Kerala High Court Bans Synthetic KumKum, Cites Public Health and Environmental Risks

Court Orders Immediate Prohibition on Sale of Toxic KumKum, Mandates Use of Natural Alternatives

In a landmark judgment, the Kerala High Court has ordered an immediate ban on the sale and use of synthetic KumKum, citing significant health risks and environmental concerns. The decision came in response to a suo motu case against the Union Government, Ministry of Railways, and others, highlighting the grave dangers posed by chemically manufactured KumKum during religious rituals.

The court, led by Justices Raja Vijayaraghavan V and K. V. Jayakumar, observed that synthetic KumKum contains hazardous substances such as Copper Sulphate, Malachite Green, and Lead Oxide, which pose severe health risks including dermatological disorders and long-term carcinogenic effects. These chemical-laden products, often used in festivals and religious processions, are manufactured in unregulated units and are known to cause environmental degradation.

The bench emphasized that traditional KumKum, derived from natural ingredients like turmeric and sandalwood, should be promoted as safer alternatives. The court directed the state government and authorities to enforce the ban and ensure compliance with the Drugs and Cosmetics Act, 1940, Cosmetics Rules, 2020, and BIS standards. 

The court also highlighted the non-compliance with legal metrology and packaging norms, ordering vendors to halt the sale of loose and unlabelled KumKum. The court mandated the production of detailed records of procurement and sales by the establishments involved, to assess regulatory adherence.

The Kerala Enviro Infrastructure Limited - Laboratory report, which failed to meet the required cosmetic safety standards, was dismissed as irrelevant for its application of inappropriate testing protocols. The court noted that the continued sale of synthetic KumKum, despite the clear ban, indicates an attempt to circumvent the law, further necessitating strict regulatory action.

The Pollution Control Board and Drugs Control Organisation were suo motu impleaded to oversee enforcement and conduct inspections. The court also instructed an environmental assessment of the Pamba river and surrounding areas to evaluate the impact of chemical pollutants.

This judgment underscores the judiciary's proactive role in safeguarding public health and the environment, urging authorities to take decisive action against non-compliant practices in religious and public domains.

Bottom Line:

Environment and Public Health - Ban on synthetic KumKum - Regulatory compliance under various statutory frameworks including Drugs and Cosmetics Act, 1940, Cosmetics Rules, 2020, BIS Standards, and Legal Metrology laws.

Statutory provision(s): Drugs and Cosmetics Act, 1940 Sections 3, 17E, 27A; Cosmetics Rules, 2020 Rule 34; Legal Metrology (Packaged Commodities) Rules, 2011; Bureau of Indian Standards Act, 2016 Section 2(39), Section 29; Legal Metrology Act, 2009 Section 36.

Suo Motu v. Union Government, Ministry Of Railways, (Kerala)(DB) : Law Finder Doc Id # 2818991