'Not Promoting Smoking': SC Rejects Plea Against Arundhati Roy Book Cover

The Supreme Court of India dismissed a petition against the book cover of Arundhati Roy's latest release, 'Mother Mary Comes to Me', which shows her smoking a cigarette, allegedly without a statutory warning. The PIL was filed by lawyer Rajasimhan, arguing that the cover photo "glorifies" the act of smoking, sending a "damaging message" to society, particularly to girls and women. It asserts that the cover falsely promotes the idea that smoking is "fashionable, intellectually stimulating, and intrinsically associated with creativity."

However, a Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi observed that Arundhati Roy has not promoted or advertised smoking, and the viewership of the book is restricted to those who will buy the book and read it.

"Her literary work does not constitute any violation of Section 5 of the 2003 Act. We see no reason to interfere with the High Court order. SLP dismissed," the apex court ordered. The bench also cautioned the petitioner against filing such petitions for publicity.

"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 to 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 a thing. 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 Court said.

Mother Mary Comes To Me book cover row

The PIL was first filed in the Kerala High Court, claiming that the cover of Mother Mary Comes To Me violates the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA).

When the High Court dismissed the plea, petitioner Rajasimhan moved the Supreme Court, asking not only to ban the sale but also to have all copies of the book withdrawn from the market.

The book's publisher defended the cover, stating that the image is a metaphor and not a literal depiction. They have clarified that the book is a work of fiction that explores various themes, including the intersection of faith and modern life.

The outcome of the ongoing legal proceedings will ultimately determine the book's availability with its current cover.

About Mother Mary Comes to Me

Arundhati Roy's journey to writing Mother Mary Comes to Me began in September 2022 after the demise of Mary Roy, her mother, from whom she distanced herself at the age of 18. Speaking about her book, Roy had previously expressed,

"I have been writing this book all my life. Perhaps a mother like mine deserved a writer like me as a daughter. Equally, perhaps a writer like me deserved a mother like her. Even more than a daughter mourning the passing of her mother, I mourn her as a writer who has lost her most enthralling subject."

Manasi Subramaniam, Editor-in-Chief of Penguin Press, Penguin Random House India, had previously said, "Filled with heart and nerve, humour and pathos, and the very raw edges of love, Mother Mary Comes to Me is a visceral and unflinching account of personal and political awakening. We are delighted to share it with the world."