Ganpati idols up to 6 feet must be immersed in artificial tanks, says Bombay HC
This paves the way for the implementation of the state govt's policy that permits the immersion of larger idols in natural water bodies like rivers and seas.
'The local bodies shall ensure that plaster of Paris idols, which are less than 6 feet in height, are mandatorily immersed in artificial water ponds only,' directed Chief Justice Alok Aradhe and Justice Sandeep Marne. They said interim directions shall also apply to
Navratri
and other festivals until March 2026.
The court heard a PIL, including by nine clay-based idol makers, seeking implementation of the May 2020 revised guidelines of the Central Pollution Control Board's (CPCB) May 2020 revised guidelines that banned the manufacture and sale of PoP idols.
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The court also heard a petition by PoP idol-makers who challenged the ban. On May 21 , the CPCB's expert committee clarified that the guidelines are 'advisory in nature,' but added that immersion shall not be allowed in natural bodies.
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The High Court on June 9 directed the state to take a policy decision on immersion.
On Wednesday, the State's policy was submitted with guidelines including that idols below 5 feet have to be mandatorily immersed in artificial water tanks. Idols above 5 feet can be immersed in natural water bodies, but the local bodies would have to remove immersed idols the very next day and clean the seabed. The judges then asked the state govt and BMC to inform whether idols up to 8 feet can be immersed in artificial tanks and if it is possible to provide bigger tanks.
Senior advocate Milind Sathe, for BMC, and advocate general Birendra Saraf said there will be logistical problems. Sathe informed that last year, 85,000 idols below 5 feet were immersed in artificial tanks. This year, the figure is 1.95 lakh such idols. He said provision has to be made for an additional 1.10 lakh idols.
The High Court was informed that there are 3,865 idols between 5-10 feet and 3,998 above 10 feet. Saraf urged that in view of the festival beginning on August 27, the High Court permits the immersion of idols above 5 feet in natural water bodies.
The judges said while the policy can be said to be a step in the right direction, the court has to make an endeavour that the impact of the immersion of idols on the environment is reduced to a bare minimum. 'We cannot lose sight of the fact that there are still 7,863 idols above 5 feet which shall be immersed in natural water bodies,' they added.
Taking into account the policy, that an additional 1.10 lakh idols will have to be immersed in artificial bodies and since the festival begins on August 27, the judges deemed it 'appropriate to make the following arrangements this year.'
'We, therefore, direct that instead of idols 5 feet in height, idols which are up to 6 feet shall necessarily be immersed in artificial bodies,' they said.
They directed the state govt to endeavour to implement its immersion policy 'in letter and spirit' and issue directions to local bodies. All local bodies in Maharashtra shall ensure strict adherence to the policy. They shall encourage utsav samitis/sarvajanik mandals to install smaller idols and also smaller replicas specifically for immersion purposes, while the larger idol may be reused or reinstalled the following year.
The govt shall appoint an expert scientific committee to suggest methods for reuse and recycle of PoP. The committee shall also examine scientific methods for faster dissolution of PoP in an eco-friendly manner.
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