State And Regulatory Authorities Must Conduct Coordinated Crackdown On Synthetic Kumkum: Kerala High Court Orders Investigation Into Distribution Network And Lab Certification Of Synthetic Kumkum
Sanchayita Lahkar
The High Court of Kerala Division Bench of Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar on Friday, 5 December, issued an order directing coordinated investigations, inspections and regulatory steps to curb the sale of synthetic Kumkum during the Sabarimala Makaravilakku season. Acting on a suo motu matter initiated on the basis of a report submitted by the Sabarimala Special Commissioner, the Bench examined allegations that chemically manufactured Kumkum, distributed through private traders and supported by laboratory certificates, is being sold to pilgrims despite an existing judicial prohibition. The Court directed State and local authorities, temple administration bodies and enforcement agencies to intensify checks on distributors and vendors, verify the genuineness of certifications, and initiate appropriate proceedings, including cancellation of trading rights, wherever non-compliance is found.
The matter arises from suo motu proceedings initiated on the basis of a report submitted by the Sabarimala Special Commissioner concerning measures required to provide adequate facilities to pilgrims during the Mandalam–Makaravilakku festival season 2025–2026. The Court had earlier examined issues relating to the sale and use of KumKum, noting that such products fall within multiple statutory frameworks requiring safety standards, proper labelling, and transparency obligations. The Court had stated that products containing chemical ingredients constitute adulterated cosmetics under the Drugs and Cosmetics Act, 1940.
Subsequently, authorities were directed to conduct regular inspections and ensure compliance with the prohibition on manufacture, distribution, and sale of chemically manufactured or synthetic KumKum. In later proceedings, the Panchayat reported widespread continued sale of synthetic KumKum. It was submitted that such KumKum was being distributed by a particular establishment, and vendors were producing certificates purportedly issued by a specific laboratory. It was also submitted that determining whether the KumKum originated from natural ingredients was not possible. Photographs of sales in Kuthaka shops were placed before the Court. Upon review, the Bench recorded that despite the earlier prohibition, sale of the product continued, and it appeared that a single establishment was functioning as the principal distributor.
The Court recorded earlier findings stating that “the sale and use of KumKum are governed by multiple statutory frameworks mandating safety standards, transparency obligations, and strict labelling requirements.” It further stated that any manufacturer, dealer, or seller must “scrupulously ensure compliance with the provisions of the Drugs and Cosmetics Act, 1940, the Cosmetic Rules, 2020, the Bureau of Indian Standards Act, 2016, the Legal Metrology Act, 2009, and the Legal Metrology (Packaged Commodities) Rules, 2011.”
The Bench observed in prior orders that KumKum containing chemical ingredients posed “serious health and environmental hazards, and would amount to an adulterated cosmetic under Section 17E of the Act, thereby attracting penal consequences under Section 27A.” The Court had made explicit that sellers shall not be permitted “to manufacture, distribute, or sell chemically manufactured or synthetic KumKum to devotees.”
The Court had earlier directed competent authorities to conduct routine inspections and ensure strict compliance with the prohibition. It had recorded that any Kuthaka holder dealing in chemically manufactured or synthetic KumKum in defiance of the ban would face “cancellation of Kuthaka rights, after following due procedure, in addition to such further legal action as may be warranted under the relevant statutes.”
On the current date, the Court recorded the Panchayat’s submission that “the sale of synthetic KumKum is being carried out extensively.” It was noted that inspections revealed that the KumKum in circulation “is being distributed by an establishment by name ‘Ideal Enterprises’.” The Court further recorded the submission that vendors were producing certificates allegedly issued by a particular laboratory, and that “it is not possible to ascertain whether the KumKum so distributed is sourced from natural ingredients.” The Bench noted the photographs evidencing sales at Kuthaka shops.
After considering the submissions, the Court observed that “in order to circumvent the ban imposed by this Court, the sale of KumKum continues unabated. Under no circumstances can the same be permitted.” The Court recorded that “prima facie, it appears that the principal distributor is the firm known as ‘Ideal Enterprises’.”
The Court directed that, “in order to get to the root of the matter, we suo motu implead the following parties: (i) Ideal Enterprises, Ground Floor, XXVII/33, Venduvazhy, Kothamangalam, Ernakulam – 686691; (ii) Kerala Enviro Infrastructure Limited – Laboratory, Inside FACT-CD Campus, Ambalamedu, Kochi – 682303.”
“The Registry shall carry out the impleadment. Issue notice to the additional respondents through Special Messenger. Post on 05.12.2025.”
Advocates Representing the Parties:
For the Respondents: Sri. S. Rajmohan, Senior Government Pleader; Deputy Solicitor General of India; Sri. G. Biju, Standing Counsel, Travancore Devaswom Board; Standing Counsel for Cochin Devaswom Board; Standing Counsel for Malabar Devaswom Board; Standing Counsel for Guruvayur Devaswom Managing Committee; Smt. Chithra Chandrasekharan, Standing Counsel, Erumeli Grama Panchayath; Sri. Haridas V.N., Standing Counsel, Chengannur Municipality; Smt. Sayujya Radhakrishnan, Amicus Curiae for Sabarimala Special Commissioner; Sri. V. Premchand.
Case Title: Suo Motu vs Union Government, Ministry of Railways & Others
Case Number: SSCR No. 29 of 2025
Bench: Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar
