Last updated: May 7, 2021

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

Smoking is Restricted
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Analysis

The law prohibits smoking in a majority of indoor workplaces, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located in an open space or which ban smoking zones entirely. Open space is interpreted to mean outdoor. The smoking ban, however, does not apply to restaurants that have fewer than four walls. The law accordingly does not require that all indoor workplaces be 100% smoke free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free.

All indoor public places

Smoking is Restricted
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Analysis

The law prohibits smoking in a majority of indoor public places, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located in an open space or which ban smoking zones entirely. Open space is interpreted to mean outdoor. As the smoking zones are outdoor, smoking is completely prohibited in all indoor public places. The smoking ban, however, does not apply to restaurants that have fewer than four walls. The law accordingly does not require that all indoor public places be 100% smoke free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places to be 100% smoke free.

All public transport

Smoking is Restricted
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Analysis

The law prohibits smoking in public vehicles, but is subject to the provisions of Art. 7 that permit a person in control of a public vehicle to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which permit the establishment of a smoking zone in public transport vehicles that have more than one room. The smoking zone, however, must be located at the end, backside or open space of the vehicle and may not be the main room for passengers. The law does not provide for 100% smoke free public transport.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free.

Government facilities

Smoking is Restricted
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Analysis

The law prohibits smoking in public places which includes government offices, semi-government offices, and generally in places accessible for public use which would encompass government facilities other than offices. The prohibition is subject, however, to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located, as far as possible, in an open space. Open space is interpreted to mean outdoors. However, the inclusion of the term ‘as far as possible’ means that it is not an absolute requirement for the smoking zones to be in an open space.

Therefore, as smoking zones are permitted inside, the law does not provide for 100% smoke free government facilities and does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art.8 and the FCTC Art. 8 Guidelines, the law should require all parts of all government facilities to be 100% smoke free.

Private offices

Smoking is Restricted
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Analysis

The law prohibits smoking in public places which includes “indoor workplaces,” but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located, as far as possible, in an open space. Open space is interpreted to mean outdoors. However, the inclusion of the term ‘as far as possible’ means that it is not an absolute requirement for the smoking zones to be in an open space.

Therefore, as smoking zones are permitted inside, the law does not provide for 100% smoke free private offices and does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art.8 and the FCTC Art. 8 Guidelines, the law should require all parts of all private offices to be 100% smoke free.

Hospitals

100% Smoke Free
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Analysis

The law prohibits smoking in hospital and clinic buildings, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in hospital and clinic buildings.

As hospital and clinic buildings are 100% smoke free, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Residential healthcare facilities - public areas

100% Smoke Free
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Analysis

The law prohibits smoking in hospital and clinic buildings, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in hospital and clinic buildings. Public areas of residential healthcare facilities fall within the hospital and clinic category and thus shall not contain smoking zones.

The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that public areas of residential healthcare facilities are 100% smoke free.

Non-residential healthcare facilities

100% Smoke Free
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Analysis

The law prohibits smoking in hospital and clinic buildings, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in hospital and clinic buildings. Non-residential healthcare facilities fall within the category of clinics and thus shall not contain smoking zones.

The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that all non-residential healthcare facilities are 100% smoke free.

Childcare facilities/preschools

100% Smoke Free
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Analysis

The law prohibits smoking in educational institutions, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in educational institutions. Therefore, smoking is completely prohibited in childcare and preschool facilities.

The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare and preschool facilities.

Primary and secondary schools

100% Smoke Free
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Analysis

The law prohibits smoking in educational institutions, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in educational institutions. Therefore, smoking is completely prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Universities/vocational facilities

100% Smoke Free
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Analysis

The law prohibits smoking in educational institutions, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in educational institutions. Therefore, smoking is completely prohibited in university and vocational facilities.

The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to university and vocational facilities.

Shops

Smoking is Restricted
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Analysis

The law prohibits smoking in public places and indoor workplaces including shopping centers but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located, as far as possible, in an open space. Open space is interpreted to mean outdoors. However, the inclusion of the term ‘as far as possible’ means that it is not an absolute requirement for the smoking zones to be in an open space.

Therefore, as smoking zones are permitted inside, the law does not provide for 100% smoke free shops and does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art.8 and the FCTC Art. 8 Guidelines, the law should require all parts of all shops to be 100% smoke free.

Cultural facilities

Smoking is Restricted
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Analysis

The law prohibits smoking in public places which includes several types of cultural facilities such as libraries, cinema halls, and exhibition halls. Other cultural facilities fall within the definition’s catchall phrase “any other place accessible for collective use by people.” The prohibition, however, is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which prohibit smoking zones inside libraries, cinema halls, and exhibition halls. In other public places, the Rules require smoking zones to be located, as far as possible, in an open space. Open space is interpreted to mean outdoor. However, the inclusion of the term ‘as far as possible’ means that it is not an absolute requirement for the smoking zones to be in an open space.

Therefore, the law does not provide for 100% smoke free cultural facilities in respect of any cultural facility that is not listed in the 2015 Rules as a place where smoking zones are prohibited, and therefore does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art.8 and the FCTC Art. 8 Guidelines, the law should require all parts of all cultural facilities to be 100% smoke free.

Indoor stadium/arenas

100% Smoke Free
Analysis

The law prohibits smoking in public places accessible for collective use, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in places for sports or exercise. Therefore, smoking is completely prohibited in indoor stadiums.

