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Amit Anand Choudhary (THE TIMES OF INDIA; January 4, 2023)

New Delhi: The Supreme Court on Tuesday held that theatre owners can bar movie-goers from bringing food and beverages from outside, saying as it’s their private properties they are entitled to take commercial decisions and impose terms and conditions to regulate entry which are not contrary to public interest, safety and welfare, reports Amit Anand Choudhary.

“The cinema hall is not a gym where you need healthy food. It is a place of entertainment. A cinema hall is private property. It is for the owner to decide subject to statutory rules,” said a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha. It, however, said theatre owners have to provide hygienic and safe drinking water free and parents would be allowed to take nutritious food for their infants.
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New Delhi: The SC on Tuesday set aside a 2018 J&K high court order that people be allowed to bring their own food and drinks inside the theatre. It said moviegoers are not forced to purchase eatables and drinks from inside the hall and it was up to them to do so. The issue has been pending in various HCs, including Delhi and Bombay, and the SC order settled the issue once and for all and would be applicable to other states also.

The top court said that owners are entitled to keep the theaters clean and to prevent littering by prohibiting eatables from outside and the viewer had to abide by the rules fixed by management after entering inside the theatre.

“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 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. 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. No one is forcing them to buy popcorn. But the owner has a right,” the bench observed.

Finding fault with the HC order, the bench said that the HC exceeded its jurisdiction by passing the order on a PIL which adversely affected the rights of theatre owners. “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 from bringing eatables and beverages from outside within the precinct of a cinema hall,” the bench said.

The Court was hearing a batch of appeals filed by theatre owners challenging a 2018 verdict of the HC. Senior Advocate K V Viswanathan, appearing for theatre owners of J&K, submitted that cinema halls are not a public property and admission to such halls was reserved by cinema hall owners and HC erred in passing the order which affected business of theatre owners.
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Cinemas must provide free drinking water & allow home food for infants, the apex court says'
BOMBAY TIMES (January 5, 2023)

Water, yes. Food for infants, yes. But eatables from home? Not at all. The Supreme Court on Tuesday passed an order that cinema owners are within their rights to stop patrons from bringing outside food into theatres. The apex court was hearing a batch of appeals filed by cinema hall owners and the Multiplex Association of India challenging a 2018 verdict of the Jammu and Kashmir High Court, which had removed the ban on people carrying their own food and water in theatres.

Chief Justice of India D Y Chandrachud and Justice P S Narasimha made it clear that since cinemas were private property, the owners could set terms and conditions for entry. Hall owners have welcomed the decision, and have vowed to provide free drinking water and permit home food for infants, as per the court’s directive.

CJI: NO ONE IS FORCING YOU TO BUY POPCORN
“Suppose someone starts getting jalebis inside the cinema hall… 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. No one is forcing them to buy popcorn.”

“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.”

“We reiterate that cinemas (must) provide hygienic drinking water without any charge.”

“When an infant accompanies a parent, cinema owners shall not object to reasonable food carried for the infant.”

WE ARE RELIEVED AND PLEASED: THEATRE OWNERS
The entire cinema exhibition sector is relieved and very pleased with the Supreme Court decision. It validates what MAI’s (Multiplex Association of India) stand has been all along in this matter. We have to maintain the property, and allowing people to bring in food can lead to damage to the property. We don’t sell food with gravy, only finger food. The practice of not permitting outside food has been validated by the state governments for reasons, including security and hygiene issues.

– Kamal Gianchandani, President, Multiplex Association of India

HOW THE MATTER REACHED THE SUPREME COURT
The original petitioners were two practising lawyers who complained that nutritious food is not served inside the theatres in Jammu and Kashmir. They further argued that moviegoers were forced to purchase food inside the theatre at exorbitant rates.

The Jammu and Kashmir High Court passed an order in July 2018, permitting moviegoers to bring outside food inside cinemas This order had been challenged in various high courts, including Delhi and Mumbai, and the SC order now puts the matter to rest

- With inputs from Onkar Kulkarni and Yvonne Jacob

‘IT’S NOT A COMPULSION FOR MOVIEGOERS TO BUY FOOD FROM US; IT’S A CHOICE’
As a business owner, it’s a fundamental right to be able to sell food or beverages on my property. It is not a compulsion for moviegoers to buy food from us; it’s a choice. Outside food items are not allowed on private properties and it’s the same with multiplexes. We are not a social club or a government entity; we are a business. Why shouldn’t we be allowed to make our revenue? From a safety standpoint, one can bring in alcohol or explosives in the name of beverages or food. So, there are many reasons why we support this rule.

— Gaurav Chaphalkar, partner, City Pride Multiplexes

‘PEOPLE ARGUE AT THE MAIN GATE OVER BRINGING IN HOME COOKED FOOD’
During the pandemic, we had stopped people from bringing in outside food. But arguments would break out, and we decided to call off the ban. People argue at the main gate that they only eat home-cooked food. Since we allow it, a lot of time and energy goes into cleaning the theatre at night, as people leave half-eaten food inside. With the SC order, we will figure out new guidelines.

– Manoj Desai, Executive Director, G7 Multiplex and Maratha Mandir Cinema

Don’t mind paying if the food is good: Moviegoers

SHIVANI SURVE, actress: It is true that the F&B prices at multiplexes are high and a family may have to shell out a huge amount. Having said that, we should understand that it’s a business and, ultimately, it’s the multiplex owners’ prerogative whether or not they want to allow outside food in the theatres.

SHASHI ATULL, an interior design student: I wouldn’t mind spending on food and beverage as long as I feel I’ve got my money’s worth. On many occasions, I’ve got stale popcorn or flat soda. Add quality food and drinks to the overall entertainment experience, and I don’t think there would be a reason to complain.

PRIYA NAIR, a marketing professional: I have seen people creating a mess while consuming food in theatres. If people are allowed to bring outside food, I can only imagine how challenging it would be to maintain hygiene standards.