willing to see them in court. We know we are on firm ground and we have the provisions under the Control of Tobacco Product (Amendment) Regulations.”

“We will see them in court in order to ensure we can successfully carry out the programme to safeguard the health of Malaysians, like young children and the elderly, who cannot defend themselves (against passive smoke from cigarettes) in public places.”

What are your thoughts on this? Let us know in the comments below!

Also read: M’sians Found Puffing Away Right Under No-Smoking Signage Despite The Ban Being Officially in Effect