The Kerala High Court on Thursday sought the Union government’s response to a plea seeking a ban on author Arundhati Roy’s book Mother Mary Comes to Me for its cover, which shows her smoking a cigarette without the mandatory health warning, Bar and Bench reported.

The public interest litigation alleged that the image of Roy smoking a cigarette glorified the act as a symbol of intellectual and creative expression. The plea contended that the book is accessible to the public and may potentially send a misleading message to the youth that smoking is fashionable, Bar and Bench reported.

The book was released on August 28.

The petitioner alleged that the book cover violated the 2003 Cigarettes and Other Tobacco Products Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution Act, and the 2008 rules, The Indian Express reported.

The Act mandates the addition of health warnings such as “smoking is injurious to health” or “tobacco causes cancer” on all depictions of smoking. The petitioner argued that the book cover did not have the mandatory warning, which amounted to an indirect advertisement of tobacco products, Bar and Bench reported.

The petitioner clarified that he was not challenging the contents of the book.

The plea sought directions from the court to restrain Roy and the publisher from further selling the book with the existing cover photo.

The petitioner also requested the Kerala High Court to order the Union health ministry, the Press Council of India and the state government to ensure compliance with the 2003 Act. This includes the republication of the book with a new cover with the health warning, the plea added.

A division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji will hear the matter next on September 25.

Also read: ‘Mother Mary Comes To Me’: Arundhati Roy writes intimately of life with, and without, her mother

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