‘This is not an advertisement’: Supreme Court dismisses plea alleging Arundhati Roy’s book cover promoted smoking

The petitioner Rajasimhan, a lawyer, had contended that the image of the author on the cover of this Book, smoking a cigarette, is in contravention of the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

Rajasimhan also sought directions to the Centre, Press Council of India, and the Kerala Government to prohibit its sale, circulation, and display, and to direct the publisher, Penguin Random House India, to withdraw all copies of the book.

Taking it up for hearing, CJI Surya Kant pointed out that there is a disclaimer on the book. “The author is an eminent writer who has earned her name in the literary world. The publisher is also renowned. They don’t need the assistance of any advertiser.”

CJI Kant said that the book as such does not promote smoking, and wondered if the plea was for publicity. “Why for unnecessary publicity?”

The court added that the book, its 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 bench said.

Appearing for the petitioner, Senior Advocate N Gopakumaran Nair said the disclaimer appears on the back page, and was in microscopic letters. Nair said the front cover should have had the statutory warning that ‘Smoking is Injurious to Health’ or ‘Tobacco Causes Cancer’. Instead, it shows her smoking, and one cannot be sure if it is tobacco or ganja, he added.

CJI Kant said it is not that the cover of Arundhati Roy’s Mother Mary Comes to Me is being advertised through large hoardings, and added that book lovers who buy it would do so because they like the author and the content, not because of the photo.

“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 thing,” CJI Kant said.