Can Your Commercial Interests Trump Environmental Protection? Bombay High Court Asks PoP Ganesh Idol Makers

A division bench of Justice Ajay Gadkari and Justice Kamal Khata made the observation while hearing final arguments in a public interest litigation seeking a complete ban on the immersion of PoP idols in natural water bodies, irrespective of their height.

Addressing counsel representing associations of PoP idol makers, Justice Gadkari asked, “Can interests of a group of persons override the interests of the society?”

The Court also urged manufacturers to adopt environmentally sustainable alternatives to PoP. Justice Gadkari asked why idol makers could not switch to materials that do not cause pollution instead of continuing to insist on the use of PoP.

“Use some alternative material which will not cause pollution,” Justice Gadkari remarked.

The bench noted that more than 31,000 Ganesh idols above six feet in height had been immersed in natural water bodies across Maharashtra last year. The judges observed that such a large number of immersions was bound to pollute water bodies, notwithstanding the State's policy of removing the idols the following day.

Senior Advocate Mihir Desai, appearing for petitioner Rohit Joshi, submitted that the Maharashtra Government's 2025 policy permitting immersion of PoP idols above six feet in natural water bodies was intended to operate only until March 2026, after which a complete ban was envisaged.

Desai argued that the State's position was inconsistent with its own studies, which showed that PoP idols do not dissolve easily and that the colours used on them are toxic.

“Their intentions may be good but nothing is done at the ground level,” Desai submitted, adding that the State had failed to effectively implement measures promised under the policy.

Advocate Uday Warunjikar, appearing for an association of PoP idol makers, urged the Court to allow the existing policy to continue for another year or two to facilitate a gradual change in public preferences. Referring to data indicating that orders for eco-friendly idols had increased from around 3,000 in 2023 to 7.8 lakh last year, he submitted that societal attitudes could not change overnight.

Advocate General Milind Sathe, representing the State, informed the Court that a large number of devotees had already switched to eco-friendly idols, particularly those below six feet in height. He added that over 13,000 idols above six feet immersed last year were eco-friendly.

Justice Khata, however, observed that the core issue before the Court concerned larger idols immersed in natural water bodies. Questioning the manufacturers' stance, he remarked:

“We go abroad, we see good and clean water. The manufacturers must consider all this. It is not as if they will not go abroad. Why can't they be more conscious? They too must think of protecting the environment.”

When Warunjikar sought continuation of the current policy on the ground that only 60 to 70 days remained for the Ganesh festival, Justice Gadkari responded that manufacturers had been put on notice long ago and that permitting continued use of PoP would lead to “innumerable damage” to the environment.

“Nobody is against your rights under Article 19 of the Constitution. Even the guidelines are very clear that by March 2026 this business will have to stop,” Justice Gadkari observed.

Desai also pointed out that alternatives to PoP had historically been used for making Ganesh idols and that even the iconic Lalbaugcha Raja idol had not always been made of PoP.

During the hearing, the bench noted that the Nagpur bench of the High Court had earlier dismissed a challenge to the Central Pollution Control Board's guidelines on immersion of PoP idols in natural water bodies and that the decision had not been challenged before the Supreme Court.

Senior counsel Sanjeev Gorwadkar, appearing for another association of idol manufacturers, argued that the CPCB guidelines lacked statutory backing. In response, Justice Gadkari reiterated the Court's concern, asking whether the interests of a particular group could prevail over those of society at large.

The matter will be heard further on July 17.