There has been a chorus of voices from sections of the medical establishment and from health care advocates to ban the use of vape products. This call, though well intentioned, is seriously misguided.

I do agree that vaping has negative health effects. It can lead to nicotine addiction, and the various flavours used to jazz it up, may lead to long term damage to the delicate alveoli – the respiratory membrane in the lungs.

But banning vaping means that laws will have to be passed that make the selling and the use of vape products a “crime” that is attended by punishments such as fines and even jail sentences. It leads to the criminalization of personal habits. I think that is the wrong way to proceed. Why?

Because it represents a dangerous over-reach of state authority. It crosses the fine line between the authority of the government and the rights of individuals. Governments do have a duty to ensure that the activity of an individual does not negatively impact other individuals or the environment. So, banning vaping in public spaces such as restaurants, cinemas, trains etc is quite fair. Banning the sale of vape to individuals under 18 years old is also okay. But a law that criminalizes vaping even in the privacy of an individual’s home or a designated vaping space, is gross over-reach of governmental authority. Put bluntly, an individual should have the right to engage in an activity even if it is bad for his/her health, as long as that activity does not adversely affect others. The State can advise, cajole and persuade him/her. But it should not coerce the individual to live “healthily” by criminalizing that activity.

If vaping can be criminalized, then why not the consumption of alcohol? It too has significant adverse effects on a person’s health. And what about sugar consumption? Or being obese?

The generational end game proposal (GEG) that criminalizes smoking for those born after a certain date also falls in this category of governmental over-reach. State over-reach is a close relative of moral policing! But many of those calling for the ban on vaping and the GEG do not seem to recognize the similarity.

Let us not forget, with AI, facial recognition technology and the ever increasing surveillance of the activities of citizens on media platforms, the state has increasing capacity to detect individuals who transgress the laws that it has passed. So, we should be wary of making laws that intrude into our personal spaces! Do we want to create a “nanny” state that treats us like children and forces us to live healthy lifestyle by threatening punishment? The state should rely on educating and persuading, but refrain from using punishments against lifestyle choices.

Additionally, whenever a bad habit like vaping, alcohol consumption or smoking is criminalized, it usually is not eradicated, but is driven underground. The banned product will be distributed “illegally” and probably at higher prices. Youth “rebelling” against the status quo will be attracted to vaping as it then becomes an expression of anti-establishment sentiment. Criminal gangs will make a lot of money supplying it – the experience of the prohibition of alcohol in the US from 1920 till 1932 is a good example of what can happen.

Also, if made illegal, vaping will be no longer amenable to monitoring and regulation. The health authorities will not be able to sample vape products to ensure that harmful additives and untested flavours are not present.

The criminalization of drugs has led to many hundreds of young men being remanded in our prisons leading to both over-crowding as well as to severe disruption of the lives of the young people being incarcerated. They lose their jobs and in some cases family support. This pushes them into a downward spiral of marginalization and delinquency. Should we push another group of young people into this debilitating spiral?

I would therefore urge all those who would like to pass coercive legislation like banning vaping and the generational end game (for smoking) to re-consider these initiatives. Criminalizing unhealthy personal habits should not be the way to go, unless we do not mind steering our society towards an Orwellian “1984”-type situation.

Jeyakumar Devaraj
Chairperson
Parti Sosialis Malaysia