The Supreme Court on Tuesday, January 3, said the cinema halls have the right to set terms and conditions for the sale of food and beverages inside the halls, and prohibit customers from carrying food items from outside. A bench headed by Chief Justice DY Chandrachud said that a cinema hall owner has the right to regulate the entry of food and beverages into the movie hall.
The bench, also comprising Justice PS Narasimha, said whether to consume what is available is entirely the choice of the moviegoer, and pointed out that viewers visit the hall for entertainment. The bench also orally observed that cinemas are private properties, and the owner can decide on the rights of prohibition. It said the cinema hall owner is entitled to set terms and conditions on carrying outside food, which the owner deems fit, if they are not contrary to public interest or safety.
In 2018, the Jammu and Kashmir High Court directed owners of multiplexes/cinema halls of the state not to prohibit cinema goers from carrying their own food articles and water inside the theatre. The cinema hall owners moved the apex court against the High Court order. Senior advocate KV Viswanathan contended that since cinema halls were private properties, the admission rights could be reserved.
Counsel for the original petitioner submitted that the cinema ticket represents a contract between a movie goer and the movie hall, since the prohibition is not printed on the ticket, outside food could not be prohibited.
The apex court said the cinema hall has a right to reserve admission and the cinema owners have a right to sell their own food and beverages. It further questioned the J-K High Court’s statement on viewers bringing outside food into cinema halls. Advocate Viswanathan argued that there is no compulsion to buy food in the movie halls and that precincts of cinema halls are not public property.
The bench added that hygienic drinking water is available for everyone for free and food for infants is also allowed, but not every food item can be allowed inside the premises. The top court also observed the J-K High Court transgressed the limits on the exercise of its jurisdiction, and set aside the direction that allowed viewers to carry their own food and beverages into movie halls.