A cinema hall is a private property and its owner can restrict movie-goers from bringing food or beverages inside, the Supreme Court ruled on Thursday.
“What goes in is for the owner of the property to decide, subject to statutory rules. So, saying that arms are not allowed, or that no discrimination on the basis of caste or gender can be there is fine,” a bench of Chief Justice D Y Chandrachud and P S Narasimha said.
The top court said that cinema hall owners can put terms and conditions for entry, but they should not be contrary to public interest, safety and welfare. It also added that owners have to provide hygienic drinking water without any charge and allow reasonable food for infants.
The bench set aside the Jammu and Kashmir High Court’s decision, which directed owners of multiplexes/cinema halls not to prohibit cinema-goers from carrying their own food and water inside the theatre.
“How can the High Court say that they can bring any food inside cinema halls? Suppose someone starts getting jalebis. Owner would not want anyone wiping their hands on the seats. It is his right. He may not want tandoori chicken to be brought in. No one is forcing them to buy popcorn. But the owner has a right,” the bench said.
Senior advocate K V Vishwanathan, appearing for the owners, said that since cinema halls were private properties, they could reserve admission rights.
Further, the Jammu and Kashmir Cinema (Regulations) Rules, 1975, do not provide that a movie-goer should be allowed to bring eatables inside theatres, he said.
Vishwanathan also said that there was no compulsion on anyone to visit cinema theatres or purchase food. All cinema halls had provisions to make available hygienic water for movie-goers and that guardians were allowed to bring in food for infants, he pointed out.
The counsel for the original petitioner opposed this, contending that the cinema ticket represented a contract between a movie-goer and the theatre. In the absence of anything printed on the ticket, outside food could not be prohibited, he argued.