The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 with respect to indoor stadiums.

Restaurants

Smoking is Restricted
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Analysis

The law prohibits smoking in restaurants surrounded by four walls, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which prohibit smoking zones in one room covered restaurants surrounded by walls on four sides. In other multi-room restaurant buildings, the Rules require smoking zones to be located in an open space. Open space is interpreted to mean outdoor. However, the smoking ban does not apply to restaurants that have fewer than four walls.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor restaurants to be 100% smoke free. In addition, a definition of “indoor” or “enclosed” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines to ensure that restaurants with fewer than four walls are covered.

Bars/pubs/nightclubs

Smoking is Restricted
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Analysis

Bars and pubs are uncommon in Bangladesh although there are bars located inside some hotels. The law prohibits smoking in public places, but such places are subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located, as far as possible, in an open space. Open space is interpreted to mean outdoor. However, the inclusion of the term ‘as far as possible’ means that it is not an absolute requirement for the smoking zones to be in an open space.

The law does not provide for 100% smoke free bars/pubs/nightclubs because smoking zones are not prohibited, and therefore does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art.8 and the FCTC Art. 8 Guidelines, the law should require all parts of all bars/pubs/nightclubs to be 100% smoke free.

Casinos

Not Applicable
Analysis

Casinos currently are prohibited in Bangladesh.

Hotels/lodging - public areas

Smoking is Restricted
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Analysis

The law prohibits smoking in any public place accessible for collective use, which includes public areas of hotels and lodging, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located, as far as possible, in an open space. Open space is interpreted to mean outdoor. However, the inclusion of the term ‘as far as possible’ means that it is not an absolute requirement for the smoking zones to be in an open space.

The law does not provide for 100% smoke free public areas in hotels/lodging where smoking zones are not prohibited, and therefore does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art.8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public areas of all hotels/lodging to be 100% smoke free.

Hotels/lodgings - guest rooms

Smoking is Not Restricted
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Analysis

The law prohibits smoking in indoor workplaces, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. Although hotel guest rooms are workplaces for some the law is not interpreted in that way.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require hotels, including all guest rooms, to be 100% smoke free. In addition, the law should define the terms “public place” and “workplace” in accordance with the definitions provided in the FCTC Art. 8 Guidelines

Prisons/detention facilities - public areas

Smoking is Not Restricted
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Analysis

The law prohibits smoking in public places accessible for collective use, which includes public areas of prisons/detention facilities, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. Public areas of prisons/detention facilities are not interpreted as public places accessible for collective use and therefore smoking is allowed.

The law does not provide for 100% smoke free public areas of prisons/detention facilities and therefore does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art.8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public areas of prisons/detention facilities to be 100% smoke free.

Trains, buses and other shared ground transportation other than taxis

Smoking is Restricted
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Analysis

The law prohibits smoking in public vehicles, which includes all kinds of mechanical public transport, such as trains and buses, but leaves out non-mechanical public transport. In addition, the ban on smoking in public vehicles is subject to the provisions of Art. 7 that permit a person in control of a public vehicle to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which permit the establishment of a smoking zone in public transport vehicles that have more than one room. The smoking zone, however, must be located at the end, backside, or open space of the vehicle and may not be the main room for passengers. Although the prohibition on smoking zones may be applicable to buses as they usually have only one car, it most likely will not affect trains as they usually have multiple cars. The Railways Act of 1890 further provides that an individual shall be punished with a fine if the individual smokes without the consent of his fellow passengers and is in a compartment not specifically designated for smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free. In addition, the law should provide a definition of “public transport” that aligns with the definition provided in the FCTC Art. 8 Guidelines.

Taxis (for-hire vehicle)

100% Smoke Free
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Analysis

The law prohibits smoking in public vehicles, including all mechanical forms of ground transportation (e.g., taxis), but is subject to the provisions of Art. 7 that permit a person in control of a public vehicle to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in one room public transport. As taxis have a single compartment, they, therefore, must be 100% smoke free.

The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Commercial aircraft

100% Smoke Free
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Analysis

The law prohibits smoking in public vehicles, including airplanes, but is subject to the provisions of Art. 7 that permit a person in control of a public vehicle to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which prohibit smoking zones in any one room public transport. As airplanes have a single compartment, they therefore must be 100% smoke free.

The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Commercial watercraft

Smoking is Restricted
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Analysis

The law prohibits smoking in public vehicles, including ships, launches, and other kinds of mechanical public transport, but is subject to the provisions of Art. 7 that permit a person in control of a public vehicle to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which permit the establishment of smoking zones in public transport vehicles that have more than one room. The smoking zone however must be located at the end, backside or open space of the vehicle and may not be the main room for passengers. The law does not provide for 100% smoke free commercial watercraft.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all commercial watercraft to be 100% smoke free.

Public transport facilities (waiting areas for mass transit)

Smoking is Restricted
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Analysis

The law prohibits smoking in public places, including airports, sea ports, train and bus stations, and queues of passengers for riding public vehicles, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which require smoking zones to be located, as far as possible, in an open space. Open space is interpreted to mean outdoor. However, the inclusion of the term ‘as far as possible’ means it is not an absolute requirement for the smoking zones to be in an open space.

The law does not provide for 100% smoke free public transport facilities because smoking zones are not prohibited, and therefore does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art.8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport facilities to be 100% smoke free.