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Judgment
Though the medium of this Public Interest Litigation, the petitioners are seeking a direction to the Divisional Commissioner, Jammu, respondent
No.1 herein, for ensuring proper implementation of Jammu & Kashmir Cinemas (Regulation) Rules, 1975 in its letter and spirit. They are further
seeking a direction to respondents 3 to 6 herein prohibiting them from restraining the movie goers from taking outside eatables with them inside the
Cinema Halls, required to be consumed during the time they see the feature film in the cinema halls.
It is averred in the petition by the petitioners, who are practicing lawyers, that in every Cinema Theatre the cinema owners have pasted notices in
the theatre premises itself, whereby they have prohibited the movie goers from taking outside the eatable items inside the cinema halls. It is averred
that at the entry point in every cinema hall, every cinema goer who purchases a ticket for seeking the movie, is asked to offer search of their
belongings by the security guards and, in case, there is found some eatable items with them, the same are removed, irrespective of the fact that the
eatable items which is found from the search may be some nutritious diet or some eatables required to be taken as per the consultation of doctors, as
they may have been prohibited from eating the junk food on health grounds. It is averred that the Cinema Hall owners have framed the rules of their
own and in their own manner just to mint money which is affecting the general public at large. It is further averred that it is highly unjustified on the
part of cinema hall owners that they are forcing the movie goers for purchasing only such food which is kept in the staffs erected within the cinema
premises, most of which is the junk food, they the cinema hall owners are not only minting money but also playing with the health of the people by
selling junk food at highly exorbitant rates, which is never checked by any authority concerned. Further, it is averred that petitioners made a
representation to respondent No.1 for proper implementation of Jammu & Kashmir Cinemas (Regulation) Rules, 1975, but all in vain. It is alleged that
respondents 1 & 2 are hand-in-glove with the private cinema hall owners, as such are not implementing these rules. Hence, the present petition.
Today when this matter was taken up for hearing, learned counsel appearing for respondents 3 to 6 stated at the Bar that cinema hall owners are
otherwise bound to comply with the provisions of Jammu & Kashmir Cinemas (Regulation) Rules, 1975 and no question arises to flout those
provisions. Learned Sr. AAG appearing for respondents 1 & 2 also stated at the Bar that respondents 1 & 2 will ensure strict compliance of Jammu
&Kashmir Cinemas (Regulation) Rules, 1975. Since mainly the petitioners are seeking strict compliance of Cinema Regulation Rules, therefore, with
the consensus of learned counsel appearing for the parties, this public interest litigation is taken up for final disposal.
The main grievance projected in this public interest litigation is that the cinema owners have prohibited the movie viewers from taking outside the
eatable items inside the cinema halls, rather such viewers are forced to take junk food/eatables from inside the cinema hall premises at very exorbitant
rates, thereby playing with the health of people, especially young generation as well as diabetic patients, and all this is being done in connivance with
the officers/officials of respondents 1 & 2 herein. It is also projected that the children between 5 years to 18 years are allowed to see the shows
commencing before 3 p.m., which is in violation of Rule 88(ix) of the Jammu & Kashmir Cinemas (Regulation) Rules, 1975.
Admittedly, the State Legislature has enacted the Jammu & Kashmir Cinemas (Regulation) Rules, 1975, purpose whereof is to regulate the cinema
trade or business in exhibiting the cinematograph in the theatre being run on the licence duly obtained from the licensing authority.
A perusal of these rules reveals that no where it has been provided that cinemagoers can be prohibited from carrying their own food articles and
water bottles to multiplexes or private vendors are allowed to sell food inside such multiplexes/cinema hall premises at highly exorbitant prices.
Therefore, in absence of any such provision, cinema goers cannot be forced or compelled by the multiplexes/cinema hall owners to purchase food and
water from theatre premises nor they can be prohibited from carrying food items into malls and multiplexes from outside. Even the viewers, who come
along with their infants/babies, also need milk to feed them because they cannot be kept empty stomach for about three long hours. The restrictions on
bringing outside food to theatres and compelling/forcing to purchase junk food, sold at the food stalls inside theatre premises, that too at exorbitant
rates, particularly affect young generation, senior citizens, diabetic patients and those who cannot eat for medical reasons. Such kind of acts on the
part of Multiplex/Cinema Hall owners are against the right to choice of food, including the right not to eat junk food and right to good health, which
comes under the purview of Article 21 of the Constitution of India guaranteeing protection of life and personal liberty of every citizen.
As regards security related issues, the multiplexes/cinema hall owners have installed metal detectors and even the security guards/staff employed
there though can frisk the people to a limited extent, but they cannot take away all the food items, especially when there is no legal or statutory
provision prohibiting people from carrying personal food articles into film theatres, that too when vendors are allowed to serve inside at exorbitant
prices.
Therefore, in view of above, we deem it proper to dispose of this public interest litigation with the following directions:
i. Multiplexes/Cinema Halls Owners of the State of J&K are directed not to prohibit cinema goers/viewers henceforth from carrying his/her own food
articles and water inside the theatre.
ii. The Government of J&K as well as Licensing Authority/every District Magistrate in the State is directed to ensure henceforth complete ban of
polythene bags in the Multiplexes/Cinema Halls. Further, Multiplex/Cinema Hall owners are also directed to erect sign boards at conspicuous places
requesting the cinema viewers not to litter waste food articles, bottles etc. in the multiplexes/Cinema Halls.
iii. The Government of J&K as well as Licensing Authority/every District Magistrate in the State is directed to ensure proper uniformity be maintained
with respect to the sale price of tickets in all the cinemas of the State in terms of Rule 87(i) & (ii) of the Jammu & Kashmir Cinemas (Regulation)
Rules, 1975.Â
iv. The Government of J&K as well as Licensing Authority/every District Magistrate in the State is directed to ensure proper compliance of Rule 88
(iv). They are also directed to ensure strict compliance of Rule 88(ix), which provides that no person between the age of 5 years to 18 years shall be
admitted to any show commencing before 3.00 PM except on Sunday or any notified holiday by the Government of J&K.
v. The Government as well as Every District Magistrate in the State is directed to see and ensure that these directions are complied with forthwith in
its true letter and spirit and in case of any breach of these directions on the part of any Multiplex/Cinema Halls owners, take stern action against them
and even revoke the license of such Multiplex/Cinema Hall owners. If, henceforth, any District Magistrate fails to comply with the aforesaid
directions, the State Government is directed to take appropriate action against such District Magistrate under rules.
vi. All District Magistrates of the State are directed to give wide publicity to this order in all the three regions of the State through print as well as
electronic media so that general masses of the State could be aware of the order.
Registrar Judicial is directed to supply a copy of this order to Chief Secretary of the State, Divisional Commissioners of Jammu/Srinagar as well as
every District Magistrate in the State.
Disposed of along with connected miscellaneous petition(s). Â