The Supreme Court on Friday rejected a petition seeking a ban on the sale, circulation, and display of author Arundhati Roy’s memoir Mother Mary Comes to Me, which features a cover photograph of her smoking what appears to be a bidi or cigarette.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi dismissed the appeal filed by Rajasimhan challenging the Kerala High Court’s order that had earlier refused to entertain a public interest litigation on the issue.
The petitioner argued that the cover image violates Section 5 of the Cigarettes and Other Tobacco Products Act (COTPA), 2003, which prohibits advertisement, promotion, and sponsorship of tobacco products and mandates prominent statutory warnings.
The court disagreed.
During the hearing, the CJI questioned the intent behind the petition rather than any violation of law.
The CJI remarked:
“She is a renowned author. She has not promoted such a thing. There is a warning in the book, and she is a prominent person as well. Why do such a thing for publicity? There is no hoarding in the city with the picture of the book. It is for someone who will take the book and read it. Her picture with it does not portray any such thing.”
When the petitioner’s counsel suggested the picture could depict a ganja bidi, the court remained unconvinced and emphasised that the image did not amount to an advertisement.
The bench noted that neither Roy nor the publisher, Penguin Hamish Hamilton, had violated Section 5 of COTPA.
The provision prohibits direct or surrogate advertising, promotions through media or displays, and any activity suggesting tobacco use. However, the court pointed out that the statute does not extend to personal imagery on a book cover that is not meant to market a tobacco product.
“Book, publisher or author has nothing to do with advertising for cigarettes etc. This is not an advertisement. You may disagree with the views of the author… but that does not mean such a case can lie,” the CJI said.
Finding no legal basis to intervene, the bench concluded:
“We see no reason to interfere with the impugned High Court order.”
The book is a memoir authored by Roy.
