At a time when moviegoers are forced to shell out exorbitant prices for popcorn and other eatables on the cinema premises, the Supreme Court on Tuesday held that an owner of a cinema hall has the right to regulate moviegoers from carrying food and beverage from outside into the movie hall.
Setting aside the decision of Jammu & Kashmir High Court, the bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha underlined that a cinema hall is the private property of the owner and he is entitled to put such terms and conditions as he deems fit provided the same are not contrary to public interest or safety.
“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 moviegoers. Viewers visit the hall for entertainment,” the court said, adding that if a viewer enters a movie hall, s/he has to adhere to the rules of the cinema hall owner and it is evidently a matter of commercial decision of the theatre owner.
Jammu & Kashmir High Court ordered multiplexes and movie theatres not to prevent cinema goers from carrying their own food and beverages into movie halls.
“The High Court exceeded jurisdiction in passing such an order. It has been submitted to 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 amounts of food for infants,” said the apex court.
The SC was hearing a batch of appeals filed by theatre owners and Multiplex Association of India challenging a 2018 verdict of the High Court.
The High Court had passed directions to allow outside food in cinema halls after noting that the rules framed by Jammu & Kashmir did not prohibit movie goers from carrying their own food or water bottle inside the hall.
“…It is open to the theatre owner to determine as to whether food from outside the precinct of the hall should be permitted within,” said the apex court, adding that it is evidently a matter of commercial decision of a theatre owner.
The bench noted that during the course of the arguments, the counsel appearing for the appellants stated that due arrangements are made for the supply of hygienic drinking water to moviegoers 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 amounts of food being carried for the child to serve the nutritional requirements.
It observed that whether or not to purchase food or beverages after admission to the cinema hall is entirely the choice of a moviegoer.
“The property of the cinema hall constitutes a private property of the owner of the hall. The owner of the hall is entitled to have terms and conditions so long as such terms and conditions are not contrary to public interest, safety and welfare,” said the top court.
Advocate Sumeer Sodhi, appearing for one of the appellants G S 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.
The court said the owner of a private property has the right to decide what can be brought in and what is not subject to rules.
“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.