The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar noted that the Joint Director of the Local Self-Government Department (LSGD), Kottayam had constituted 8 squads to undertake systematic inspections to prevent the use of the banned items.

“We expect that the squads will discharge their assigned responsibilities effectively and ensure that the inspections result in tangible improvements on the ground…Periodic reports regarding the inspections conducted, violations detected and corrective measures initiated shall be maintained and submitted before this Court,” the Court said.

The Court was considering a suo motu petition on steps taken for adequate facilities for Sabarimala pilgrims during the upcoming season.

Last year, while considering another suo motu petition, the Court had prohibited the sale of chemical Kumkum and plastic shampoo sachets in Sabarimala and the edathavalam (resting place) at Erumeli in Kottayam, after noting environmental degradation. It had also ordered an investigation into the distribution network and lab certification of chemical Kumkum and issued directions to inspect retail shops which sold chemical kumkum.

Yesterday, the Court orally reiterated the concern and directed the State Pollution Control Board to play an active role to prevent pollution.

The Bench also perused a report submitted by the Drugs Inspector, Kottayam outlining the various measures taken to combat the manufacture, sale and distribution of Kumkum, non-compliant with the standards provided under the Cosmetics Rules, 2020. It noted that the Drug Control Department has initiated awareness measures among street vendors, licensed establishments and cosmetic suppliers in and near Erumeli Grama Panchayat through posters on labelling requirements and quality standards.

The Court then remarked that in addition to awareness measures, effective inspections and prompt enforcement action are necessary when violations are detected. It directed:

“We direct the Secretary of the Erumeli Grama Panchayat and the Pollution Control Board, which also has an important role in addressing the issues raised in these proceedings, to closely monitor the situation and coordinate with the other Departments concerned. They shall provide the necessary inputs and assistance to the enforcement authorities so that violations are promptly identified, and appropriate remedial measures are taken. The objective must be to ensure that the restrictions imposed are effectively implemented and that the use of prohibited materials does not continue unchecked.”

The Drugs Control Department submitted that it is facing difficulties in initiating prosecution as per the Drugs and Cosmetics Act and, that it would be practical for the Drugs Inspector to seize prohibited items and entrust the same to the Panchayat for initiating action and for disposal for the same. However, the Panchayat submitted that prosecution as per the Drugs and Cosmetic Act would be the only effective deterrent.

Considering the same, the Court directed the Special Government Pleader to ensure that the senior officers of the Drugs Control Department is present before this Court in order to examine the logistical and infrastructural difficulties faced and to suggest appropriate remedial measures.

The case is posted to November 19 (Thursday) for further consideration.