Sabarimala Temple: Kerala High Court Orders Probe Into Distribution Network And Lab Certification Of Chemical Kumkum

The Division Bench comprising Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar issued the directives while considering a suo motu matter based on the Sabarimala Special Commissioner's report.

The Bench reiterated concerns first raised in its November 7 order regarding the use of chemically manufactured Kumkum during Pettathullal and other Sabarimala rituals. Unlike traditional powders derived from turmeric, sandalwood, marigold, hibiscus, and indigo, the synthetic variants in circulation were found to contain harmful substances such as copper sulphate, malachite green, lead oxide, vermilion, azo dyes, and cobalt compounds.

These materials, the Court noted, are carcinogenic, non-biodegradable, and capable of causing severe dermatological, ophthalmic, and respiratory injuries, besides long-term systemic toxicity.

The Bench had earlier noted that the environmental impact as a result of the use of the synthetic Kumkum can be grave since the chemical residues washed off by lakhs of pilgrims can enter the Pamba, Manimala, and Valiyathodu river systems, contributing to aquatic toxicity and fish mortality.

It had then impleaded the enterprise distributing the Kumkum and the laboratory that issued certificate stating that the Kumkum was naturally sourced.

During the hearing, the laboratory clarified that it had tested only two unsealed tins of yellow and blue powder and had used effluent-testing parameters and not cosmetic safety protocols. The Court observed that such a report has no evidentiary value for determining the safety of a substance applied to the human body.

“Every parameter in the sample report is marked as “BLQ” (Below Limit of Quantification). Such a notation does not establish that the sample is safe for human application, nor does it demonstrate compliance with BIS standards. It equally does not certify that the product is free from harmful dyes or chemical agents. The report, therefore, has no evidentiary value for determining cosmetic safety or regulatory compliance.” Court noted

The Court reiterated that Kumkum falls squarely within the definition of “cosmetic” under the Drugs and Cosmetics Act, 1940, and is governed by Cosmetics Rules, 2020, Bureau of Indian Standards (BIS), Legal Metrology Act, 2009,and Legal Metrology (Packaged Commodities) Rules, 2011.

The Bench noted that the powders sold in Sabarimala lacked mandatory labelling, packaging, ingredient disclosure as required under Rule 34 of the Cosmetics rules and BIS compliance, amounting to statutory violations.

It observed that large quantities of Kumkum cannot be manufactured using traditional methods at the prices at which they are being sold presently.

The Court thus ordered the 33rd respondent Ideal Enterprises to produce a comprehensive set of records including the purchase invoices, bills , delivery challans, goods receipt for the relevant period. It has also directed to produce the details of suppliers along with the cosmetic manufacturing license and BIS certification. The sales registers, cash bills, customer details and all certificates of analysis, test reports, packaging samples and correspondence with manufacturers were also asked to be produced before the Court.

The Court recognised the regulatory overlap between the Central Drugs Standard Control Organisation (CDSCO), Kerala State Drugs and Food Control Administration and the Pollution Control Board in the matter and impleaded the authorities.

The Court directed the Environmental Engineer to conduct an inspection of the Pamba river, Valiyathodu, and the Manimala river, and place a detailed statement indicating the extent to which Kumkum is being used and extent of impact on water quality and the surrounding environment.

The Court has also directed the Inspector of Legal Metrology (Kothamangalam) and the Drugs Inspector (Zone 3, Kakkanad) to conduct a joint physical verification of the Kumkum stock in the distributor's godown on December 6 and file a report on December 8.

The matter has been posted for further proceedings on December 8.

Case Title: Suo Motu v Union Government and Ors.

Case No: SSCR 29/ 2025