Today, On 13th October, The Kerala High Court dismissed a PIL challenging Arundhati Roy’s smoking photo on her book cover, observing that the petitioner filed it without verifying facts and warning that public interest litigation cannot be misused for self-publicity or personal slander.
The Kerala High Court dismissed a Public Interest Litigation (PIL) petition concerning Arundhati Roy’s latest book, Mother Mary Comes to Me, which features a cover image of her smoking a cigarette without the required health warning.
A Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji previously noted important deficiencies in the PIL, particularly that the petitioner had not disclosed that the publisher included a disclaimer about smoking on the book’s back cover.
The Court stated that it is not the appropriate venue for such matters.
It remarked,
“In view of the statutory scheme under COTPA Act, 2003 and Rules, such matters are to be decided by expert bodies constituted under the Act after hearing parties,”
The Court also raised concerns regarding whether the petition was filed in true public interest or merely for self-promotion.
The Court’s order indicated,
“The petitioner, despite making him aware, has refused to take up the issue before the statutory authority, filed a petition without examining the relevant legal position, without verifying the necessary material, including the presence of a disclaimer on the book, and has sought to invoke the extraordinary jurisdiction of this court under the guise of public interest. In light of these circumstances, keeping in mind the caution that courts must ensure that public interest litigation is not misused as a vehicle for self-publicity or for engaging in personal slander, the writ petition is dismissed.”
The PIL was submitted by advocate Rajasimhan, who argued that the portrayal of the author smoking celebrates it as a symbol of intellectual and creative freedom. Rajasimhan clarified he was not contesting the book’s content or literary value.
According to the petition, the book is widely accessible and could convey a misleading message to impressionable youth, especially teenage girls and women, suggesting that smoking is fashionable.
The petitioner argued that this depiction serves as an advertisement for the book and indirectly promotes smoking and tobacco products, given Ms. Arundhati Roy’s status as a globally recognized intellectual whose actions significantly influence youth and the reading public.
The petition claimed that this portrayal violates the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) and its 2008 Rules.
The PIL invokes Sections 7 and 8 of the COTPA, which mandate statutory health warnings such as “Smoking is injurious to health” or “Tobacco causes cancer” on any depiction of smoking.
The petition claims the book cover does not comply with these provisions, thereby violating Indian law.
Relief Sought:
The petitioner has requested the Court to:
- Restrain the author and publisher from circulating or selling the book with the current cover.
- Direct the Union government, Press Council of India, and state authorities to ensure compliance with COTPA.
- Mandate a re-publication of the book cover with the necessary public health warnings.
He requested the Court to prevent the author and publisher from further selling or circulating the book with the disputed cover image.
Additionally, he urged the Court to direct the Union government, the Press Council of India, and the State government to ensure compliance with COTPA, including the re-publication of the book cover with appropriate public health warnings.
Senior Advocate S. Gopakumaran Nair represented the petitioner.
Case Title: Rajasimhan v Union of India