The Supreme Court on Tuesday said cinema halls have the right to bar movie-goers from bringing in food or beverages from outside.
A bench of Chief Justice of India D Y Chandrachud and P S Narasimha said the halls must, however, provide free hygienic drinking water to the viewers and allow parents to carry food for infants accompanying them.
“The property of the cinema hall is the private property of the owner of the hall. The owner is entitled to set terms and conditions so long as such terms and conditions are not contrary to public interest, safety, and welfare. The owner is entitled to set terms for sale of food and beverages. Movie-goers have the choice to not purchase the same,” the bench said while hearing a plea challenging the July 2018 Jammu and Kashmir High Court order lifting the restriction on movie-goers to carry their own food to cinema halls.
Setting aside the order, the Supreme Court said, “The High Court transgressed the limits on the exercise of its jurisdiction.” Pointing out that there were no statutory rules to order so, the top court added that “the imposition of such directions would affect the legitimate rights of theatre owners”.
The counsel appearing for the respondent argued that the movie ticket was a contract between the individual and the state and as long as no prohibition is printed on it, theatres cannot bar outside food.
However, Justice Narasimha remarked that “the basic premise is that cinema has a right to reserve admission. The cinema owners have a right to sell their own food and beverages”.
Appearing for the appellants, Senior Advocate K V Viswanathan, too, contended that cinema halls were private properties and could reserve the right of admission. He said the Jammu and Kashmir Cinema (Regulations) Rules 1975 did not have any provision allowing a movie-goer to bring in outside food and that no cinema was compelling anyone to buy food.
Agreeing that a cinema hall is a private property, CJI Chandrachud said it is not a gym that visitors need healthy food but a place of entertainment. He added: “What goes in is for the owner of the property to decide. So saying that arms are not allowed or no discrimination on the basis of caste or gender can be there is fine. But how can the High Court say that they can bring any food inside cinema halls?”
He asked who would pay for cleaning if someone starts getting jalebis and wipes their hands on the seats. He added that people may also bring tandoori chicken and leave the bones which can again lead to complaints. “No one is forcing them (visitors) to buy popcorn. But the owner has a right,” he said.
The court said that “for water we can make a concession that free water be provided at movie theatres but at the same time you can’t say that suppose they sell nimbu paani for Rs 20, you can’t say I will go buy my nimbu from outside and squeeze it in a flask and take it inside theatre”.
