Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Kerala High Court: In a suo motu proceeding regarding widespread sale and storage of unlabelled and unregulated KumKum being sold to pilgrims at Erumeli and surrounding areas, a Division Bench of Raja Vijayaraghavan V.* and K.V. Jayakumar, JJ., noted serious violations of statutory norms governing the manufacture, labelling, sale, and distribution of cosmetics and issued mandatory directions.
The instant suo motu proceedings arose out of the report filed by the Sabarimala Special Commissioner concerning steps required to provide adequate facilities to pilgrims during the Mandalam–Makaravilakku season 2025–2026. During the monitoring of various issues, the Court noticed the widespread sale of unlabelled and unpackaged KumKum at Erumeli and surrounding areas, raising concerns regarding compliance with the Cosmetics Rules, 2020, and other statutory prescriptions.
Pursuant to earlier orders, additional parties, including Ideal Enterprises (respondent 33) and Kerala Enviro Infrastructure Ltd. (respondent 34), were impleaded to assist the Court. The respondent 33 appeared and filed a counter affidavit stating the respondent is primarily in the business of raincoats. On learning of a requirement for “organic KumKum”, he contacted KJK Traders, Mumbai, from whom he claims to have purchased approximately 3 tonnes of KumKum and handed over the material to a proprietor of Puthenpurackal Coir Mart, Erumeli.
The respondent asserted that the KumKum was made using “maize starch, food-grade colours, and natural rose aroma,” and not synthetic. The respondent produced the laboratory reports of Intertek and also informed the Court that over one tonne of KumKum remained stored at Puthenpurackal Coir Mart.
On examining the materials, the Court observed that the bills showed that KumKum was supplied in 50 kg bags. The Court found major inconsistencies in the materials produced. It noted that the Intertek reports related only to “small sealed packets of Green, Pink, Yellow, Orange, and Blue ‘Rang Barse Holi Colours’,” and categorically held that the report “does not appear to us… to have any connection with… the wholesale sacks delivered to the 33rd respondent.”
The report furnished by the respondent 34 merely contained parameters relating to “Pollution and Environment [Waste Water (Effluents/Sewage)],” which the Court noted to be “wholly irrelevant and inapplicable” to KumKum intended for direct application on the body.
The Court also noted from photographs that most vendors were selling KumKum kept openly in large vessels, sacks, and bags, without any labels or packaging. The Court relied on Rule 34 of the Cosmetics Rules, 2020 and emphasised on mandatory declarations such as, name and address of manufacturer, list of ingredients, batch number, manufacturing and expiry date and declaration of conformity with BIS Standards (including IS:10999).
The Court held that the sale of unlabelled and unpackaged KumKum is therefore in direct violation of the Legal Metrology (Packaged Commodities) Rules, 2011, the Cosmetics Rules, 2020, and BIS Standard IS:10999.
The Court noted that the Erumeli Grama Panchayat pointed out that many pilgrims also brought KumKum from outside the State and that washing synthetic colours into the Valiyathodu and Manimala rivers posed environmental hazards.
The Court directed that authorities “make earnest efforts to sensitise and educate the pilgrims” and advise them against carrying synthetic KumKum and against washing it into the Valiyathodu and Manimala rivers.
The above-mentioned discovery prompted the Court to issue following directions–
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Directed the authorities to make earnest efforts to sensitise and educate the pilgrims and advise them against carrying synthetic KumKum and against washing it into the Valiyathodu and Manimala rivers.
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Constituted an Inspection Team, comprising of Drugs Inspector, Zone-I, Kottayam; Drugs Inspector, Zone-I, Pathanamthitta and Deputy Controller (Flying Squad), Legal Metrology, Kottayam, to immediately inspect the premises of Puthenpurackal Coir Mart and to draw adequate samples of the KumKum following prescribed procedure and send them to an accredited laboratory. The report is to be filed before the Court.
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Directed the Authorities under the Drugs and Cosmetics Act, 1940, and the Legal Metrology Department to ensure that unlabelled and unpackaged KumKum is not sold in violation of statutory requirements.
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Directed the Environmental Engineer, Kerala State Pollution Control Board to conduct routine inspections and submit analysis reports of previously collected samples
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Suo Motu Impleadment of Additional Respondent as the additional 38th respondent and ordered issuance of notice.
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Fixed the next date of hearing on 17-12-2025.
[Suo Motu v. Union Government, SSCR No. 29 of 2025, Decided on 08-12-2025]
*Judgment by Justice Raja Vijayaraghavan V.
Advocates who appeared in this case :
Sri. S.Rajmohan, Senior Government Pleader
Deputy Solicitor General of India
Sri. G.Biju, SC, Travancore Devaswom Board
Smt. Chithra Chandrasekharan, SC, Erumely Grama Panchayath
Sri. Haridas V.N., SC, Chengannur Municipality
Smt. Sayujya Radhakrishnan, Amicus Curiae For Sabarimala Special Commissioner
Sri.V. Premchand, For Additional Respondent 26 to 32
Babu Joseph Kuruvathazha, Archana K.S. and Noel Ealias, For Respondent 34
Deputy Solicitor General of India, For Additional Respondent 35
Sri. T.Naveen, Standing Counsel For Kerala State Pollution Control Board
Sri. Babu Cherukara, Anzar Basheer and Jayachandran R., For Respondent 33