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Hindustan Times
2 hours ago
- Politics
- Hindustan Times
HC lifts ban on manufacturing PoP idols, bars immersion in natural water bodies
MUMBAI: The Bombay High Court on Monday modified its January 2025 order that had imposed a blanket ban on the manufacture and sale of Plaster of Paris (PoP) idols. While the court has now allowed the manufacturing and sale of PoP idols to resume, it made it clear that such idols cannot be immersed in natural water bodies. A division bench of chief justice Alok Aradhe and justice Sandeep Marne was hearing a public interest litigation filed in view of the upcoming Ganesh festival, seeking enforcement of the Central Pollution Control Board's (CPCB) revised guidelines that prohibit the manufacture of PoP idols. The petitioners argued that despite the CPCB's directives, many manufacturers continued to produce PoP idols in violation of the ban. On the other hand, a related writ petition contended that the CPCB guidelines infringed on artisans' fundamental right to livelihood by restricting their traditional trade. After considering the submissions, the court permitted the continued manufacture and sale of PoP idols, while prohibiting their immersion in natural water bodies without prior court permission. 'It will be open to the petitioners and artisans to make PoP idols. However, the same shall not be immersed in natural water bodies without the leave of the court,' the bench stated. Advocate general Birendra Saraf, appearing for the state, submitted that the government needed more time to take a final decision on idol immersions based on the CPCB's recommendations. The court accepted the request and posted the matter for further hearing on June 30. Reiterating its stand, the court said, 'We are clear that any PoP idol shall not be allowed to be immersed in a natural water body. Artificial water bodies can be created for such immersions.' The issue of PoP idol immersion has been under judicial scrutiny since 2003, when NGO Janhit Manch filed a PIL seeking a complete ban on immersions in natural water sources due to pollution concerns. In 2009, the CPCB formed a committee to draft guidelines aimed at curbing pollution during religious festivals. These were revised in 2020, banning the immersion of PoP idols in natural water bodies, but stopping short of banning their manufacture. A more recent report submitted on April 29 by the Rajiv Gandhi Science and Technology Commission (RGSTC)—a statutory body of the Maharashtra government—has added fresh perspective to the debate. Commissioned by Cultural Affairs minister Ashish Shelar, the report recommended conditional use of PoP idols. It proposed allowing PoP idols painted with eco-friendly paints to be immersed in large water bodies such as the sea and major rivers, provided these sites are located far from drinking water sources or animal habitats. The report also suggested exploring 'retrievable immersion' methods to enable the reuse of PoP idols.
Time of India
8 hours ago
- Politics
- Time of India
HC lifts ban on PoP idol-making, but no immersion in sea, rivers
Mumbai: Bombay High Court on Monday lifted the ban on the manufacture of Plaster of Paris (PoP) idols and directed the state govt to take a policy decision on their immersion within three weeks. Chief Justice Alok Aradhe and Justice Sandeep Marne passed the order following the Central Pollution Control Board's expert committee on May 21 clarifying that CPCB's May 2020 revised guidelines banning manufacture and immersion of PoP idols "are always advisory in nature". The committee opined that the making of PoP idols is not prohibited. It recommended that state govts may decide to allow immersion subject to conditions, including ensuring designated temporary artificial tanks/ponds for immersion of PoP idols. However, immersion will not be allowed in natural water bodies such as rivers, lakes, ponds, and the sea. Hence, the judges modified the Jan 30 order that directed strict enforcement of CPCB's ban and asked the state to take a decision on their immersion. The Jan 30 interim order was passed on a PIL by three activists and nine clay-based idol-makers to enforce CPCB's May 2020 ban. Petitions were also filed by associations of PoP idol-makers, saying the ban violates their fundamental rights, including the right to carry on trade. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like No dark spots, 10 years younger! Just take this from Watsons URUHIME MOMOKO Learn More Undo Advocate Uday Warunjikar and senior advocate S M Gorwadkar, for the petitioners, said the state govt appointed an expert committee whose report was sent to CPCB, which set up its own committee to look into the former's recommendations. With CPCB's clarification, they urged the HC to modify the Jan 30 order that "completely banned the manufacture and sale" of PoP idols and to direct the state to take a decision on their immersion. Advocate general Birendra Saraf urged that at least for huge idols "that are 20 feet," some exemption be granted to immerse in natural water bodies, adding, "Some statues have become so much part of our culture..." "Large size idols, you work out a solution. Because the court may not be an ideal place... One thing we are clear about is that we will not allow immersions in a natural water body,'' the CJ said. The judges said it will be open to members of the petitioner association as well as other artisans to make PoP idols subject to compliance with the Sept 2012 Nagpur bench order, pointed out by senior advocate Mihir Desai for PIL petitioners, to put a red mark to distinguish PoP idols. "However, it is directed that such idols shall not be immersed without leave of this court,'' they added, and posted the hearing on June 30.
