Overview
- Chief Justice Nitin Jamdar and Justice Basant Balaji asked if the petitioner had first approached the authority designated under COTPA and directed him to obtain instructions on that point.
- The PIL by advocate Rajasimhan alleges the cover of Mother Mary Comes To Me violates anti-tobacco law by depicting smoking without a statutory warning and seeks a stay on sale, circulation and display, withdrawal of copies, and republication in compliance.
- The petitioner argues the image glamorises smoking and misleads youth, particularly girls and women, invoking Section 5 and other COTPA provisions as well as constitutional public‑health duties, while clarifying the plea targets only the cover.
- Reports highlight a legal wrinkle because COTPA’s definition of “cigarette” excludes beedi, and the cover photo appears to show a beedi, raising questions about the law’s applicability.
- Penguin’s back cover carries a disclaimer that any depiction of smoking is representational and not an endorsement; respondents named include the Union Health Ministry, Kerala’s health department, the Press Council, Penguin India and Roy.