Cinema Theatres Can Prohibit Viewers From Bringing Food Articles From Outside : Supreme Court

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha stated that a cinema hall owner could prohibit movie-goers from carrying their own food and beverages inside cinema halls.  

The Court observed that such a prohibition is "not unfair, unreasonable or unconscionable".

"The condition of entry is imposed as a direct result of the exercise of the right of cinema owners to carry on a business or trade under Article 19(1)(g) of the Constitution. The commercial logic of prohibiting movie goers from carrying their own food to the cinema hall is to stimulate and boost a vital aspect of the business – the sale of food and beverages. If business owners are not permitted to determine the various facets of their business (in accordance with law), economic activity would come to a grinding halt. While movie goers may have no choice but to sign on the proverbial dotted line (and thereby not carry any food of their own into the theatre) in order to enter the cinema hall and watch a movie of their choice, this does not by itself render the condition of entry unfair, unreasonable or unconscionable", the Court observed.

"Whether or not to watch a movie is entirely within the choice of viewers. If viewers seek to enter a cinema hall, they must abide by the terms and conditions subject to which entry is granted. Having reserved the right of admission, it is open to theatre owners to determine whether food from outside the precincts of the cinema hall should be permitted to be carried inside", the Court added.

The Court also recorded the assurance given by the theatre owners that hygienic drinking water will be provided free to the viewers.  Also,when an infant or young child accompanies a parent, as a matter of practice, the cinema hall owners have no objection to a reasonable amount of food or beverages being carried inside the cinemahall to serve the nutritional requirements of the infant or child. 

"As for movie goers with chronic diseases who may have received dietary instructions from their doctors or who may otherwise be under dietary restrictions due to their medical condition, we request cinema hall owners to consider requests from such movie goers on a case-by-case basis", the Court added. 

The issue arose when 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 apex court was approached against this impugned judgement of the Jammu and Kashmir High Court.

Senior Advocate KV Vishwanathan with Abhinav Shrivastava AoR, appearing for appellants submitted that since cinema halls were a private properties, they could reserves admission rights. He added that such prohibitions ensured security and could be seen in airports amongst other places as well. He also added that the Jammu and Kashmir Cinema (Regulations) Rules 1975 did not provide that a movie goer should be allowed to bring eatables inside theatres. While submitting that there was no compulsion on anyone to visit cinema theatres or purchase food, he clarified that all cinema halls had provisions to make available hygienic water for movie goers and that the guardians were allowed to bring in food for infants for the duration of their visit. 

Per contra, the counsel for the original petitioner submitted that the cinema ticket represent a contract between a movie goer and the theatre and in absence of prohibition printed on the ticket, outside food could not be prohibited. 

The bench was not convinced with the original petitioner. Justice PS Narasimha noted–

"The basic premise is that cinema has a right to reserve admission. The cinema owners have a right to sell their own food and beverages."

CJI DY Chandrachud added–

"A cinema hall is a private property. What goes in is for the owner of the property to decide subject to statutory rules. So saying that arms are not allowed or no discrimination on 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. Suppose someone starts getting jalebis. Owner would not want anyone wiping their hands on the seats. It's his right. He may not want tandoori chicken to be bought in. Noone is forcing them to buy popcorn. But the owner has a right. For water we can make a concession that free water be provided at movie theatres but at the same time you can't say that suppose they sell nimbu paani for Rs 20/-, you can't say I'll go buy my nimbu from outside and squeeze it in a flask and make it inside theatre."

Accordingly, the court noted that the fundamental aspect which needed to be considered was that trade and business of conducting cinema business was subject to regulations by State. The Regulations in question were the 1975 Rules. The bench found that the Rules contained no mandate compelling the owner to allow movie goer to get food in cinema. 

CASE TITLE: K.C. CINEMA (CORRET NAME K.C. THEATRE) v. THE STATE OF JAMMU AND KASHMIR AND ORS and connected matters. | SLP(C) No. 20784/2018

Click Here To Read Order

Citation : 2023 LiveLaw (SC) 38

Headnotes

Summary - Supreme Court upholds the right of cinema theatres and mutliplexes to prohibit the taking of food and beverages from outside.

Right of cinema theatres to prohibit outside food- The condition of entry is imposed as a direct result of the exercise of the right of cinema owners to carry on a business or trade under Article 19(1)(g) of the Constitution. The commercial logic of prohibiting movie goers from carrying their own food to the cinema hall is to stimulate and boost a vital aspect of the business – the sale of food and beverages. If business owners are not permitted to determine the various facets of their business (in accordance with law), economic activity would come to a grinding halt. While movie goers may have no choice but to sign on the proverbial dotted line (and thereby not carry any food of their own into the theatre) in order to enter the cinema hall and watch a movie of their choice, this does not by itself render the condition of entry unfair, unreasonable or unconscionable-Para 31

Restriction on bringing food and beverages in theatres from outside is not unfair, unreasonable or unconscionable- Para 30-Whether or not to watch a movie is entirely within the choice of viewers. If viewers seek to enter a cinema hall, they must abide by the terms and conditions subject to which entry is granted. Having reserved the right of admission, it is open to theatre owners to determine whether food from outside the precincts of the cinema hall should be permitted to be carried inside - Para 27