No immersion in water bodies: Bombay HC permits only manufacturing of PoP idols, seeks state's policy decision on their immersion
The Bombay High Court Monday lifted the ban on manufacture and sale of idols made of Plaster of Paris (PoP) and permitted the same. However, it remarked that PoP idols shall not be immersed in natural water bodies. The HC directed the Maharashtra Government to take a policy decision related to immersion of PoP idols after the Central Pollution Control Board (CPCB) clarified that guidelines banning PoP idols are 'advisory in nature' and are limited to their immersion and not the manufacturing of the same.
The HC noted that in view of clarification issued by CPCB that its revised guidelines were only pertaining to idol immersion and not for making of PoP idols or other purposes, the bench was inclined to permit the same and modified its earlier order. However, the Court said that the PoP idols shall not be immersed in natural water bodies as per CPCB revised guidelines and they shall not be immersed without leave of the high court.
The revised guidelines of the CPCB issued on May 12, 2020, stipulate that idols made of natural, biodegradable and eco-friendly raw materials be encouraged, allowed and promoted, while idols made of Plaster of Paris be banned.
A division bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne was hearing a batch of pleas by associations of Ganesh idol makers challenging the CPCB guidelines banning the use of idols made of PoP and their immersion, alleging that the same flouted their fundamental rights
On January 30, two days prior to Maghi Ganesh Utsav, a bench led by CJ Alok Aradhe had issued directions to civic authorities in Maharashtra to ensure the CPCB guidelines are strictly followed and had questioned idol makers why they were not stopping making of PoP idols despite repeated court orders over the last few years.
On Monday, the CPCB said that it has issued clarifications that the revised guidelines are for idol immersions and not for their making. The CPCB added that its expert committee earlier this month, after perusing Maharashtra government's recommendations had agreed that such guidelines are 'always advisory in nature' and the state governments may decide for allowing immersion of PoP idols subject to conditions.
The said conditions include provision of designated temporary artificial ponds or tanks for immersion and the same shall not be allowed in rivers, lakes, natural tanks/ponds and sea.
The expert panel of CPCB further said that after immersion, the authorities shall remove material deposited in artificial ponds or tanks and the collected material be 'stored in environmentally sound manner till it is lifted for regeneration and reuse' and follow other measures given in 2020 revised guidelines for idol immersion in eco-friendly and sustainable manner. The petitioner sought early decision by the state government citing urgent need for the same as the Ganesh Utsav would begin after two months.
Advocate General Birendra Saraf for the state government sought time to take a decision and said that while there are large idols made of PoP, the festival has become 'part of our culture' and there may be difficulties to immerse such idols in artificial ponds or tanks during upcoming Ganesh Utsav. The court also suggested that the stakeholders can consider having the same large idol permanently on the lines of practice adopted in Pune.
It noted, 'In view of the stand taken on behalf of CPCB as well as the recommendations made by the Expert Committee constituted by CPCB, we permit the members of the petitioners associations as well as any other artisans to make idols of PoP.' The HC said the same will be subject to the artisans complying with directions in 2012 directions of the Nagpur bench of HC which directed marking of PoP idols.
'However, it is directed that such idols shall not be immersed without leave of this Court.' The court modified its January 30 order based on CPCB's recommendations and posted further hearing to June 30.
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