The Kerala High Court orders strict enforcement of the Food Safety Act at shawarma restaurants

The petitioner has also pointed out that no compensation has been provided to her, despite a legal obligation under Article 65 of the Food Safety Act.

In response, the Additional Director General of Public Prosecutions submitted that the trial in the case was still pending in a sessions court.

However, the Court noted that the delay in providing compensation to the petitioner was unjustifiable as Article 65 mandates payment of compensation within six months of the death or injury of a consumer. The Court also noted that in cases where a consumer dies, provisional measures must be taken within 30 days under this provision.

The Court declined to award damages directly because there was insufficient evidence to link the incident solely to regulatory enforcement failures. However, it directed the Kasaragod Additional Sessions Court to hear the claim for compensation within two months.

The Court also commended the petitioner for pursuing the matter as a matter of public interest.

“I conclude this judgment by commending the petitioner for having taken the trouble to support the cause which is so important to the general public, and I salute her for doing so, which has led to the saving of several lives as a result.” said the Court.