Thiruvananthapuram: The Kerala High Court on Monday dismissed a public interest litigation (PIL) challenging the cover of author Arundhati Roy’s new book, Mother Mary Comes to Me, which depicted her smoking a cigarette allegedly without the mandatory health warning.
A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji noted that the petitioner, advocate Rajasimhan, had failed to disclose that a disclaimer on smoking appears on the back cover of the book. The bench held that the matter falls within the jurisdiction of statutory authorities constituted under the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), and not under the High Court’s writ jurisdiction.
“In view of the statutory scheme under the COTPA Act and the Rules framed thereunder, such matters are to be decided by expert bodies constituted under the Act after hearing parties,” the bench observed.
The court also expressed doubts about the bona fides of the petition, noting that the petitioner, despite being advised, had not approached the competent authority. The bench said the plea was filed without proper legal examination or verification of relevant facts, including the presence of the disclaimer, and cautioned against the misuse of PILs for publicity purposes.
The petitioner had argued that the book cover glorifies smoking as a symbol of intellectualism, which could influence impressionable youth, particularly women. He claimed that the absence of a statutory warning amounted to indirect promotion of tobacco products in violation of Sections 7 and 8 of the COTPA, and sought directions to restrain circulation of the book and mandate its re-publication with appropriate health warnings.
Rejecting the plea, the bench reiterated that regulatory matters of this nature fall within the ambit of statutory mechanisms and cannot be adjudicated through PILs.
With IANS inputs