No Illegality in Book Cover: Supreme Court Dismisses Plea to Ban Arundhati Roy’s Memoir

The petitioner had claimed the cover violated India’s tobacco control laws.

The Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi refused to interfere with a Kerala High Court order that had earlier thrown out a PIL challenging the book.

The appeal, filed by Rajasimhan, sought action against Roy and her publisher, Penguin Hamish Hamilton, under Section 5 of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA).

The Court was unconvinced.

“She is a renowned author. She has not promoted smoking,” the CJI said, noting that the book carries a health warning and that the image appears only on the book cover, not in any public advertisement. “Why do such a thing for publicity? 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," the CJI added.

Section 5 of COTPA prohibits the advertisement, promotion and sponsorship of cigarettes and other tobacco products, banning direct and surrogate ads, publicity through media or other channels, and displays suggesting tobacco use. However, the law does not prohibit the depiction of smoking within artistic or literary contexts, nor does it regulate book covers unless they function as advertisements.

The Bench said neither Roy nor the publisher had violated COTPA. “Book, publisher or author has nothing to do with advertising for cigarettes. 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 CJI remarked.

The petitioner’s counsel insisted the image was unlawful, arguing that it was unclear whether the author was smoking a “ganja beedi” or a regular bidi and that the book carried only a “small disclaimer” instead of a statutory warning.

The Court rejected these arguments outright.

“We see no reason to interfere with the impugned High Court order,” the Bench held, bringing the controversy to a close.

Mother Mary Comes to Me is a memoir written by Roy. The Supreme Court’s decision effectively affirms that its cover image does not amount to tobacco advertising under the law.