Think twice before taking outside food to movie halls. Image used for representational purposes/AFP
Picture this: you are in the midst of watching Avatar: The Way of Water at your favourite cinema hall and you suddenly feel like munching on something. So, you whip out a box of snacks from your bag and start eating.
Now, according to the Supreme Court’s latest ruling, you can’t do this.
The apex court on Tuesday ruled that owners of cinema halls are entitled to set the terms and conditions for the sale of food and beverages and can determine whether outside food should be permitted within the theatre precincts. So if you thought of carrying your own snacks to the movies, think again.
In their order, a bench of Chief Justice of India DY Chandrachud and PS Narasimha said, “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.”
They, however, added that cinema hall owners must provide free hygienic drinking water to their viewers and allow parents to carry food for infants accompanying them.
What was this case all about and what has the court finally ruled on it?
What did the SC say?
A Supreme Court bench headed by CJI DY Chandrachud and PS Narasimha hearing the case stated clearly that as cinema hall is a private property of the owner, they have the right to set conditions on movie goers carrying food and beverages.
The bench said whether or not to see a movie is entirely the choice of the viewer and, if he or she seeks to enter a cinema hall, they have to abide by the terms and conditions subject to which the entry is granted.
While explaining their stand, Chief Justice Chandrachud said, “Suppose someone starts getting jalebis inside the cinema hall then the theatre’s management can stop them. If the viewer wipes his sticky fingers on the seats, then who will pay for the cleaning? People can also bring tandoori chicken. Then there will be complaints of bones left in the hall. That could also bother people. No one is forcing them to buy popcorn.”
The court said that they could make concessions and that cinema hall owners should provide free water, but at the same time “you can’t say that suppose they sell ‘nimbu paani’ (fresh lime water) 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 the theatre”.
The court noted, “The cinema hall is not a gym that you need healthy food. It is a place of entertainment.”
The two apex court judges clarified that all cinema halls had provisions to make available hygienic water for movie goers and that the guardians were allowed to bring in food for infants for the duration of their visit.
The apex court ruled that as cinema halls are private property, the owners have the right to set conditions on movie goers carrying food and beverages. AFP
What was the case about?
The Supreme Court’s order on Tuesday is based on a case that dates back to July 2018. Then the Jammu and Kashmir High Court had set aside a ban on food and drinks from outside in movie theatres.
Two petitioners, practising lawyers, had approached the court, complaining that nutritious food was not served inside theatres and moviegoers were left with no option but to purchase food sold at theatres, that too at exorbitant rates.
They also argued that the J&K (Regulation) Rules 1975 did not prohibit carrying food.
Hearing the case, the J&K High Court had then ruled, “Such kind of acts on the part of multiplex/cinema hall owners are against the right to choice of food, including the right not to eat junk food and right to good health, which comes under the purview of Article 21 of the Constitution of India guaranteeing protection of life and personal liberty of every citizen.”
However, in August of the same year, the Supreme Court had stayed the order after the petitioner –the Multiplex Association of India — had said that if the order was implemented across the country, these business entities would face a breakdown.
Munchies at theatres
This isn’t the first time that the issue of outside food at a theatre has been raised. In December 2019, the Hyderabad Police responding to an RTI (Right to Information) query had revealed that multiplexes cannot prohibit cinegoers from carrying their own food and water bottles inside the cinema hall.
The Hyderabad Police’s response came after anti-corruption activist Vijay Gopal had posed the question. The RTI response had said that as per the Cinema Regulation Act of 1955, there are no laws restricting the admission of moviegoers inside the theatre with their own food packets.
The RTI response had also stated that no single screen theatres can charge a customer for providing 3D glasses. However, the police say that few multiplexes are permitted to do so for screening 3D movies as per the representations and GOs issued by the government. Interestingly, there was also no provision that stopped a customer from carrying his/her own 3D glasses to a theatre.
With inputs from agencies
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