Mumbai: A Thane-based association of idol makers, Shri Ganesh Murtikar Utkarsha Sanstha, moved the Bombay High Court challenging the Central Pollution Control Board (CPCB) guidelines that prohibit the use and immersion of Plaster of Paris (PoP) idols. The association claims that these guidelines violate the constitutional rights of its members.
The CPCB had banned PoP idols and mandated the use of only biodegradable, eco-friendly materials in idol-making. In response, a division bench comprising Chief Justice Alok Aradhe and Justice MS Karnik directed the association to amend its petition and include the Union of India as a respondent.
Court’s Previous Orders On PoP Ban
Earlier, on January 30, the court had ordered civic bodies to strictly enforce the ban on the sale, manufacturing, and immersion of PoP idols during festivals. It also directed the Brihanmumbai Municipal Corporation (BMC) and other municipal corporations to ensure strict compliance with the CPCB guidelines issued on May 12, 2020.
Legal Arguments In Court
Representing the idol makers, Senior Advocate Sanjeev Gorwadkar argued that the CPCB guidelines should not be binding or legally enforceable, as they cannot be interpreted as law. According to a Hindustan Times report, he claimed that the ban violates constitutional rights under Articles 14, 19, and 21.
However, the division bench cited previous rulings against PoP usage, stating that the National Green Tribunal (NGT) in 2021 upheld the validity of the guidelines. Additionally, the Supreme Court had dismissed petitions challenging NGT’s decision. The court also referenced the Madras High Court’s 2023 order, which denied a Special Leave Petition (SLP) against the PoP idol ban, stating that no individual has the right to manufacture such idols.
With both sides presenting their arguments, the Bombay High Court is set to hear the case further on April 23 for detailed deliberations.
