Kerala High Court Orders Strict Compliance Of Food Safety Standards For Eateries Selling Shawarma, Cancellation Of License For Violations

The Court passed the order while disposing of a writ petition moved by the mother of a 16-year-old girl who lost her life in 2022, upon consuming 'Shawarma'. The mother sought a compensation of Rs. 1 Crore for her daughter's untimely death, and to ensure strict compliance of the 2006 Act.

Justice Devan Ramachandran directed the authorities to ensure strict compliance of its interim order dated November 14, 2023. The interim order was issued directing all eateries selling Shawarma to exhibit the date and time of preparation of food articles on its packaging. The Court further issued the following directions today:

“The respondents are also hereby ordered to ensure that the provisions of the Food Safety and Standards Act, 2006 are strictly implemented and adhered to that all necessary and periodical supervisions on the food businesses are ensured and to further to make sure that any violator is subjected to the fullest warrant of law under law. I further order that if through any inspection or information is received or it is established that any vendor/hotel/restaurant is selling Shawarma in violation of orders of this Court, immediate and strict action will be taken to cancel his license and to subject such persons or entities to processes of law without any avoidable delay.”

The Court noted that the Trial in this matter is pending before Additional Sessions Court-1 in Kasargod. It observed that the death of the petitioner's daughter occurred in May 1, 2022 and that no compensation is awarded until now since the present petition is pending before the High Court. The Court highlighted that under Section 65 of the Act, compensation must be disbursed as soon as possible, and no later than six months from the date of the incident. It further pointed out that as per the provision, in cases of death, interim relief is required to be paid within thirty days.

Therefore, the Court ordered the Sessions Court to order compensation to the petitioner and stated thus, “I authorize the learned Additional Sessions Court-1 in Kasargod before which the criminal trial in this case is pending, to forthwith considering granting compensation to the petitioner in accordance with Section 65 of Food Safety and Standards Act, 2006 following due process but without any delay”

The Court further appreciated and saluted the courage shown by the mother who came before the Court with this writ petition, espousing a public cause of greater relevance. The Court further ordered the State government to pay rupees 25,000 as litigation expenses to the mother.

“I close this judgment by commending the petitioner for having taken the trouble for espousing the cause which is so important to the public at large and salute her for having done leading to saving several lives as a consequence thereof," the court said. 

Case Title: Prasanna E.V. v. State of Kerala & Ors.

Case Number: W.P. (C) No. 19941 of 2023

Citation: 2024 LiveLaw (Ker) 757