A petition has been filed in the Kerala High Court challenging the cover image of author Arundhati Roy’s new book ‘Mother Mary Comes to Me’. The objection is against the cover, which features an image of smoking but does not carry the statutory health warning mandated by law. The High Court has sought explanations from the Union Government and the book’s publisher on the matter.
The petition was filed by advocate A Rajasimhan, who has sought a stay on the sale of the book, arguing that it violates the requirement to display warnings on images connected to tobacco use. The case was heard by a division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji.
According to the petitioner, the book cover contravenes Section 5 of the Tobacco Products (Regulation of Advertisement, Marketing and Manufacture) Act, 2013. The law prohibits advertisements that directly or indirectly promote smoking. The petitioner alleged that the cover of Roy’s memoir reflects “intellectual arrogance” and amounts to both direct and indirect advertising in favor of smoking.
During the hearing, the court questioned whether the petitioner had approached the concerned authorities before moving the High Court. It directed the petitioner to present suggestions to the competent authority responsible for dealing with violations of tobacco advertisement laws. The matter has been adjourned to September 25 for further hearing.
Roy’s ‘Mother Mary Comes to Me’, released last month, marks her first memoir. However, its cover design has now become the subject of legal dispute. The controversy highlights broader concerns over whether artistic works, including books, are bound by the same legal norms governing tobacco promotion in advertisements.
The petitioner maintained that the absence of a statutory warning on the cover constitutes a violation of public health regulations. The plea reiterated that the Tobacco Products Act bars any form of advertisement, explicit or indirect, that could be construed as promoting cigarettes or tobacco use. By displaying a smoking image without a warning, the book allegedly undermines the intent of the law and normalises smoking in the public sphere.
The court, however, stopped short of issuing immediate orders against the sale of the book. Instead, it emphasized the need for the competent authorities to examine whether the cover indeed falls within the scope of the law. The bench also orally inquired whether the petitioner had made any formal representation to such authorities prior to filing the petition.
The court directed that the petitioner submit suggestions to the relevant authority tasked with investigating such violations. Until then, the issue remains unresolved, with the next hearing scheduled for September 25.
The dispute over the cover of ‘Mother Mary Comes to Me’ has put Arundhati Roy under criticism, with the petitioner alleging misuse of artistic freedom. By overlooking the statutory warning, the book risks normalising smoking and undermining public health safeguards. The case highlights how even renowned authors cannot place creativity above legal responsibility.
Comments