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No research into plea over Arundhati Roy book cover, says publishing house
The publisher further contended that the public interest litigation (PIL) taking issue with the book cover, which was admitted before the court on September 18, was filed without proper research
Publisher Penguin Random House India on Thursday mounted a defence of the cover of Arundhati Roy’s new book “Mother Mary Comes To Me” before the Kerala high court, stating that the back cover carried a disclaimer stating that the photographic depiction of the author smoking a “beedi” was only “for representation purposes” and that the company did not endorse the use of tobacco.
The publisher further contended that the public interest litigation (PIL) taking issue with the book cover, which was admitted before the court on September 18, was filed without proper research. The petitioner, an advocate named Rajasimhan, admitted to the court that he filed the petition upon coming across the book cover on display at a bookstore, and had not bothered to actually read the book, to which the court expressed its displeasure.
Meanwhile, the respondent Penguin Random House urged the bench of chief justice Nitin Jamdar and justice Basant Balaji to impose “exemplary costs” on the petitioner.
The petition urged the court to stop the sale and circulation of the book without the legally mandated health warnings displayed on all tobacco product packages in India under the Cigarettes and Other Tobacco Products Act (COTPA), which include texts warning that smoking “kills” and “causes cancer,” etc.
It argues that the cover violates Sections 5, 7 and 8 of COTPA, which govern tobacco advertising and packaging but not depictions in books, with past health-warning rules applying only to films and television, not print.
“Learned counsel for respondent no. 4 (Penguin Random House) takes serious objection that the PIL was filed without doing proper research, without even noticing disclaimer on the book by the publisher to the effect that the intention is to not promote publishing. To a query as to why this was not disclosed, the counsel for petitioner submits that the petitioner has not seen the entire book. Question arises as to the entertainability of such PIL. Further query whether petitioner would approach the authority under the statutory framework in the grievance, counsel for the petitioner states that petitioner intends to argue the matter on merits...The petitioner will also note that the respondent has sought for exemplary cost,” the Court then recorded in its order.
In its counter affidavit, Penguin Random House also cited the covers of 16 other books previously published in India, which show individuals smoking on its cover. It also attached clippings from newspaper and magazine stories that carried still pictures of people smoking. It submitted that a still photograph on a book cover was similar to still pictures in newspaper articles, and that it cannot be equated with moving images in films or direct advertisements of tobacco products.
The high court will hear the matter further on October 7.
