Supreme Court Upholds Legality of Arundhati Roy's Book Cover Photo
The Supreme Court of India ruled on Friday that a photograph of author Arundhati Roy smoking a 'bidi' on the cover of her book does not violate the Cigarettes and Other Tobacco Products Act (COTPA) of 2003. The court stated that the photograph does not constitute an advertisement and therefore does not require a statutory warning.
Background of the Case
The case was brought before the Supreme Court by appellant Rajasimhan, who challenged a Kerala High Court decision. Rajasimhan had sought the publication of a statutory warning alongside the book cover photograph, arguing that it promoted smoking and defied the 2003 Act.
Supreme Court's Reasoning
A bench comprising CJI Surya Kant and Justice Joymalya Bagchi dismissed the appeal, stating:
- Arundhati Roy is a renowned author, and the publishing house is well-established, negating the need for publicity through the cover photo.
- The book itself does not promote tobacco products.
- The photograph is not equivalent to a public advertisement or hoarding.
- Readers purchase books based on the author and content, not solely on the cover image.
Arguments and Counterarguments
Senior advocate S Gopakumaran, representing the appellant, argued that the photograph could encourage youngsters to smoke, which would be detrimental to society. However, the court countered that a disclaimer on the back cover clarifies that the cover page does not promote smoking.
Key Takeaways
The Supreme Court emphasized that the book cover photograph is not an advertisement for tobacco products and does not infringe upon the 2003 Act. The ruling highlights the distinction between artistic expression and commercial promotion. The court also considered the presence of a disclaimer on the book, further solidifying their judgment.
