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Introduction
In India, restaurants generally have the right to refuse service to individuals under specific circumstances, as long as they do not discriminate against individuals based on protected characteristics such as race, religion, caste, sex, gender identity, sexual orientation, disability, or nationality. However, the exact laws and regulations regarding refusal of service can vary depending on the state or union territory.
Federation of Hotel & Restaurant Associations of India (FHRAI)
Some common reasons why restaurants may refuse service
Disturbing other guests
If the restaurant thinks that the person may cause a nuisance to others present there, they can refuse to serve him. It would be completely legal for them to do so.
For example, A drunk person can be refused from entering the premises of a restaurant.
Intoxication
Restaurants may refuse service to individuals who are visibly intoxicated to prevent potential harm to themselves or others.
Not following rules
If the establishment thinks that you may not follow the rules laid out by them. They can refuse to serve you.
For example, a person wearing sandals in a high-end restaurant or a smoker in a non-smoking restaurant.
Security threat
If the restaurant feels that you may be a security threat to other people present in the restaurant, or may stir up trouble, they can refuse to serve you.
For example, A person who is carrying a gun or knife may cause trouble to other people.
Capacity Limits
Restaurants may refuse service if they are at full capacity or unable to accommodate additional patrons.
A restaurant cannot refuse to serve anyone. It is explicitly illegal for them to refuse service to anyone because they belong to a particular caste, religion, race, or gender.
It’s important to note that while restaurants generally have the right to refuse service under certain circumstances, they must do so in a nondiscriminatory manner and compliance with applicable laws and regulations. Discrimination based on protected characteristics is illegal in India and can result in legal consequences for the restaurant.
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