The Kerala High Court on Wednesday directed authorities to ensure strict monitoring and effective enforcement of the ban on the sale of prohibited chemical kumkum and plastic sachets in the Sabarimala area, emphasising the need to identify and prosecute those violating the restrictions.

A Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar noted that the Joint Director of the Local Self-Government Department (LSGD), Kottayam, had constituted eight squads to conduct systematic inspections and prevent the use and sale of the prohibited items.

The Court expressed the expectation that the squads would carry out their duties effectively and ensure that the inspections lead to tangible improvements. It also directed the authorities to maintain periodic reports detailing inspections conducted, violations detected and corrective measures initiated, and submit the same before the Court.

The Bench was hearing a suo motu petition concerning measures taken to provide adequate facilities for pilgrims visiting Sabarimala during the upcoming pilgrimage season.

Last year, while hearing another suo motu petition, the High Court had prohibited the sale of chemical kumkum and plastic shampoo sachets at Sabarimala and the edathavalam (pilgrim resting place) in Erumeli, Kottayam, citing environmental concerns. It had also directed an investigation into the distribution network and laboratory certification of chemical kumkum, besides ordering inspections of shops selling such products.

During Wednesday's hearing, the Court reiterated its concerns over pollution and called upon the State Pollution Control Board to play an active role in preventing environmental degradation.

The Bench also examined a report submitted by the Drugs Inspector, Kottayam, detailing steps taken to curb the manufacture, sale and distribution of kumkum that does not comply with the standards prescribed under the Cosmetics Rules, 2020.

The Drugs Control Department informed the Court that it had undertaken awareness campaigns targeting street vendors, licensed establishments and cosmetic suppliers in and around Erumeli Grama Panchayat. Posters highlighting labelling requirements and quality standards had also been put up.

However, the Court observed that awareness campaigns alone would not be sufficient and stressed the need for regular inspections and prompt enforcement action wherever violations are found.

It accordingly directed the Secretary of Erumeli Grama Panchayat and the Pollution Control Board to closely monitor the situation and coordinate with the concerned departments to ensure that violations are promptly detected and appropriate remedial measures are taken.

The Court emphasised that the restrictions must be implemented effectively and the use of prohibited materials should not be allowed to continue unchecked.

During the proceedings, the Drugs Control Department highlighted difficulties in initiating prosecution under the Drugs and Cosmetics Act. It suggested that the Drugs Inspector could seize the prohibited products and hand them over to the Panchayat for further action and disposal.

The Panchayat, however, submitted that prosecution under the Drugs and Cosmetics Act would be the only effective deterrent against such violations.

In view of the differing submissions, the Court directed the Special Government Pleader to ensure the presence of senior officers from the Drugs Control Department at the next hearing. The officers have been asked to explain the logistical and infrastructural challenges faced by the department and suggest appropriate solutions.

The matter has been listed for further consideration on November 19.