Keruptive courtroom debate: Picture of Arundhati Roy smoking on cover of her latest book sparks discord in Kerala High Court
The Kerala High Court is currently considering a Public Interest Litigation (PIL) petition challenging the cover of Arundhati Roy's latest book, "Mother Mary Comes to Me." Advocate Rajasimhan filed the petition, arguing that the image of the author smoking a cigarette on the book cover glorifies smoking and violates the Cigarettes and Other Tobacco Products Act (COTPA).
Section 7 and Section 8 of the COTPA mandate health warnings such as 'Smoking is injurious to health' or 'Tobacco causes cancer' on any depiction of smoking. However, the petitioner claims that the book cover lacks these warnings, amounting to an indirect advertisement of tobacco products.
The petitioner also contends that the depiction of Arundhati Roy smoking on the book cover serves as an advertisement for the book and indirectly promotes smoking and tobacco products. The petitioner argues that this could send a misleading message to the impressionable youth, particularly teenage girls and women, that smoking is fashionable.
Senior Counsel S Gopakumaran Nair appeared for the petitioner in the Kerala High Court. The case is heard by a Division Bench of Chief Justice Nitin Madhukar Jamdar and Justice Basant Balaji.
The petition seeks a prohibition on the further circulation or sale of the book with the allegedly non-compliant cover picture. Furthermore, the petitioner has urged the Court to order the Union government, 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.
It is important to note that the petitioner is not challenging the contents or the literary substance of the book. Arundhati Roy is a globally renowned public intellectual, and her actions exert a strong influence over youth and the reading public, particularly the teenage girls and womenfolk who are still keeping aloof in Indian society from openly and publicly displaying smoking and drinking habits.
The Indian government has been asked to respond to the petition. The Court is yet to issue a ruling on the matter. As the case progresses, it will be interesting to see how the Court balances the right to free speech with the need to protect public health.
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