Does the Generation Endgame tobacco ban violate equal protection under Article 8?

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The Generation Endgame Tobacco Ban's Potential Conflict with Article 8 of the Federal Constitution

The proposed Generation Endgame (GEG) policy, which aims to ban tobacco and smoking product sales to individuals born after 2007, raises significant questions regarding its compatibility with Article 8 of the Federal Constitution, which guarantees equality before the law. Former Chief Justice Tun Zaki Tun Azmi has argued that such a ban may contravene this constitutional provision by creating arbitrary discrimination against a specific age cohort.
Interpretation of Article 8 and Equal Protection

Tun Zaki posits that Article 8, which states all persons are equal before the law and entitled to equal protection, should be interpreted as applying equally to all individuals under similar circumstances, rather than mandating identical treatment for everyone. This interpretation suggests that policies must avoid blanket and arbitrary discrimination. The principle of equal protection implies that individuals in like situations should be treated alike by the law, a standard that the GEG may not meet.
Discriminatory Nature of the GEG

The GEG policy, as outlined, could lead to a scenario where individuals of legal age, sharing the same environment and engaging in similar behaviours like smoking, are treated differently based solely on their birth year. For instance, a group of colleagues on a cigarette break might include someone born in 2007 who is prohibited from consuming a banned product, while others born before that year, in the same location and context, are free to do so. This differential treatment of consenting adults, based on an arbitrary cutoff, highlights the discriminatory aspect of the GEG.
Exhaustion of Policy Options and Paternalism

The debate around the GEG also centres on whether all alternative policy options have been thoroughly explored before resorting to such a radical and untested approach. Critics suggest that the GEG risks infringing upon the liberty of adult citizens and sets a precedent for future government interventions in personal lifestyle choices. This approach could be seen as reinforcing a paternalistic attitude where the government dictates adult behaviour, potentially opening the door to bans on other products or activities.

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Does the Generation Endgame tobacco ban violate equal protection under Article 8?

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