Kerala High Court Refuses To Relax Ban On Sale Of Chemical Kumkum At Sabarimala, Says Health & Ecology Over Commerce

The Kerala High Court on Wednesday (November 12) refused to modify its order banning the sale of chemical kumkum and shampoo sachets in Sabarimala.

The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar remarked that it is concerned about the devotees and ecology of Sabarimala, and not the commercial aspects of kuthaka holders (stall owners), who may be affected by the ban.

The bench was dealing with an impleading petition filed by certain kuthaka holders in Sabarimala/Erumeli.

They contended that availability of Kumkum during the season, which forms part of long years of tradition, is highly essential. In this backdrop, they had already paid advance to suppliers of kumkum and unless the ban is modified, it would incur great financial setback to them. They also contended that there is no scientific material to discern as to whether there is presence of chemicals in the Kumkum being supplied by the manufacturers and wholesale dealers.

Dismissing the impleading petition, the Court observed:

"Merely obtaining kuthaka for carrying out business in a stall does not enable the applicants who are seeking to be impleaded to sell chemically manufactured Kumkum. In our order, we have not prevented or put up any interdiction in the sale of Kumkum, which are sourced from natural sources. If the kuthaka holders want to sell Kumkum, it is for them to proclaim that the Kumkum which they have sourced from distributors or manufacturers are not chemically manufactured and that they have been derived from natural sources, which we have mentioned in the order. Under no circumstances can the applicants/persons who sought to be impleaded be permitted to vend or sell chemically manufactured kumkum in Sannidhanam area or at Erumeli."

It orally added, "We are more concerned about the ecology of Sabarimala, of the people, devotees...We are not concerned about your commercial aspects."

The Court further observed that it is the duty of the kuthaka holders to source organic and traditionally-sourced kumkum instead of selling the chemical and industrially-manufactured kumkum.

"When you source kumkum from a distributor, ask whether it is traditional kumkum or chemically-manufacturer kumkum. If you are not very certain, don't sell kumkum and if you sell it, your kuthaka will be cancelled...Just file an affidavit tomorrow before the authorities concerned that I am having kuthaka...whatever that is being sold from my kuthaka shop is naturally-sourced kumkum...," the Bench orally said.

In its earlier order, the Court had noted that there are severe, adverse environmental and health impacts related to the use of chemically manufactured kumkum, which is said to contain copper sulphate Green, Lead Oxide, Carbon Black, Aluminium Bromide, Red Mercury Sulphide (Vermilion), Azo dyes, Prussian Blue, and Cobalt compounds.

It had also mentioned that the use of such substances causes dermatological disorders, ophthalmic injuries, respiratory distress, systemic toxicity, and long-term carcinogenic effects. It had also observed that when washed off with soaps and detergents, these chemicals enter soil, rivers, and groundwater systems, resulting in aquatic toxicity and depletion of dissolved oxygen levels. Additionally, the endemic freshwater species in Kerala, which is concentrated in the Periyar area, is particularly sensitive to such contaminants.

It added to its order:

"The orders that were issued by this Court was passed in tune with the directions issued by an earlier Division Bench of this Court in George M.L. v. State. We had extracted the provisions of Article 51A of the Constitution and which makes it obligatory on every citizen to protect and improve the natural environment, including forest, lakes, rivers and wildlife."

Thus, the Court dismissed the impleading petition and refused to modify its order banning chemical kumkum.

Case No: SSCR 29/ 2025

Case Title: Suo Motu v. Union Government