The Kerala High Court on Thursday heard a public interest litigation (PIL) seeking a prohibition on the sale, circulation, and display of Booker Prize-winning author Arundhati Roy’s new book Mother Mary Come to Me with its current cover image, which shows her smoking a cigarette without carrying the statutory health warning.
Court Proceedings
A division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji directed the Central government to clarify whether any agency or mechanism exists to address such issues. The court posted the matter for further hearing on September 25.
Petitioner’s Arguments
The plea, filed by Rajasimhan, a Kochi-based lawyer, contends that the cover image sends out a “damaging message” to society, especially to women and young readers, by allegedly “glorifying” smoking.
The petitioner argued that:
- Portraying the author smoking on the cover may create a false belief that smoking “enhances intellectual creativity.”
- The image conveys an “unhealthy message to impressionable youth that smoking is fashionable, intellectually stimulating, and associated with creativity.”
- It violates provisions of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), which prohibits direct and indirect advertisements of tobacco products unless accompanied by statutory warnings.
Reliefs Sought
The PIL seeks:
- A ban on the sale, circulation, and display of the book with its current cover.
- Withdrawal of existing copies from the market.
- A declaration that publishing the book without the statutory health warning is “illegal and violative of COTPA.”
At the same time, the petitioner clarified that his plea does not question the content or substance of the book, but only its cover design.
The High Court will hear the matter further on September 25, after the Union government responds regarding regulatory mechanisms in place for such publications.
