Bombay High Court Reserves Verdict In Challenge To Immersion Of PoP God Idols In Natural Water Bodies

The Bombay High Court on Friday (August 14) closed for orders, a batch of petitions, seeking a complete ban on immersion of Plaster of Paris (PoP) made Ganesh idols in natural water bodies.

The High Court has however, clarified that its last year's order which permitted immersion of only six feet and above height PoP idols in natural water bodies and rest (below six feet) in artificial tanks, to be implemented strictly by the Maharashtra Government in the forthcoming Ganesh Chaturthi celebrations. 

A division bench of Justice Ajay Gadkari and Justice Kamal Khata reserved its judgment in the matter after hearing the petitions for nearly a month. 

The bench was hearing a batch of petitions, the lead PIL being filed by activist Rohit Joshi, who sought an effective implementation of the Central Pollution Control Board (CPCB) guidelines which had recommended a complete ban on immersion of PoP idols in natural water bodies.

Last year, the Maharashtra government came up with an interim policy, wherein it decided to install artificial tanks/ponds for the immersion of idols (be it eco-friendly or PoP) below the height of six feet. The policy allowed immersion of giant PoP idols above six feet in natural water bodies. 

Senior Advocate Mihir Desai assisted by Advocate Ronita Bhattacharya for Joshi, highlighted the fact that the CPCB Guidelines and also the Maharashtra Government's expert panel had conducted thorough study and has found PoP to be a highly pollutant substance which if allowed to be immersed, would adversely affect the ecosystem.

However, the State through Advocate General Dr Milind Sathe in his submissions, told the court that a complete ban on immersion of PoP idols cannot be introduced overnight and that the State would need at least three more years for adhering to the appeal by the Prime Minister to use eco-friendly idols. He submitted that the guidelines can be implemented in a phase-wise manner.

Senior Advocate Sanjeev Gorwadkar, who represents a section of artisans and manufacturers of PoP idols in Thane District, submitted that since the CPCB has now clarified its stand that the guidelines are 'advisory' and not 'binding', his clients have no objection to the implementation of the same. He however, on court's insistence, came up with a recommendation to resolve the entire issue. 

Gorwadkar, noted that the State's 2025 policy mandated that once the giant idols of PoP are immersed in natural water bodies, the same be removed within 24 hours and sent to recycling centres. 'Taking a step ahead' from this policy, Gorwadkar recommended that such huge idols, be worshipped and after performing all rituals, they be brought to the shore with due procession etc, and then instead of direct immersion, a 'symbolic immersion' be carried out wherein water be touched on the idol's feet and thereafter, the idols be directly sent to recycling centres. He added that mandals be asked to also purchase small idols along with the huge ones, and at the time of immersion, only the smaller ones be immersed in artificial tanks. This, Gorwadkar argued, would resolve the entire issue and also not hurt any sentiments.

Advocate Dr Uday Warunjikar who represented some mandals however objected to this proposal, arguing that a 'symbolic' immersion would hurt the religious sentiments of the Hindu community. He emphasised that the Hindu 'Dharmashastra' mandates immersion of the idols and that the same is an 'essential religious practice.'

However, the bench made it very clear to all the parties that they are not touching the aspect of 'essential religious practice'. The judges clarified that they were only considering the impact of PoP on water ecosystem. The bench also questioned Warunjikar to show any 'Dharmashastra' which specifically says that for immersion purpose, the idols must be of PoP.

To this, Warunjikar submitted that when 'Dharmashastra' was being written thousands of years ago, at that time, PoP was not discovered and thus, does not finds any mention in any of the old Hindu scriptures. Warunjikar also highlighted the fact that there has been no proper study on the impact of PoP on water ecosystem and thus before banning use of PoP a proper study be first ordered. He also pointed out that the real pollutants were the chemical based colours used on PoP idols. 

Similar submission was of advocate Prasanna Kutti who argued that the PoP was not a pollutant and in fact was a 'purifier' which protects water. He too blamed the chemical-based colours for polluting the water bodies. He relied on certain articles and research papers published by international journals, which the bench refused to consider.

Lastly, advocate Abhinandan Vagyani representing the CPCB made his submissions, pointing out that its 2020 guidelines, because of which the entire litigation has arisen, are not 'binding' and are rather 'advisory.' However, the submission did not go down well with the bench, which came down heavily on the Central government for contradicting its position after a period of five years. 

The bench noted that the very guidelines were upheld by the Madras High Court, the Telangana High Court and also the National Green Tribunal (NGT) and thus questioned the sudden 'volte face' of the CPCB in the proceeding here. 

Now the bench has reserved its judgment in the matter. 

Case Title: Rohit Manohar Joshi vs State of Maharashtra (PIL/96/2024)