The Bombay High Court has continued hearing final arguments in a public interest litigation seeking a complete ban on the immersion of Plaster of Paris (PoP) idols in natural water bodies, with the petitioners submitting that pollution levels in the country had reached alarming proportions and that environmental degradation had become so severe that “Mother Earth” was suffering due to increasing pollution.
The Division Bench of Justice Ajay Gadkari and Justice Kamal Khata is examining the legal validity of permitting PoP idol immersion in rivers, lakes, seas and other natural water bodies in light of environmental protection laws and the guidelines issued by the Central Pollution Control Board (CPCB).
During the hearing, the petitioners argued that continued immersion of PoP idols was causing significant ecological damage by polluting natural water bodies with non-biodegradable materials, chemical paints and other toxic substances. They contended that strict implementation of the CPCB guidelines was necessary to safeguard the environment and prevent further degradation of aquatic ecosystems.
The Bench also observed during the proceedings that the commercial interests of idol manufacturers could not override the constitutional obligation to protect the environment and preserve natural resources.
The Court is presently considering the regulatory framework governing idol immersion ahead of the forthcoming Ganesh festival season. Under the existing directions, all Ganesh idols measuring up to six feet in height, including those made of Plaster of Paris, are required to be immersed exclusively in artificial water tanks established by municipal corporations across Maharashtra, and their immersion in natural water bodies is prohibited.
The dispute before the Court primarily concerns idols exceeding six feet in height. The Maharashtra Government has sought permission to continue allowing the immersion of large idols, particularly those installed by major public Ganesh mandals, in natural water bodies. The State has submitted that such immersion should be permitted subject to safeguards, including the collection of PoP debris and other materials after immersion and their scientific disposal in accordance with environmental norms.
The public interest litigation seeks full enforcement of the Central Pollution Control Board’s guidelines regulating idol manufacture and immersion, contending that unrestricted immersion of PoP idols violates environmental protection principles and adversely affects water quality, biodiversity and public health. The High Court is expected to issue comprehensive directions before the commencement of the Ganesh festival, balancing environmental conservation, statutory compliance and the traditional religious practices associated with large public Ganesh celebrations.
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