Kerala HC Rejects Plea Against Arundhati Roy’s Book Cover Showing Her Smoking
The PIL was filed by advocate Rajasimhan, who argued that the cover constituted an “indirect advertisement” of tobacco products without the mandatory health warning.
Kochi: The Kerala High Court on Monday dismissed a Public Interest Litigation (PIL) challenging author Arundhati Roy’s book 'Mother Mary Comes To Me' over its cover image depicting the writer smoking. The petitioner had sought a stay on the sale of the book unless it carried a statutory health warning.
The PIL was filed by advocate Rajasimhan, who argued that the cover constituted an “indirect advertisement” of tobacco products without the mandatory health warning.
Court Notes Publisher Disclaimer
A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji dismissed the petition, noting that Penguin Random House India had already included a disclaimer stating: “Any depiction of smoking in this book is for representational purposes only. Penguin Random House India does not promote or endorse tobacco use.”
During an earlier hearing, the bench had directed the petitioner to approach the competent authority to verify whether the cover violated Section 5 of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), which prohibits tobacco advertising.
High Court Criticises Petitioner For Filing PIL
The court observed that the petitioner failed to examine the legal position or verify the presence of the disclaimer before invoking the extraordinary jurisdiction of the High Court. “The petitioner, despite this, filed a PIL without examining relevant material. Public interest litigation cannot be used as a tool for self-publicity or personal motives. In light of these circumstances, the petition stands dismissed,” the order stated.
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