Kerala HC dismisses PIL seeking sale of Arundhati Roy’s book

The Kerala High Court on Monday dismissed a Public Interest Litigation (PIL) filed before it, seeking a stay on the sale of Arundhati Roy’s latest book ‘Mother Mary Comes to Me’ over its cover which shows her smoking a beedi without the mandatory health warning.

While dismissing the petition filed by Advocate Rajasimhan of Ernakulam, a Division Bench comprising Chief Justice Justice Nitin Jamdar and Justice Basant Balaji observed that in view of the statutory framework under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and the Rules of 2004, such matters are to be decided by the Steering Committee after affording an opportunity of hearing to the parties concerned.

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“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 said.

The court also expressed reservations about whether the plea was filed in public or publicity interest.

“The petitioner, despite making him aware, has refused to take up the issue before the statutory authority, filed a petition without examining relevant legal position, without verifying the necessary material, including the presence of disclaimer on the book, has sought to invoke the extraordinary jurisdiction of this court under the guise of public interest. In light of these circumstances, keeping in mind the caution that courts must ensure that public interest litigation is not misused as a vehicle for self publicity or for engaging in personal slander, the writ petition is dismissed,” the court said.

The petitioner had contended that the book did not have any statutory health-hazard warning label regarding smoking and that this was a violation of Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2013. Later, it emerged that there was a written disclaimer regarding the ill-effects of smoking at the back of the book.

The publisher of the book argued that Section 7 of the 2003 Act applies only to persons engaged in the production, supply, and distribution of cigarettes and that the statutory warning is required only on cigarette and tobacco product packets.