New Delhi: Eminent author Arundhati Roy’s new book ‘Mother Mary Comes To Me’ has run into legal trouble after a controversy erupted over its cover picture.
The picture shows the Booker Prize winner smoking a cigarette without any statutory health warning, which has been criticised by many for her ‘disregard’ of the law.
A petition was filed before Kerala High Court, questioning whether such a photo violates India’s tobacco control laws, which prohibit indirect promotion of tobacco use.
The PIL, filed by Kochi-based lawyer Rajasimhan, stated that the image sends out a “damaging message” to society, particularly to young women and girls, by “glorifying” smoking.
Arguing that presenting an eminent author in such a manner creates a false impression that smoking “enhances intellectual creativity,” the petitioner seeks a declaration that the publication of the book without the statutory warning is “illegal and violative of COTPA [Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003].”
The two-member high court bench of Chief Justice Nitin Jamdar and Justice Basant Balaji has directed the Central government to file its response to the petition. The court has sought information on whether any agency or mechanism exists to deal with such issues.
COTPA prohibits advertisement of, and regulates trade, commerce, production, supply and distribution of, cigarettes and other tobacco products.
Besides seeking a ban on the sale, circulation and display of the book with its current cover, the plea asks for withdrawal of all existing copies from the market.
The petitioner has made it clear his plea was not concerned about the content and substance of the book, and focuses solely on the cover image.
All eyes will be on the high court on September 25, when the matter will next come up for hearing.
