Prohibition of carrying outside food items and the forced purchase of junk food inside cinema halls violated the right to choice of food, including the right not to eat junk food and the right to good health, guaranteed under Article 21 of the Constitution of India.

Tashi Rabstan, J.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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 licen