Kerala High Court Reserves Verdict On PIL Against Sale Of Arundhati Roy's Book Showing Her Smoking On Cover

The Kerala High Court on Tuesday (October 7) reserved its verdict on a PIL challenging Arundhati Roy's book "Mother Mary Comes To Me", the front cover of which shows her smoking a Bidi without any statutory health warning.The Petitioner, an advocate, seeks stay on the book's sale without the statutory label.After hearing the matter for some time, a division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji orally indicated that it shall pronounce its verdict next Monday i.e., October 13.During the hearing the court orally said that the petitioner can approach the committee under the statutory law and that the court was not a "platform to make a speech". However the counsel appearing for the petitioner submitted that he only wanted some relief.The counsel contended that the disclaimer published on back cover is not sufficient. "It is not a disclaimer at all...it should be very specific. It is not as per the Act, it is not a statutory warning also, it is not given in a conspicuous manner, that's my grievance". It is in violation of the statutory provisions of Section 5 Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2013 (COTPA), the counsel submitted. For context, Section 5 states that "No person engaged in, or purported to be engaged in the production, supply or distribution of cigarettes or any other tobacco products shall advertise and no person having control over a medium shall cause to be advertised cigarettes or any other tobacco products through that medium and no person shall take part in any advertisement which directly or indirectly suggests or promotes the use or consumption of cigarette."Meanwhile the counsel appearing for the Union of India submitted that the statute provides for a remedy, for violation of Section 5 COTPA where a steering committee is constituted with powers to take suo motu cognizance to address such complaints. She submitted that there is also an online portal under the national tobacco control program and any online complaint will be duly addressed. She said, "petitioner without approaching statutory authority under COTPA Act has chosen to approach high court in guise of PIL". Meanwhile another counsel appearing for respondent-party submitted that the petitioner without doing any due diligence has approached the high court. The court thereafter reserved verdict in the matter and said that it will "keep it on Monday for passing orders". Case Title: Rajasimhan v Union of IndiaCase No: WP(PIL) 117/ 2025

Kerala High Court Reserves Verdict On PIL Against Sale Of Arundhati Roy's Book Showing Her Smoking On Cover

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