Kochi: The Kerala High Court has sought the Centre’s response on a petition challenging the cover of Arundhati Roy’s book 'Mother Mary Comes To Me', which depicts the author smoking a bidi without a statutory health warning.

The petitioner, advocate Anamika MJ, has sought a stay on the book’s sale in the absence of the mandated label. When the matter came before a division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, the petitioner argued that the cover violates Section 5 of the Cigarettes and Other Tobacco Products Act, 2013, which prohibits direct or indirect advertisements of tobacco products.

Describing the cover as an act of “intellectual arrogance”, the petitioner contended that it amounted to an indirect advertisement under the law.

The bench, however, pointed out that the petition did not annex the relevant rules dealing with indirect advertisements. It also questioned whether the petitioner had approached the competent authority under the Act.

“Has the petitioner approached the authority under the Rules? Some determination has to take place by the authority under this Act, whether this amounts to infringement or not. Has the petitioner made any representation to that authority?” the bench asked orally.

The court directed the petitioner to clarify on the authority concerned before proceeding further. The matter has been posted for September 25.
(With LiveLaw inputs.)