“Should we start bringing Jalebis to theatres?” Supreme Court dismissed high court order on outside food
In favor of cinema hall owners, the Supreme Court on Tuesday (January 3) said that cinema halls are fully entitled to decide terms and conditions for the sale of food and drink inside the cinema hall and have the right to bar outside food items inside the premises.
A bench headed by Chief Justice of India DY Chandrachud said, “A moviegoer has the option of buying or not buying the food and beverages available inside the theatres.”
The apex court said during the hearing that the cinema hall is not a gym, where you need nutritious food. It is a place of entertainment. The cinema hall is the private property of the management. For unaware, the Jammu and Kashmir High Court, in its order, had permitted to take outside food and drink to the hall. Now the Supreme Court has canceled it and said that while pronouncing this order, the High Court has violated its jurisdiction.
It is fine to say that weapons are not allowed or that there can be no discrimination based on caste or gender. But how can the High Court say that they can bring any food inside the cinema hall?”
“Suppose someone starts getting jalebis inside the cinema hall, the management of the theater can stop them. If the audience wipes their sticky fingers on the seats, who will pay for the cleaning? People can even bring tandoori chicken. There will be complaints. Bones left in the hall. It may even disturb people. Nobody is forcing them to buy popcorn,” Chief Justice Chandrachud said.
“For water, we can make a concession that free water be provided at movie theatres. But suppose they sell Nimbu Paani for INR 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.”
The court was hearing a batch of appeals filed by theater owners and the Multiplex Association of India challenging the 2018 verdict of the Jammu and Kashmir High Court. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha heard the matter. The bench, however, reiterated that cinemas should not object to food carried by parents for their infants.
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