New Delhi, 5 Dec 

The Supreme Court on Friday dismissed a petition seeking a ban on Arundhati Roy’s memoir Mother Mary Comes to Me, rejecting claims that the book’s cover featuring the author smoking a cigarette or beedi violates central law by promoting tobacco use.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi ruled that the cover image does not encourage smoking and therefore does not breach Section 5 of the Cigarettes and Other Tobacco Products Act (COTPA), 2003. The bench noted that the book already carries a disclaimer clarifying the intent.

“The book, the photograph, the publisher or the author, none of these persons have anything to do with promoting cigarettes. She is a renowned author. Even the publisher is renowned. It is not an advertisement for cigarettes,” the Court observed.

The petitioner had approached the Supreme Court challenging the Kerala High Court’s decision that rejected a similar plea. The petitioner argued that the cover lacked a visible health warning and could mislead the public, especially in the absence of strong restrictions on tobacco imagery.

However, the Supreme Court agreed with the High Court’s view that the photograph is not used for commercial advertising but appears on a literary product meant for readers who consciously choose to purchase the memoir. The bench emphasised that the image does not feature in public promotional material such as hoardings or banners, further weakening the claim of commercial tobacco promotion.

“The picture in the book does not constitute any violation… We don't see any reason to interfere with the impugned order passed by the High Court,” the Court added, dismissing the appeal after hearing arguments briefly.

The ruling reaffirms that artistic and literary expression, when not designed to market tobacco, remains protected and should not be restricted without strong legal grounds. The Supreme Court’s verdict upholds Kerala High Court’s position, allowing the sale and distribution of Roy’s memoir to continue without any changes to its cover.