The Kerala High Court has directed the central government to file its response to a petition challenging the cover page of author Arundhati Roy’s latest book. The public interest litigation (PIL) raised objection to the image on the cover of Roy’s recently published book “Mother Mary Comes to Me”, which shows the author smoking a cigarette but does not carry the mandatory statutory health warning.
The PIL, filed by Kochi-based lawyer Rajasimhan, contends that the image sends out a “damaging message” to society, particularly to young women and girls, by “glorifying” smoking. The petitioner argued that presenting an eminent author in such a manner creates a false impression that smoking “enhances intellectual creativity.”
“The cover image of the author of the book smoking a cigarette conveys a thoroughly misleading and unhealthy message to the impressionable youth that smoking is fashionable, intellectually stimulating and intrinsically associated with creativity,” the plea stated.
The matter came up before a bench of Chief Justice Nitin Jamdar and Justice Basant Balaji on Thursday. The bench directed the central government to inform the court whether any agency or mechanism exists to deal with such issues, and listed the case for further hearing on September 25.
The petitioner further argued that the cover image violates the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, which bars both direct and indirect advertisements of tobacco products unless accompanied by statutory health warnings. Displaying the image without the warning amounts to indirect promotion of smoking and tobacco products, the plea said.
Apart from seeking a ban on the sale, circulation and display of the book with its current cover, the plea has also asked for withdrawal of all existing copies from the market. It further seeks a declaration that the publication of the book without the statutory warning is “illegal and violative of COTPA.”
The petitioner clarified that the plea does not challenge or seek to interfere with the content or substance of the book itself, focusing solely on the cover image.
The High Court has posted the matter for further consideration on September 25.
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