NEED FOR SPECIAL COURTS IN FOOD SAFETY ADJUDICATION: A STUDY OF LEGAL FRAMEWORK IN CONTEXT OF PUNJAB

Abstract

Introduction and Background: Food safety has emerged as a critical public health concern in Pakistan, directly impacting the fundamental right to life guaranteed under Article 9 of the Constitution of the Islamic Republic of Pakistan, 1973. Punjab province inhabitants, faces unprecedented challenges in ensuring safe food supply chains and effective regulatory enforcement despite the comprehensive Punjab Food Authority Act, 2011. The existing adjudicatory mechanisms, primarily relying on ordinary criminal courts, lack the specialized knowledge required to address the technical and scientific complexities inherent in food safety cases involving microbiological contamination, chemical adulteration and substandard food products.

Materials and Methods: This study employed doctrinal legal research methodology, analyzing constitutional provisions (Articles 9, 25, and 38), the Punjab Food Authority Act 2011, Punjab Pure Food Regulations 2018, and related statutory frameworks through textual and purposive interpretation.

Problem Statement: The existing framework, characterized by ordinary criminal courts lacking specialized expertise in food science and toxicology, fragmented jurisdiction across multiple forums, prolonged trial durations averaging 3-5 years, and alarmingly low conviction rates has rendered enforcement largely ineffective. While the Punjab Food Authority demonstrates commendable detection vigor, the absence of dedicated special courts equipped with technical assessors and streamlined procedures results in delayed justice, emboldened violators who exploit procedural complexities, victims denied timely compensation, and profound erosion of consumer confidence in the food supply chain.

Results: The research findings reveal that Punjab's food safety adjudication suffers from absence of judges with specialized training in food science, toxicology, or microbiology, rendering them dependent entirely upon expert witnesses and unable to independently evaluate complex technical evidence regarding contamination levels, adulteration techniques and laboratory testing methodologies.

Conclusion and Recommendations: The establishment of specialized food safety courts with dedicated judges trained in scientific evidence evaluation and food safety law is essential to address systemic adjudicatory failures undermining public health protection in Punjab.