A plea in the Kerala High Court has asked it to bar sale, circulation and display of Booker Prize winner Arundhati Roy’s latest ‘Mother Mary Comes to Me’ book as it violates anti-tobacco law. The cover of the book shows her smoking a bidi without the statutory health warning.
A bench of chief justice Nitin Jamdar and justice Basant Balaji asked the central government on Thursday to inform the court whether there was any agency or mechanism to deal with such issues and listed the matter for further hearing on September 25, PTI reported.
The public interest litigation (PIL), filed by lawyer Rajasimhan, contended that the cover page image sends out a "damaging message" to society, especially to girls and women, by "glorifying" the act of smoking.
The PIL seeks a ban on the sale and circulation of the book unless the required statutory warning is printed on the cover.
The petitioner argues that the "glorification of smoking" by a renowned author like her promotes the false notion that such activities "enhance intellectual creativity".
"The cover image of the author of the book smoking a cigarette conveys a thoroughly misleading and unhealthy message to the impressionable youth that smoking is fashionable, intellectually stimulating and intrinsically associated with creativity," the plea has said, according to PTI.
He also contended in the plea that the image is also a clear violation of the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA), 2003.
The Act prohibits both direct and indirect advertisements of cigarettes and tobacco products, unless accompanied by the prescribed statutory health warnings, the plea has said.
Apart from the sale and circulation of the book, the plea has also sought withdrawal of all of its copies from the market.
At the same time, the petitioner has made it clear that his plea was not concerned about the content and substance of the book.
The matter has been posted for September 25 for further consideration.
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