New Delhi: A PIL has been filed by an advocate in the Kerala High Court demanding that a “stay” be placed on sales of Arundhati Roy’s latest book, Mother Mary Comes to Me, because the cover carries a photograph of the author smoking a beedi without adequate warning.
However, the book’s back cover—with a picture of an older, grey-haired Roy who isn’t smoking—has a disclaimer.
“Any depiction of smoking in this book is for representational purposes only. Penguin Random House does not promote or endorse tobacco use,” the text reads.
Meanwhile, the petitioner has stated that the book is in 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 of 2003.
“No person engaged in, or purported to be engaged in the production, supply or distribution of cigarettes or any other tobacco products shall advertise and no person having control over a medium shall cause to be advertised cigarettes or any other tobacco products through that medium,” reads section 5. “No person shall take part in any advertisement which directly or indirectly suggests or promotes the use or consumption of cigarettes or any other tobacco products.”
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‘Direct, indirect advertisement’
While a photograph of Roy smoking doesn’t ostensibly indicate an advertisement or promotion, the petitioner referred to the cover as “intellectual arrogance”, Live Law reported. The advocate also said that the cover qualifies as both a direct and an indirect advertisement.
However, the Cigarettes and Other Tobacco Products Act of 2003 mentions context while delineating what advertisement entails.
“In this Act, unless the context otherwise requires: “advertisement” includes any visible presentation by way of notice, circular, label, wrapper or other document and also includes any announcement made orally or by any means of producing or transmitting light, sound, smoke or gas,” it reads.
It also clearly defines a cigarette.
“Any roll of tobacco wrapped in any substance containing tobacco, which, by reason of its appearance, the type of tobacco used in the filter, or its packaging and labelling is likely to be offered to, or purchased by, consumers as a cigarette,” it reads. “But [it] does not include beedi, cheroot and cigar.”
On the book cover, a young Roy appears to be smoking a beedi.
The Kerala High Court has asked for the Centre’s response on the petition.
(Edited by Prasanna Bachchhav)