Can you take food to movie halls and multiplexes? What Supreme Court says
The Supreme Court has said 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.
A Supreme Court bench of Chief Justice DY Chandrachud and Justice PS Narasimha on Tuesday (January 3) scrapped a Jammu and Kashmir High Court order which removed the ban on food from outside theatres.
“Viewers visit a cinema hall for the purpose of entertainment. We are clearly of the view that the high court transgressed the limits in the exercise of its jurisdiction under Article 226 of the Constitution by ordering and directing the state to ensure that there should be no prohibition on a moviegoer bringing eatables and beverages from outside within the precinct of a cinema hall,” the bench ruled.
The hearing took a humourous turn when the judges asked, “Should we start bringing jalebis to the movies?”
“The cinema hall is not a gym where you need healthy food. It is a place of entertainment. A cinema hall is a private property. It is for the owner to decide, subject to statutory rules. Saying that arms are not allowed or that no discrimination on the basis of caste or gender can be there, is fine. But how can the High Court say that they can bring any food inside cinema halls?”
Noting that the Jammu and Kashmir High Court had overstepped its brief, the judges said that cinemas had been instructed to provide free food and water, especially to children. “It is the viewer’s right and discretion what theatre he picks to watch a film, so the management also has the right to make rules,” the Supreme Court bench observed.
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 amount of food being carried for the child to serve the nutritional requirements. It observed that whether or not to purchase, food or beverages after given admission to the cinema hall is entirely the choice of a movie goer.
Hilarious explanation
The judges’ explanation left everyone in the courtroom in splits.
“Suppose someone starts getting jalebis inside the movie hall, then the 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,” argued Chief Justice Chandrachud.
“For water, we can make a concession that free water be provided at movie theatres. But suppose they sell nimbu paani for ₹ 20, you can’t say I’ll go buy my nimbu from outside and squeeze it in a flask and make it inside the theatre.”
