Arundhati Roy's book cover has disclaimer against smoking: Publisher to Kerala HC

Kochi, Sep 25 (PTI) The Kerala High Court was on Thursday told that Booker Prize winner Arundhati Roy's book -- 'Mother Mary Come to Me' -- has a disclaimer against smoking on the back of its cover.

The submission by the book's publisher -- Penguin Random House India -- came in response to a lawyer's plea urging the High Court to prohibit the sale, circulation and display of the book with its present cover, where the author is shown smoking a cigarette.

The petitioner, Kochi-based lawyer Rajasimhan, claimed in his plea that the book cover did not have a statutory health warning.

In view of the submission, on affidavit, by the publisher, a bench of Chief Justice Nitin Jamdar and Justice Basant Balaji asked Rajasimhan why he filed the plea without even looking at the back cover of the book.

The court also said that there were other statutory remedies available to the petitioner in the matter.

The hearing was adjourned to October 7 on the petitioner's lawyer's request for time to seek instructions.

Rajasimhan, in his plea, has contended that the cover page image sends out a "damaging message" to society, especially to girls and women, by "glorifying" the act of smoking.

He has also contended in the plea that the image is also in violation of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA), 2003.

Opposing his plea, the publisher said, in its affidavit, that there is a disclaimer -- Any depiction of smoking in this book is for representational purposes only. Penguin Random House India does not promote or endorse tobacco use -- on the book's back cover.

"It appears that the petitioner either conveniently suppressed this fact in the writ petition, or the petitioner has not conducted even the bare minimum due diligence expected of a public interest litigant and is, therefore, unaware of this fact," the publisher has contended.

It has also been said that "any suggestion that the book's cover glorifies smoking is outrightly incorrect, in the light of the specific disclaimer".

The publisher also said that there have been several instances of photographs of persons smoking in magazines and news articles, but the petitioner did not do anything till now.

"The same points to a selective and pick-and-choose policy on the part of the petitioner, which is inconsistent with the spirit of genuine public interest litigation. Indeed, the present writ petition, though styled as a public interest litigation, appears to be more in the nature of litigation interested in publicity," it said.

Besides prohibiting the sale, circulation and display of the book with its current cover, the plea has also sought withdrawal of all of its copies from the market.

It has also sought a declaration that publication of the book with the current cover image and without the statutory health warning is "illegal and violative of COTPA". PTI HMP HMP ADB