Kerala High Court dismisses PIL against Arundhati Roy’s book cover

Kochi: The Kerala High Court on Monday dismissed a Public Interest Litigation (PIL) filed against celebrated author Arundhati Roy’s latest book ‘Mother Mary Comes to Me’, which features an image of the author smoking on its cover. The petitioner had alleged that the cover violated legal requirements under India’s anti-tobacco laws by omitting a health warning.

However, a Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji found serious flaws in the petition. The Court pointed out that the petitioner had failed to disclose that the book’s publisher had, in fact, included a disclaimer regarding smoking on the back cover.

In its judgment, the Court ruled that such matters fall under the jurisdiction of expert bodies constituted under the Cigarettes and Other Tobacco Products Act (COTPA), 2003, and should not be addressed through PILs in court.

"In view of the statutory scheme under COTPA Act, 2003 and Rules, such matters are to be decided by expert bodies constituted under the Act after hearing parties," the Court observed.

The Bench also questioned the bona fides of the petitioner, suggesting the case may have been filed for publicity rather than genuine public interest.

“The petitioner, despite being made aware of the appropriate forum, refused to approach the statutory authority, filed the petition without verifying relevant legal provisions or material facts — including the presence of a disclaimer — and sought to invoke the court's extraordinary jurisdiction under the guise of public interest,” the Court noted.