Mumbai: Ahead of the Maghi Ganesh festival, the Bombay High Court on Thursday directed the BMC and other civic bodies in Maharashtra to ensure strict compliance with the Central Pollution Control Board’s (CPCB) guidelines, which impose a ban on the use of idols made of Plaster of Paris (PoP) and their immersion in water bodies.
A bench of Chief Justice Alok Aradhe and Justice Bharati Dangre also questioned idol manufacturers on why they have continued using PoP to make idols despite repeated court orders against its use.
The CPCB issued revised guidelines on May 12, 2020, banning the manufacture, sale, and immersion of idols made of PoP. It encouraged the use of natural, biodegradable, and eco-friendly raw materials for making idols.
The HC was hearing a PIL filed by Thane-based Rohit Joshi and others, including nine clay-based and small-scale idol craftsmen, seeking strict implementation of the 2020 CPCB guidelines.
On August 30, the HC directed the BMC and all civic bodies to “intimate” all Sarvajanik Ganesh Mandals that they must “mandatorily” follow the CPCB guidelines and, accordingly, not install Ganesh idols made of PoP.
On Thursday, Joshi’s advocate, Ronita Bhattacharya, submitted that the state would be celebrating the Maghi Ganesh festival on February 1 and 2. Despite the HC’s directions as recently as August 30, PoP Ganesh idols were still available in the market. She argued that the authorities must ensure that PoP idols are neither manufactured nor sold nor immersed.
BMC counsel Milind Sathe emphasised that the civic body has been taking steps to implement the CPCB’s revised guidelines.
The counsel for the association of idol makers, S.M. Gorwadkar, pointed out to the court that if any interim order were passed, its members would be deprived of their livelihood. “These guidelines do not have legal sanctity. Reasonable restrictions will not entail a complete ban. There is no valid statute restraining our activity,” Gorwadkar argued.
However, the bench disagreed and remarked that PoP idols should not be sold in view of the court orders. “As per the existing position, they should ensure that PoP idols are neither sold nor immersed. This is a recurring issue. What have you been doing? It (ban) has not come overnight. Tell us what right you have to make idols of POP?” the bench asked.
When Gorwadkar stated that due to certain circumstances they have been using PoP, the court said: “The legal position is against you. We cannot allow you to defy SC orders. Unless (the guidelines are) struck down, we cannot allow you to use POP.”
In a detailed order, the bench cited an earlier 2022 HC ruling that rejected the plea of idol makers challenging the CPCB guidelines on the grounds that they violated their fundamental rights. The bench also referred to a Madras HC judgment that held no person has the right to make PoP idols, a ruling upheld by the Supreme Court in 2023.
“For the aforementioned reasons, we are inclined to grant an interim order. It is directed that respondent corporations shall ensure that clause 2 of the revised CPCB guidelines, which bans the making of PoP idols, shall be adhered to strictly in letter and spirit henceforth,” the bench said.
The HC has scheduled the next hearing for March 20.
