Kochi: The Kerala High Court on Wednesday refused to modify its order banning the sale of chemical kumkum and shampoo sachets in Sabarimala, placing health and ecology concerns above commercial losses.

The decision by the Division Bench comprising Justice Raja Vijayaraghavan V and Justice KV Jayakumar comes in response to the impleading petition filed by certain kuthaka holders in Sabarimala/Erumeli. They remarked that they are concerned about the devotees and the ecology of Sabarimala, not the commercial interests of kuthaka holders (stall owners), who may be affected by the ban.

The petitioners contended that the availability of kumkum during the season, which is part of a long-standing tradition, is highly essential. In this backdrop, they had already paid an advance to suppliers of kumkum, and unless the ban is modified, it would result in a significant financial setback for them. They also contended that there is no scientific evidence to determine whether chemicals are present in the kumkum supplied by their manufacturers and wholesale dealers.

Dismissing the impleading petition, the Court observed:

The Court dismissed the order, observing that the order has not prevented or put up any interdiction in the sale of kumkum, which are sourced from natural sources and that the kuthaka holders must proclaim that the kumkum which they have sourced from distributors or manufacturers are not chemically manufactured and that they have been derived from natural sources, which we have mentioned in the order.

It said that under no circumstances can the applicants/persons who sought to be impleaded be permitted to vend or sell chemically manufactured kumkum in Sannidhanam area or at Erumeli."

It also orally added, "We are more concerned about the ecology of Sabarimala, of the people, devotees...We are not concerned about your commercial aspects."

The Court further observed that it is the duty of the kuthaka holders to source organic and traditionally produced kumkum rather than sell chemical or industrially manufactured kumkum.

In its earlier order, the Court had noted that there are severe, adverse environmental and health impacts related to the use of chemically manufactured kumkum, which is said to contain copper sulphate, lead oxide, carbon black, aluminium bromide, red mercury sulphide (vermilion), azo dyes, prussian blue, and cobalt compounds.

It had also been mentioned that the use of such substances causes dermatological disorders, ophthalmic injuries, respiratory distress, systemic toxicity, and long-term carcinogenic effects. 

The Court also observed that when washed off with soaps and detergents, these chemicals enter soil, rivers, and groundwater systems, resulting in aquatic toxicity and reduced dissolved oxygen levels. Additionally, the endemic freshwater species in Kerala, which are concentrated in the Periyar area, are susceptible to such contaminants.

Thus, the Court dismissed the impleading petition and refused to modify its order banning chemical kumkum.