Introduction:
The Kerala High Court has issued strict directions to enforce food safety standards following the tragic death of a 16-year-old girl in 2022 after consuming contaminated Shawarma. The Court presided over by Justice Devan Ramachandran, was hearing a writ petition filed by the girl’s mother, who sought Rs. 1 crore in compensation and stricter adherence to the Food Safety and Standards Act, 2006. While saluting the mother’s courage in bringing a matter of significant public importance before the Court, the bench mandated immediate compliance with food safety laws, periodic inspections, and stringent action against violators, including license cancellations.
Arguments by the Petitioner:
The petitioner, grieving the loss of her daughter, urged the Court to ensure that such tragedies are prevented in the future. She highlighted the dire need for stringent supervision of food preparation and compliance with safety standards, particularly in eateries selling Shawarma. The mother also emphasized the delay in receiving compensation under Section 65 of the Food Safety and Standards Act, 2006, arguing that interim relief in cases of death is mandated within 30 days. She sought immediate directions to expedite the compensation process and enforce food safety laws to protect public health.
Arguments by the Respondents:
The respondents, including the State authorities and food safety regulators, acknowledged the incident but argued that mechanisms for monitoring food safety were in place. They contended that the tragic incident was an isolated case and that steps had already been taken to enhance compliance. However, the petitioner countered that the absence of strict enforcement had led to repeated violations, endangering public safety. The Court observed that more robust measures and proactive inspections were necessary to prevent such lapses in the future.
Court’s Judgment:
The Kerala High Court, while disposing of the petition, directed authorities to ensure strict compliance with the Food Safety and Standards Act, 2006. The Court highlighted the importance of periodic inspections and supervision of food businesses to ensure public health and safety. It reiterated that the licenses of eateries violating safety standards must be cancelled, and offenders should face immediate legal action.
Justice Devan Ramachandran also referred to an earlier interim order dated November 14, 2023, which required Shawarma sellers to display the date and time of food preparation on their packaging. Building on this directive, the Court ordered authorities to enforce this requirement stringently and to take immediate steps against non-compliance.
The Court expressed concern over the delay in compensating the petitioner, emphasizing that Section 65 of the Food Safety and Standards Act mandates interim relief in cases of death within 30 days and final compensation within six months. Observing that the tragic incident occurred on May 1, 2022, and that compensation was yet to be awarded, the Court authorized the Additional Sessions Court-1 in Kasargod to expedite the process. The Sessions Court was directed to consider granting compensation to the petitioner without delay, following due process under the Act.
The Court appreciated the petitioner’s courage and determination in pursuing the case, despite her poss, and commended her for espousing a cause of significant public importance. It ordered the State government to pay Rs. 25,000 as litigation expenses to the petitioner and saluted her efforts in bringing the issue to the forefront, potentially saving countless lives.
Justice Ramachandran closed the judgment by emphasizing that public health and safety are paramount, and strict enforcement of food safety laws is non-negotiable. He noted that the Court’s intervention was necessary to ensure accountability and prevent such incidents in the future.