The Bombay High Court on Wednesday asked the State government how allowing viewers to carry food from outside in multiplexes and cinema halls be a security concern.
The State government on Tuesday changed its stance on allowing outside food in cinema halls, saying it would amount to a security hazard. In July, the Minister of State for Food and Civil Supplies had said that from August 1, multiplexes that interfered with citizens’ right to carry their own food would be liable to face penal action.
A Division Bench of Justices Ranjit More and Anuja Prabhudessai was hearing a public interest litigation filed by Jainendra Baxi through Advocate Aditya Pratap on Wednesday. The PIL says the restriction on bringing food violates the Right to Life, and selling food in cinema halls is a breach of the Maharashtra Cinema (Regulation) Rules, 1966.
The affidavit filed on Tuesday by the Deputy Secretary of the Home Department said, “The State government has taken decision that there is no reason to change the provisions of Maharashtra Cinema (Regulations) Rules, 1966 [which] are self-explanatory. Although there is no specific provision in the rules to prohibit the viewers to take their own food items or water inside the cinema theatre. The licensing authority is competent under the rules to put terms and conditions and restrictions on establishment owners to ensure safety and security of viewers which are of vital importance.”
“As per the opinion of Director General of Police, carrying own food may create chaos and may lead to security issue. Safety and the security of the viewer's coming to watch the movie is the sole responsibility of the cinema theatre establishment. Hence it is incumbent on theatre establishment to make proper security arrangements.”
It went on to say, “Government has received various representations about the excessive rates charged by owners in cinema theatres. In order to mitigate these complaints and provide food and water at the acceptable rates,
Government will direct owners to ensure provision of safe and potable free drinking water, adhering to MRP for the packed foods and providing food at affordable rates.”
It is further submitted that there is no provision in the Maharashtra Police Act, 1951, whereby the competent authority can regulate the selling price of food items sold in cinema theatre. Therefore there is no necessity to modify or make any changes in the prevailing rules.
On Wednesday, senior counsel Iqbal Chagla, representing the Multiplexes Owners Association said, people cannot be allowed to carry outside off inside multiplexes as it can be a threat to security. However, the court said, people can carry their own food items inside the airport and aircraft, which are far more serious and sensitive than a cinema hall or multiplex.
The court said, “The State has said there is no specific legal provision behind such prohibition. So, what kind of security problems are you anticipating. And said that people are not prohibited from carrying home food to public places.”
Mr Chagla said one cannot cite flouting of a fundamental right to be able to carry food inside theatres. He said, “You never know what people might carry in the shape of food. Also, at the airport, there are stronger security arrangements than that at cinema theatres.”
He pointed out that drinking water is already being provided at multiplexes and food prices have been reduced by 20%.
The bench said, “We are only on the issue of security since that is the state's main argument. Explain to us what are the security problems that a person can cause by carrying food items from home into a multiplex. The food sold inside multiplexes is priced exorbitantly. Also, by prohibiting people from carrying food from home, you are compelling entire families to consume junk food.”
The court said the issue will have to be decided on merits and the substantive issues of law and directed the petitioner to file a rejoinderto the affidavit submitted by the State. The matter will be heard on September 3.
