Bombay HC orders ‘mandatory' immersion of PoP idols up to 6 feet in artificial tanks across Maharashtra till March 2026
The high court was hearing a Public Interest Litigation (PIL) against the immersion of PoP idols in natural water sources, along with pleas filed by associations of Ganesh idol makers challenging the Central Pollution Control Board (CPCB) guidelines banning the immersion of such idols in natural water bodies.
A bench comprising Chief Justice Alok Aradhe and Justice Sandeep V Marne noted in the order that the interim arrangement will also be applicable to Navratri celebrations, the Maghi Ganesh festival, as well as all festivals involving idol immersions, until March 2026.
On Wednesday, the Maharashtra Government informed the high court about its July 21 policy guidelines for the immersion of PoP idols. Under the new policy, idols less than five feet will be mandatorily immersed in artificial water bodies. The government also said that those exceeding five feet in height may be permitted to be immersed in natural water bodies such as lakes, rivers, and the sea in case no alternate immersion facility is available.
'The policy of the state government can be said to be a step in the right direction. However, we cannot lose sight of the fact that over 7,000 PoP idols above 5 feet will be immersed in natural bodies. The court has to make an endeavour that the impact on immersion of idols on the environment is reduced to a bare minimum. We therefore direct that instead of 5 feet, idols up to 6 feet shall necessarily be immersed in artificial water bodies,' the bench said in the order.
New arrangements, logistical issues
After being informed that, according to the CPCB's expert committee, its guidelines were 'always advisory in nature,' the Bombay High Court on June 9 lifted the ban on the manufacture and sale of idols made of PoP. However, the court stated that the idols would not be immersed in natural bodies without obtaining permission from the HC and sought the state's policy on immersion.
On Wednesday, July 23, after perusing the state's guidelines, the court asked the Maharashtra Government and the Brihanmumbai Municipal Corporation (BMC) if it was possible to create artificial tanks for immersion of PoP idols up to 7 or 8 feet in height.
On Thursday, Senior Advocate Milind Sathe, while representing BMC, informed the court that while 85,306 Ganesh idols of less than 5 feet were immersed in artificial tanks in the city last year, with the new state mandate, suitable arrangements for immersing all 1,95,306 (1.10 lakh in addition) such idols in artificial ponds will have to be made this year.
He added that when 3,865 idols between 5 and 10 feet in height were immersed in natural water bodies last year, along with 3,998 above 10 feet made of PoP, there were logistical problems to ensure their immersion in artificial tanks.
When Advocate Ronita Bhattacharya-Bector for the PIL petitioner argued that even the large PoP idols shall not be immersed in natural water bodies, CJI Aradhe orally remarked, 'We are also not satisfied, but we cannot create artificial ponds ourselves. We cannot remain uncut from realities and do the idealistic thing… We are part of society. We are conscious. This is only an interim arrangement for this year'.
Maharashtra Advocate General Birendra Saraf said the government was 'committed to the environment', and would strictly enforce its guidelines.
The Bombay High Court then directed the implementation of the state's guidelines in 'letter and spirit' and mandatory immersion of PoP idols less than 6 feet in height in artificial bodies. The court also directed the Maharashtra Government to form an expert scientific committee on the reuse and recycling of PoP idols, which would also examine methods of faster dissolution of PoP idols in an eco-friendly manner.
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