Petitioner Lost Her 16 Years Child Because She Chose To Relish Dish She Enjoyed- 'Shawarma': Kerala HC Directs Eateries To Exhibit Date & Time Of Preparation Of Food Article On Packaging

The Kerala High Court recently in response to the demise of a 16-year-old, reportedly resulting from the consumption of expired 'shawarma' consumed well beyond its recommended safety duration, mandated the formulation of guidelines instructing eateries to prominently display the date and time of preparation on the packaging of food items.

Noting that the petitioner has lost her child of a mere 16 years, all because she chose to relish a dish which she enjoyed – ‘Shawarma’, the Single Judge Bench of Justice Devan Ramachandran directed, "Necessary instructions shall also be given to all the eateries to exhibit the date and time of the preparation of the food article on its packaging - whether it be issued across the counter or through parcels; and necessary steps will also be taken to create awareness in the minds of the citizens as to the absolute imperative of confining to such timelines, while consuming it."

The mother of the deceased 16-year-old approached the Kerala High Court, under Article 226 of the Constitution, seeking compensation under constitutional Tort Principles from the State, contending that the implicated food manufacturer was operating without a license and that there were no inspections conducted on them, for at least two years by the competent Authorities.

Seeking a response from the State on the aforementioned aspect, the Court additionally stated, "However, as matters now stand, the endeavour of this Court is to ensure that such incidents never happen in future."

The Court noted the submissions of the Food Safety Commissioner that there are ‘Shawarma Guidelines’ issued on September 29, 2022, along with an 'Order of Ban’ dated January 12, 2023. The Court was further apprised that enforcement drives and inspections are being conducted regularly, in which several eateries have been issued notices.

Considering the arguments presented, the Court highlighted a significant factor contributing to the incident that a major factor leading to the accident was the consumption of Shawarma by customers well beyond the recommended safe time frame. "The actions taken by the Food Safety Commissioner certainly are in the right direction and are a welcome beginning. However, the battle is far from being won, because, unless the eateries and consumers are made aware of the pitfalls of consuming ‘Shawarma’, except in the manner as governed by the applicable Regulations, Rules and Circulars, such accidents may continue to happen, as we have seen in the recent past", noted the Judge in its order.

The Court accordingly directed, "The competent Authorities of the Food Safety Commissionerate shall ensure that the ‘Shawarma Guidelines’ of the year 2022 and the ‘Order of Ban’ dated 12.01.2023, mentioned afore by Smt. Afsana Parveen, are incorporated into the Statutory Licences of all the eateries, so that they cannot henceforth take the stand that they were not aware of it."

Further emphasising, "to make sure that another mother will not have to approach this Court in the same manner as the petitioner is being constrained to", the Court directed that any violation of the directions issued above should visit the eatery/manufacturer with all necessary consequences under the applicable statutes, and details of the same shall be made available to this Court in due course.

The Court further ordered the matter to be listed for December 5, 2023, for the details of the prosecution and steps taken against the eatery in question.

Cause Title: Prasanna E.V v. State of Kerala & Ors. [WP(C) NO. 19941 OF 2023]

Click here to read/download the Order