MUMBAI: The state government is likely to inform the Bombay high court that the
ban on outside food by theatres is not in line with law as the
Maharashtra Cinema (Regulation) Rules,1966 does not mention that such items are prohibited inside cinema halls, a senior home department official said.
The court is hearing a PIL by Jainendra Baxi, a filmmaker, seeking permission to allow outside food in cinema halls. In its latest hearing on July 26, the court gave the state two weeks to file its reply on the issue. Baxi’s lawyer Aditya Pratap argued that the PIL raises two issues. One was of an alleged violation of right to life of cinema goers due to restriction in bringing personal food items, particularly for senior citizens and those with medical issues. The second was an alleged violation of Rule 121 of Maharashtra Cinema (Regulation) Rules, which prohibits sale or hawking of food inside cinema halls.
A senior home department official told TOI: “There is no problem in the rules and there is no need to amend it.” Home officials said they would inform the court that if there is any prohibition or exemption to the law, they are listed in the rules to avoid confusion. “No such exemption or prohibition is listed for carrying outside food and so there is no reason why the cinema halls should ban outside food,” said a senior official involved in drafting the reply. He also said that they will be informing the court that
multiplexes also write on the ticket saying outside eatables are not allowed. “This too is not in line with the law,” said the official.
The Multiplexes Owners’ Association, through senior counsel Iqbal Chagla, had in June argued that filmgoers enter into a contract once they buy a ticket. It forms a part of contract barring them from carrying outside food, he said adding that the association too cannot intervene in prices fixed by the retailers selling food item inside the theatre.
Meanwhile, the legal metrology department has directed its staff to begin implementation of the Centre's law banning
dual pricing of packaged food, which means items cannot be charged differently at different locations. “We have begun implementation of the law from August 1. Dual pricing will not be allowed," said Mahesh Pathak, principal secretary, food and civil supplies department.
The directive is part of the changes in the Legal Metrology (Packaged Commodities) Rules, 2011, which came into effect from January 1, 2018. Officials said they will be starting awareness campaigns and citizens can now complaint to the organisation if they are charged exorbitantly.
Last month, junior minister for food and civil supplies, Ravindra Chavan had told the legislative council that the government is also looking to regulate pricing of loose products like popcorn, tea or coffee sold at cinema halls.
Representative image
