Kerala High Court Seeks Centre's Response On Plea Against Arundhati Roy's Book Showing Her Smoking Without Health Warning

The Kerala High Court has called for Centre's response on a petition filed challenging Arundhati Roy's book "Mother Mary Comes To Me", the 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.

When the matter came before the division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, the Petitioner submitted that the book violates Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2013. 

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." 

The petitioner described the cover as "intellectual arrogance" and submitted that it amounts to an advertisement directly and indirectly under the Act. 

The Bench noted that the petitioner has not annexed the Rules that deal with indirect advertisements. It further questioned whether the petitioner has approached the concerned authority under the Act. 

“Has the petitioner approached the authority under the Rules? Some determination have to take place by the authority under this Act, whether this amounts to infringement or not. Has the petitioner made any representation to that authority?" the Court asked orally.

It thus directed the petitioner to get instructions regarding the authority under the Act which deals with such infringements. 

The matter is posted on 25 September for further consideration.

Case Title: Rajasimhan v Union of India

Case No: WP(PIL) 117/ 2025

Counsel for Petitioner: S Prasanth, Helen P A, Athul Roy, Renuka Venu, Indrajith Dileep, Amala Anna Thottupuram

Counsel for Respondent: O M Shalina (DSGI)