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India's Supreme Court upholds book cover showing author smoking a bidi, calling it protected art, not tobacco ads.
The Supreme Court of India has dismissed a petition challenging the cover of Arundhati Roy’s memoir 'Mother Mary Comes to Me,' which shows her smoking a bidi, ruling the image does not violate tobacco advertising laws.
The court, led by Chief Justice Surya Kant, stated the depiction is not a commercial promotion and falls within protected artistic expression.
It upheld a Kerala High Court decision, noting the book includes a disclaimer and health warning, and emphasized that the image does not breach the Cigarettes and Other Tobacco Products Act.
The court questioned the petition’s intent, suggesting it may seek publicity rather than legal redress, and affirmed that free expression outweighs concerns over controversial imagery in literary works.
La Corte Suprema de la India mantiene la portada de un libro que muestra a un autor fumando un bidi, llamándolo arte protegido, no anuncios de tabaco.