Lagatar24 Desk
New Delhi, Jan 3: The Supreme Court ruled on Tuesday that a cinema owner has the authority to prohibit moviegoers from bringing food and drinks inside the theatre.
However, the bench clarified that all Cinema Halls must provide hygienic drinking water for all moviegoers free of cost in theatres. It also noted when an infant or a child accompanies a parent, reasonable amount of food for them can be carried in theatres.
A court panel led by Chief Justice of India DY Chandrachud and Justice PS Narasimha emphasised said that a movie theatre is the private property of its owner, who is free to impose any terms and conditions he sees fit as long as they don’t conflict with the general welfare or safety of the public.
“A cinema hall owner has the right to regulate the entry of food and beverage. Whether to consume what is available is entirely upon the choice of the movie goer. Viewers visit the hall for entertainment,” the Court said.
The Court said, “If a viewer enters a theatre, he or she must abide by the rules of the theatre owner, and it is obviously a matter of business decision.”
The Court subsequently overturned a ruling by the Jammu and Kashmir High Court that instructed multiplexes and movie theatres to allow patrons to bring their own food and drinks into the theatres.
“The High Court exceeded jurisdiction in passing such an order. It has been submitted movie hall owners that drinking water will be supplied free of charge and when an infant accompanies a parent, as a matter of practice hall owners do not object to reasonable amount of food for infant,” the Court noted.
The High Court’s 2018 decision was the subject of a number of appeals being heard by the Court from theatre owners and the Multiplex Association of India.
After observing that the guidelines established by Jammu and Kashmir did not forbid moviegoers from bringing their own food or water bottle into the theatre, the High Court issued orders allowing outside food in cinema halls.
Senior Attorney KV Viswanathan argued that movie theatre precincts are not public property and that movie theatre owners have the right to charge entrance. He added that there is no obligation to purchase the food.
Regarding water, he stressed that every venue should make sure that clean water is provided.
The Court determined that the trade and commerce of movie theatres was the fundamental issue before it after carefully examining the submissions. The top court agreed that bringing food inside movie theatres from outside was not prohibited by government regulations.
However, a cinema building owner has the right to continue his business and profession by establishing rules and regulations.
