
New Delhi, India: The Supreme Court of India on Friday delivered a key judgment, stating that the image of author Arundhati Roy smoking a beedi on her book cover does not contravene the Cigarettes and Other Tobacco Products Act (COTPA), 2003. The bench clarified that the photograph does not promote tobacco products and therefore no statutory warning is required on the cover.
The ruling arose from a petition filed by Rajasimhan, represented by senior advocate S. Gopakumaran, challenging a Kerala High Court decision that had refused to direct the publisher to include a health warning on the cover. The petitioner argued that the image could potentially encourage tobacco use and thus violated the 2003 Act.
Bench Observations
The bench, comprising Chief Justice Sunil Suryakant and Justice Joymalya Bagchi, emphasized the literary stature of Arundhati Roy and the prestige of the publishing house. They stated:
“The author is a distinguished literary figure whose work does not require promotion. The book does not advertise tobacco products. Why is this even a problem?”
The court further explained that the cover image is not akin to a city billboard or commercial advertisement that would necessitate a statutory warning. Readers purchase the book for the author and her writing, not the image on the cover.
On Public Concerns
Gopakumaran argued that a public figure depicted smoking might influence youth, potentially harming society. The bench responded that the back cover includes a disclaimer clearly stating that the cover does not promote smoking. Therefore, the front cover photograph cannot be construed as a tobacco advertisement and does not violate COTPA, 2003.
The Supreme Court refused to interfere with the Kerala High Court’s order, affirming that there was no legal basis for intervention.
This ruling reinforces the principle that literary expression and artistic representation are protected, even when they depict tobacco use, provided there is no intent to promote it commercially.
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