The Kerala High Court on Thursday sought the Centre’s response on a plea demanding prohibition of the sale, circulation and display of Booker Prize-winning author Arundhati Roy’s book “Mother Mary Come to Me” in its present form, citing the depiction of the author smoking a cigarette on the cover without a statutory health warning.
A bench of Chief Justice Nitin Jamdar and Justice Basant Balaji directed the central government to inform whether any agency or mechanism exists to address such issues. The matter has been listed for further hearing on September 25.
The public interest litigation (PIL) was filed by Kochi-based lawyer Rajasimhan, who argued that the image sends out a “damaging message” to society, particularly to girls and women, by “glorifying” smoking. He submitted that portraying an eminent author smoking creates a false impression that the habit enhances intellectual creativity.
“The cover image of the author smoking a cigarette conveys a thoroughly misleading and unhealthy message to impressionable youth that smoking is fashionable, intellectually stimulating and intrinsically associated with creativity,” the plea stated.
The petitioner further contended that the image violates provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA). The Act prohibits both direct and indirect advertising of tobacco products unless accompanied by prescribed health warnings. According to the plea, the omission of such a warning on the cover amounts to indirect promotion of smoking.
Along with a prohibition on the sale, circulation and display of the book with the current cover, the PIL seeks withdrawal of all existing copies from the market. It has also urged the court to declare that publication of the book without a statutory health warning is “illegal and violative of COTPA.”
At the same time, the petitioner clarified that the challenge is limited to the cover image and not to the contents of the book.
