'No more shawarma deaths': Kerala HC mandates strict food safety measures, compensation for victims

Kochi: The Kerala High Court on Wednesday directed authorities to conduct regular inspections of hotels, vendors, and restaurants selling shawarma to ensure strict compliance with the Food Safety and Standards Act, 2006. The court further ordered that the licenses of eateries selling shawarma without adhering to safety regulations must be revoked, and severe action should be taken against them.

The order was issued while disposing of a writ petition filed by the mother of a 16-year-old girl who tragically died in 2022 after consuming shawarma. The mother sought compensation of Rs 1 crore for her daughter's untimely death and called for strict enforcement of the 2006 Act.

Justice Devan Ramachandran instructed the authorities to ensure compliance with the court's interim order from November 14, 2023, which mandated that all eateries selling shawarma display the date and time of food preparation on their packaging.

The court issued additional directives today, which included: “The respondents are ordered to ensure that the provisions of the Food Safety and Standards Act, 2006 are strictly followed. All necessary and periodic inspections of food businesses must be conducted, and any violators should face the full extent of the law. If any vendor, hotel, or restaurant is found selling shawarma in violation of the court's orders, immediate and strict action will be taken to cancel their licence, and the responsible parties will be subjected to legal proceedings without unnecessary delay."

The court noted that the trial in this case is ongoing in the Additional Sessions Court-1 in Kasaragod. The petitioner’s daughter died on May 1, 2022, and the court observed that no compensation had been provided so far due to the pending petition. The Court emphasised that under Section 65 of the Food Safety and Standards Act, compensation must be provided within six months of the incident, and interim relief must be granted within thirty days in cases of death.

As a result, the court directed the Sessions Court to grant compensation to the petitioner and authorised the learned Additional Sessions Court-1 in Kasaragod to expedite the process in accordance with Section 65 of the Act, ensuring there are no delays, Live Law reported.

The court also praised the courage of the mother for pursuing the case, recognising her efforts as significant for the public good. The court ordered the state government to pay Rs 25,000 as litigation expenses to the petitioner. In closing, the court commended the petitioner for her dedication to a matter of public importance, stating, “I salute her for her efforts, which have undoubtedly contributed to saving lives in the future.”