Indian Express
11 hours ago
- Politics
- Indian Express
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.
India Today
19 hours ago
- Politics
- India Today
Bombay High Court modifies order banning Ganapati idols made of plaster of paris
The Bombay High Court on Monday modified its January order through which it had put a complete ban on the manufacturing and sale of Ganpati idols made out of Plaster of Paris (PoP).The bench of Chief Justice Alok Aradhe and Justice Sandeep Marne went through an affidavit filed by the Central Pollution Control Board (CPCB) through advocate Abhinandan bench in its order said, "It will be open to the petitioners as well as artisans making PoP idols. However, the same shall not be immersed in natural water bodies without the leave of the court."advertisement The bench also granted three weeks' time to the Maharashtra government to clarify its stand and will hear the petitions again on June Maharashtra government wrote to the CPCB, following which an expert committee was set up to look into the issue, which said that there is no ban on the manufacturing and sale of PoP idols. However, they cannot be immersed in natural water CPCB also said that the guidelines issued by it in 2020 with regard to PoP were not statutory in nature, only this hearing, the bench said, "This is a classic case of diluting one's own authority. The court is saying you have power, you are saying no."However, in the event of the CPCB stating so, the Maharashtra Advocate General, Dr Birendra Saraf sought time to clear the state government's stand on the Ganpati festival is starting on August 27, 2025 and, with just 65 days remaining, the petitioners requested the court to add in its order that the ban imposed by the court in its January order has been modified.
Indian Express
17-05-2025
- Politics
- Indian Express
Bombay HC seeks BMC's reply to plea against ‘unhygienic' Tardeo fish market
The Bombay High Court recently sought an affidavit from the Brihanmumbai Municipal Corporation (BMC) in reply to a PIL by residents of housing societies in south Mumbai's Tardeo area, alleging that a new fish market run within the residential area was affecting their health and religious sentiments. The court asked the BMC to ensure hygiene conditions are maintained in the fish market. A bench of Chief Justice Alok Aradhe and Justice Makarand S Karnik on May 8 was hearing a PIL by Megha Agarwal, Vikram Jogani, Laxmichand Gala, and Mahendra Jain from Tulsiwadi area in Tardeo. The petitioners, through advocate Deepa Pohuja, claimed that the fish market, which opened in March this year on the ground floor of the municipal building in the area, did not maintain any hygiene norms and the water with foul odour would come in the basement and compound of the petitioners' housing societies and on the Tulsiwadi Main road. The petitioners also claimed that the runoff water filled the road with 'maggots', and while there were three to four stalls in the market at present, there would be 50-50 more stalls in the future. The petitioners argued that the said fish market was in a residential area having over 19 buildings and four temples. The PIL claimed that the market had been 'gravely affecting the lives of those living in the locality' and the residents' religious sentiments. The petitioners claimed that the same caused health problems to children, senior citizens and other residents. Moreover, the PIL alleged that inconvenience was caused to devotees who visit temples, including a Jain temple in the nearby area. The residents also claimed that there were no fixed timings for transporting goods from the fish market, and the said vehicles parked in the narrow lane cause traffic congestion in the vicinity. Advocate Chaitalee Deshpande for the BMC submitted that the civic body would ensure that the fish market was run following the guidelines applicable to BMC-run fish markets. The high court issued notices to the respondents, the state government and the BMC authorities, including its assistant commissioner, markets, and directed them to file affidavits in reply within four weeks, after which it will hear the matter.
