Kerala HC Dismisses PIL Against Arundhati Roy’s Book Cover

Thiruvananthapuram, Oct 13, 2025 The Kerala High Court on Monday rejected a Public Interest Litigation (PIL) challenging the cover of Arundhati Roy’s book Mother Mary Comes to Me, which shows the author smoking a beedi. The PIL argued that the image promoted smoking as a sign of intelligence and creativity and lacked the statutory health warning required under Indian law. The court, however, noted that the publisher had already included a clear smoking disclaimer on the back cover, stating the depiction was for representation purposes and that the company did not promote tobacco use. The division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji also said that the high court was not the proper forum to decide such matters. According to them, issues under the Cigarettes and Other Tobacco Products Act (COTPA), 2003, should be addressed by statutory authorities specifically created for this purpose, after consulting all concerned parties. The bench also questioned the petitioner’s motives, suggesting the PIL seemed driven more by publicity than genuine public interest. “The petitioner filed this case without verifying the relevant material, ignoring the disclaimer, and sought to invoke the court’s extraordinary jurisdiction under the guise of public interest. Such misuse of PILs for personal attention or defamation cannot be allowed,” the court said. The advocate who filed the petition, Rajasimhan, had clarified that his objection was not to the content or literary value of Roy’s book, but solely to the smoking image, which he feared could influence young readers, particularly girls and women, to perceive smoking as fashionable. He had requested the court to halt the sale and distribution of the book until it complied with COTPA’s mandatory health warnings. Penguin Random House India, the publisher, defended the cover, emphasizing the disclaimer on the back and highlighting that the PIL lacked proper research. They argued that the book did not encourage tobacco consumption in any way. The High Court’s ruling underlined the importance of following proper legal procedures and consulting relevant authorities before filing PILs. It also stressed that courts must ensure that public interest litigation is not misused for self-promotion or personal agendas. By dismissing the petition, the court upheld the publisher’s stance and confirmed that the book could continue to be sold legally. This verdict reinforces the principle that statutory regulations are the appropriate mechanism to address such concerns and discourages frivolous litigation that may seek attention rather than public welfare. Arundhati Roy’s book, therefore, remains available with the existing disclaimer in place, allowing readers to make informed choices while maintaining creative freedom for the author and publisher. The case attracted widespread attention on social media and in literary circles, sparking debate over freedom of expression, public interest, and the portrayal of smoking in art and literature. The dismissal of the PIL is likely to be seen as a victory for authors and publishers defending creative expression while complying with legal requirements. Kerala HC Dismisses PIL Against Arundhati Roy’s Book Cover The Kerala High Court rejected a PIL challenging Arundhati Roy’s book Mother Mary Comes to Me, which shows her smoking a beedi. The petition claimed the image promoted smoking as smart and creative and lacked a health warning. The court noted the back cover already carried a disclaimer and said such matters should be handled by authorities under the COTPA Act. The bench also questioned the petitioner’s motives, suggesting the case sought publicity rather than public interest. The publisher’s defense was accepted, and the book will continue to be sold with the existing disclaimer, protecting creative freedom.