Arundhati Roy's Memoir Doesn't Violate Law For Showing Cover Image Of Author Smoking: Supreme Court Dismisses Plea

The Supreme Court today refused to entertain a plea challenging the Kerala High Court order, which dismissed a PIL against Arundhati Roy's book 'Mother Mary Comes To Me', where she is seen smoking a bidi on the book cover.

The bench of CJI Surya Kant and Justice Joymalya Bagchi heard the matter.

The High Court, while dismissing the plea filed by a lawyer, observed that the publisher of the book had already mentioned a disclaimer on the back of the book cover that the cover image was not an endorsement of tobacco use.

At the outset, Sr Adv Gopal Kumaran, appearing for the petitioner, argued that the cover picture shows her smoking a bidi without the exact statutory warning that 'Smoking is injurious to health' or 'Tobacco causes cancer'. He also pointed out that it's not certain whether this is a tobacco cigarette or contains ganja.

The CJI, seemingly disinclined to accept the argument, pointed out that Roy is an eminent author and her literature also does not seem to promote smoking. He questioned whether the plea was filed for seeking publicity by the petitioner.

"The author is an eminent person; she has her own name in the literary world. The publisher is also a renowned publisher ... the literature as such does not promote it, why is it your problem? Unnecessarily for popularity."

The CJI added that it is not the case that the book cover is being advertised through big hoardings across the city. CJI Surya Kant added that someone who is an avid reader of good literature would not buy the book only because of the photograph but because of the credibility of the author and the book's contents.

The counsel then emphasised that the disclaimer at the back is written in minute words. The CJI replied that in any case, the book is not written for the promotion of cigarettes and would not need a statutory disclaimer under S.5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2013.

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."

The bench proceeded to dismiss the matter and ordered :

"The book does not constitute any violation of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2013. We see no reason to interfere in the present plea; the SLP is dismissed."

Case Details : RAJASIMHAN vs. UNION OF INDIA| SLP(C) No. 034002 - / 2025