Kerala High Court Dismisses PIL Against Arundhati Roy’s Book Cover

The Kerala High Court has dismissed a Public Interest Litigation (PIL) challenging the cover of Arundhati Roy’s latest book, Mother Mary Comes To Me, which depicts the author smoking a beedi. The petitioner had sought a stay on the sale of the book unless it carried a statutory health warning, alleging that the cover violated the Cigarettes and Other Tobacco Products Act (COTPA), 2003.

Court’s Ruling

A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji rejected the PIL, stating that it appeared to be filed for self-publicity rather than genuine public interest. The court noted that the petitioner had failed to notice the disclaimer on the back cover of the book, which clarified that the depiction of smoking was for representational purposes only and did not promote tobacco use. The bench emphasized that courts must ensure that PILs are not misused as vehicles for personal agendas or to cast aspersions on individuals. The Indian Express

Legal Perspective

Under COTPA, the depiction of smoking in films, television, and print media requires a statutory health warning. However, the law’s application to book covers has been a subject of debate. In this case, the court determined that the inclusion of a disclaimer on the book’s cover addressed the concerns raised by the petitioner. The court also pointed out that such matters are best decided by expert bodies constituted under the Act, rather than through PILs. The Statesman

Conclusion

The Kerala High Court’s decision underscores the importance of ensuring that legal challenges are based on genuine public interest and not personal motives. It also highlights the need for clear guidelines on the application of tobacco-related laws to various media, including book covers. As the debate over the portrayal of smoking in media continues, this ruling may influence future cases and discussions on the subject.

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