SC Upholds Arundhati Roy's Creative Freedom, Rejects Plea Against 'Mother Mary Comes to Me' Book Cover
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The Supreme Court has dismissed a petition challenging the cover of Arundhati Roy's book 'Mother Mary Comes to Me', ruling that the author's creative freedom outweighs concerns over the image of her smoking a beedi. The court held that the cover did not violate tobacco-control laws, as it was a literary work and not an advertisement. In a verdict delivered on Friday, a bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi emphasized that the book's disclaimer and the author's intentions were clear. The court noted that the publisher, Penguin Random House India, had included a disclaimer on the back cover stating that the photograph was for representation purposes and did not endorse tobacco use. The bench rejected the petitioner's argument that the cover glorified smoking and could mislead young readers, saying that the image was part of a literary work and not a public advertisement. The court also pointed out that the petitioner had refused to approach the appropriate statutory authority and had filed the petition without proper research. The Supreme Court's decision upholds the October 13 ruling of the Kerala high court, which had also rejected a similar challenge. The high court had noted that the publisher's disclaimer addressed any concerns and that the petition appeared motivated by publicity rather than public interest. The court's verdict has been seen as a victory for creative freedom and the right of authors to express themselves without fear of censorship. The decision has also been welcomed by the publishing industry, which sees it as a safeguard against frivolous lawsuits that could stifle artistic expression.