SC says Cinema halls can bar people from taking food from outside
Mangalore Today News Network / News18
New Delhi, Jan 03, 2023: The Supreme Court on Tuesday said the owners of cinema halls have the right to regulate moviegoers from carrying food and beverages from outside into the movie hall. A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha noted that cinema halls are the private property of their owners.
“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 the public interest, safety, and welfare. The owner is entitled to set terms for the sale of food and beverages. Movie goer has the choice to not purchase the same," the court said.
The Bar and Bench quoted the court as saying, “Viewers visit hall for entertainment." The viewers will have to abide by the terms and conditions subject to which the entry is granted, the court added.
The apex court set aside a direction of the Jammu and Kashmir High Court which had in July 2018 directed multiplex and cinema hall owners there not to prohibit moviegoers from carrying their own food items and water inside the theatres.
The bench noted that during the course of the arguments before it, the counsel appearing for the appellants stated that due arrangements are made for the supply of hygienic drinking water to the movie goers without levying any charge within the precinct of the cinema hall.
The apex court said it was also stated before it that where an infant or a young child accompanies the parents, as a matter of practice, the cinema hall owners have no objection to reasonable amount of food being carried for the child to serve the nutritional requirements.
Advocate Sumeer Sodhi, appearing for one of the appellants GS Malls Pvt. Ltd, argued the receipts issued by theatre owners have a specific condition mentioned on them to the effect that no outside food is allowed.
“Now, the regulation of what can be brought, what cannot be brought within the precincts of a private property… is for the owner of the property to decide, subject to statutory rules which regulate his activity," the CJI said.
“Suppose, somebody starts getting ‘jalebis’ into the cinema hall, the owner could say you eat your ‘jalebis’ and wipe your hands on the seats," Justice Chandrachud said, adding, “I am just giving you an example." The bench observed the fundamental aspect which needs to be noted is that the trade and business of conducting a cinema theatre is subject to regulation by the state which has framed the Jammu and Kashmir Cinemas (Regulation) Rules, 1975.
It said, admittedly, the rules contain no mandate compelling the owner of a cinema theatre to allow a movie goer to bring food or beverages within the precinct of the theatre.
The bench said it needed no emphasis that the rule making power of the state has to be exercised in a manner consistent with the fundamental right of the hall owners to carry on a legitimate trade and business within the meaning of Article 19 (1)(g) of the Constitution.