Kerala HC Seeks Centre’s Stand on Plea to Halt Sale of Arundhati Roy’s Book Over Smoking Photo Controversy

Fast Summary

• Kerala High Court has requested the CenterS response to a plea seeking a stay on the sale of Arundhati Roy’s book, Mother Mary Comes To me.
• The petitioner,Advocate Rajasimhan,argues that the book’s cover photo showing Roy smoking a bidi violates Section 5 of the Cigarettes and Other tobacco Products Act,2013.
• Section 5 prohibits direct or indirect advertising or promotion of tobacco products via any medium.
• The petitioner describes the image as “intellectual arrogance” and claims it glorifies smoking while sending an unhealthy message to youth, particularly teenaged girls and women. He clarified he was not concerned with the book’s contents.
• A Division Bench led by Chief Justice Nitin jamdar and Justice Basant Balaji questioned whether relevant authorities under the Act were approached for guidance on possible violations before filing in court.
• The case will be heard further on September 25.

Indian Opinion Analysis

This case highlights a legal intersection between artistic expression and public health regulations. while arundhati roy’s choice of cover imagery may be within her creative rights as an author, it also risks being interpreted as an implicit endorsement or normalization of smoking behavior. Section 5 strictly limits advertisements that suggest tobacco consumption, but whether this applies to non-commercial artistic representations remains legally ambiguous.

The Kerala High Court’s concern about properly approaching regulatory authorities reflects due diligence before exercising judicial intervention.If prescribed processes under legislation were bypassed here, it could set precedents for similar disputes across India affecting literature and art.

The upcoming hearing is significant in determining how broadly public health laws are applied in cases involving creative freedom. A ruling either way could affect how authors navigate visual elements in their works moving forward without inadvertently inviting legal challenges.

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