KOCHI: The Kerala High Court on Wednesday directed the state government to conduct regular inspections and supervision of all eateries, including hotels, vendors, and restaurants selling shawarma. The court emphasized that if any violations of its directives are found during inspections, immediate and strict action must be taken, including license cancellation and legal proceedings.
The High Court further directed the state government to pay Rs 25,000 as litigation costs to the mother of a deceased victim.
Justice Devan Ramachandran issued the order while disposing of a petition filed by Prasanna E.V. of Kasaragod. The petitioner sought strict enforcement of the Food Safety and Standards Act, 2006, after her daughter died in 2022 from consuming shawarma from an eatery in Cheruvathur, Kasaragod. She had also requested Rs 1 crore in compensation for the incident.
The court instructed the Additional Sessions Court in Kasaragod to urgently consider awarding compensation to the victim's parents under Section 65 of the Food Safety and Standards Act, 2006. This process must be completed within two months, as per the directive.
The petitioner highlighted that compensation under the Act had not yet been provided by the government. The state responded that the trial in the case was still pending in a subordinate court. However, the High Court observed that Section 65 mandates compensation to victims or their legal heirs within six months of the incident. Since the death occurred in 2022, the statutory timeline had been violated.
The court commended the petitioner for pursuing the case as a matter of public interest, noting her intent to use any compensation for public welfare rather than personal monetary gain. However, the court declined to directly grant compensation, citing insufficient evidence to conclusively attribute the incident solely to lapses in regulatory enforcement.
The court also directed the government to strictly enforce its November 14, 2023, order requiring all eateries to display the date and time of food preparation on packaging, including for counter service and takeaways. Authorities were instructed to raise public awareness about the importance of adhering to these timelines for safe consumption. Regular oversight of this directive is to be carried out by the Food Safety Commissioner and the concerned authorities.
The High Court's ruling underscores the urgent need for strict compliance with food safety regulations to prevent similar incidents and ensure public health safety.