The Supreme Court on Friday dismissed a plea seeking to prohibit the sale, display, and circulation of Arundhati Roy’s memoir, Mother Mary Comes to Me, over its cover showing the author smoking a cigarette or ‘bidi’. According to PTI, the bench found no violation of the law.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi rejected the appeal filed by Rajasimhan, which challenged a Kerala High Court order that had earlier dismissed a PIL on the issue.
"She is a renowned author. She has not promoted such a thing. There is a warning in the book, and she is a prominent person as well. Why do such a thing for publicity? There is no hoarding in the city with the picture of the book. It is for someone who will take the book and read it. Her picture with it does not portray any such thing," the Chief Justice said, according to PTI.
The bench observed that both Roy and the publisher, Penguin Hamish Hamilton, have not contravened Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. This provision bans advertising, promotion, and sponsorship of tobacco products through direct or surrogate media, leaflets, displays, or any activity suggesting tobacco use, while permitting health warnings and certain retail point displays.
"We see no reason to interfere with the impugned High Court order," the CJI added.
The petitioner’s counsel had contended that it was unclear whether the cover depicted a ‘ganja beedi’ or a normal beedi and pointed out that the book contained only a small disclaimer without a prominent warning as mandated by law.
"Book, publisher or author has nothing to do with advertising for cigarettes etc. This is not an advertisement. You may disagree with the views of the author... but that does not mean such a case can lie," the Chief Justice remarked.
Reported PTI, the Supreme Court’s ruling allows the memoir to continue being sold and displayed across India.
Mother Mary Comes to Me is a memoir authored by Arundhati Roy.
(With inputs from PTI)
