Cinema Halls Must Provide Free Drinking Water If Water Bottles From Outside Are Prohibited For Security Reasons: Madras HC

The Madras High Court has recently observed that cinema halls must necessarily provide free, potable and pure drinking water through water coolers if people are prohibited from carrying water bottles into cinema halls for security reasons.

Justice SM Subramaniam observed,

"A Cinema Hall, which seeks to prohibit carrying of drinking water inside the Cinema Hall for security reasons, must necessarily provide free potable and pure drinking water through water coolers installed inside the Cinema Halls, before such a prohibition can be enforced ... Mere availability of the drinking water would not be sufficient to enforce prohibition of carrying drinking water inside the Cinema Halls. Purified drinking water with prescribed standards must be provided, so as to satisfy the requirements ... it is to be ensured that drinking water facilities are provided all the times to the cinema goers in the Hall"

The Court however acknowledged that there are legitimate security risks to allowing water bottles inside cinema halls. 'Undesirable elements' may carry alcohol or even water mixed with acid, it was noted. It was also opined that there have been instances wherein 'bottle bomb devices' have exploded in theatres.

However, in case water from outside is barred, arrangements must be made to provide free and safe drinking water inside the cinema halls, the Court directed.

"Appropriate water purifiers such as Aqua-guards or similar installations, need to be installed with the water coolers, so that the water available for the cinema goers free from the impurities. Disposable glasses in sufficient quantity need to be kept available near the water coolers. It has also to be ensured that the water supply is actually available through the water coolers before the movie starts as well as throughout the screening of the movie including interval", the Court further opined.

The Court further directed that if for any reason water supply is not available on a particular day, alternative arrangements for supply of free pure and potable drinking water for the cinema goers needs to be made available by the owners of the cinema hall.

The water purifiers have to remain fully functional and regularly serviced from time to time, it was stated. If this is not done, the owner of the cinema hall would be liable to pay compensation for the deficiency in rendering services to cinema goers, it was further noted.

Concerned authorities were also directed to carry out periodic inspections to ensure that drinking water facilities, toilets etc. at movie theatres in Tamil Nadu are being properly maintained.

"The department officials are duty bound to conduct periodical and surprise inspections in all the Cinema theatres across the State of Tamil Nadu," the Court stated.

In the instant case, a petition had been moved in 2016 by one G Devarajan, who had objected to being charged a price higher than the Maximum Retail Price (MRP) in the outside market for water and juice at a food stall in S2 cinemas, Tamil Nadu.

The Court was apprised that prior to 2017, dual MRP fixation was permitted. However, after the enactment of the Legal Metrology (Packaged Commodities) (Amendment) Rules, 2017 in January 2018, no such sale at dual prices is allowed anymore.

However, the Court took cognisance of the petitioner's grievance that no action had been taken on his complaint and issues such as the absence of water facilities in theatres were also raised. The petitioner had contended that cinema-goers are forced to purchase water bottles and other packed food, at exorbitant prices.

Addressing the argument that the incident in reference dates back to 2016, the Court opined,

"For such purchase of drinking water bottles, snacks etc., on the higher price, illegalities, if any, committed cannot be condoned merely on the ground of delay."

Directions issued: 

The Court proceeded to issue the following directions, 

• The petitioner was directed to submit his complaint to the Joint Commissioner, Department of Legal Metrology, within two weeks from the date of receipt of a copy of the order. The authority was directed to conduct an appropriate enquiry and pass orders within three months.

• The authorities should conduct inspections to ensure that purified drinking water facilities are adequately provided in cinema theatres within two months from the date of receiving a copy of the order. The authorities are also to ensure that clean and hygiene restrooms or toilets are provided adequately. It is to be verified that the other statutory requirements are complied with.

• The Joint Commissioner, Department of Legal Metrology was directed to ensure that complaints submitted by the public are enquired into immediately and appropriate action is taken.

Case Title: G Devarajan v. The Secretary, Government of Tamil Nadu and ors

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