Cinema halls can restrict outside food, fix own rates: Supreme Court

NEW DELHI:  Cinema halls have the right to set terms and conditions for sale of food and beverages, a Supreme Court bench on Tuesday ruled.

“The property of cinema hall is private property of the owner of the hall. The owner is entitled to set terms and conditions so long as such terms and conditions are not contrary to public interest, safety and welfare. The owner is entitled to set terms for sale of food and beverages. A moviegoer has the choice to not purchase the same,” a bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha said.

However, cinemas must provide free hygienic drinking water. Also, they cannot object to a reasonable amount of food carried by parents for infants, the bench said.

“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, etc., is fine. But how can HC say that they can bring any food inside cinema halls?” the CJI remarked. 

The court’s observations came while considering a plea against the J&K High Court’s order directing cinema halls/multiplex owners to not prohibit cinema goers from carrying their own food and water into the theatre. 

Pointing out that rights of admission is reserved, the SC added, “Suppose someone starts getting jalebis. The owner would not want anyone wiping their hands on the seats...He may not want the tandoori chicken to be bought in...If the ticket has a condition that there has to be no outside food, then that will bind you. Rights of admission are always reserved.”