Cinema halls are private property, can disallow foods from outside, says Supreme Court

The Supreme Court on January 3 said that cinema hall management could prohibit outside food and drinks inside the movie theatre. However, the court further added that all cinema halls must provide hygienic drinking water for free.

A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha underlined that a cinema hall is the private property of the owner of such hall 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 movie goer. Viewers visit hall for entertainment," the Court said.

If a viewer enters a movie hall, he/ she has to adhere to the rules of the cinema hall owner and it is evidently a matter of commercial decision of theatre owner, the Court added.

The Court, therefore, set aside a direction of the Jammu and Kashmir High Court which had 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 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 Court 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 and Kashmir did not prohibit movie goers from carrying their own food or water bottle inside the hall.

Senior Advocate KV Viswanathan submitted that precincts of cinema halls is not a public property and admission to such halls is reserved by cinema hall owner. He further submitted that there is no compulsion to buy the food.
As regards water that all halls ensure that hygienic water is made available, he added.