'People Must Respect Mother Nature': Bombay High Court Urges Maharashtra To Consider Symbolic Immersion Of Large PoP Ganesh Idols

Observing that while it is good that people believe in God but they must also be taught to "respect Mother Nature", the Bombay High Court on Friday (July 24) urged the Maharashtra Government to seriously consider a proposal for the symbolic immersion of Plaster of Paris (PoP) Ganesh idols exceeding six feet in height, instead of immersing them in natural water bodies.

A division bench of Justice Ajay Gadkari and Justice Kamal Khata said the State must consider implementing the suggestions made by a section of idol makers through senior advocate Sanjeev Gorwadkar, that only the feet of large PoP idols would ceremonially touch the water before the idols are transported to designated collection or recycling facilities.

The Court also endorsed the suggestion that such installations be accompanied by a smaller Ganesh idol, not exceeding six feet, which could be immersed in an artificial pond.

"In respect of the idols exceeding 6 feet in height, the religious rituals of immersion may be performed symbolically by touching the feet of the idol to the water, whereafter, the idol shall be transported to a designated collection or recycling facility established by the concerned local authority for appropriate disposal, preservation, storage or recycling. It is desirable that such installation be accompanied by a smaller Ganesh idol, not exceeding six feet, which may thereafter be immersed in an artificial pond," suggested Gorwadkar, who represents the Shri Ganesh Murtikar Utkarsha Sastha, Thane. 

Accordingly, the judges asked Advocate General Dr Milind Sathe to seriously consider implementing this policy as the same would resolve almost all the issues related to the instant matter. The bench said the State only has to convince the stakeholders to implement the said suggestions. 

However, Sathe told the judges that instead of implementing these suggestions, the court must consider granting two to three more years for the State so that it can 'gradually' move ahead in this issue instead of bringing in sudden changes overnight. 

"PoP has been used for more than 100 years just that it was not used at a scale as today... If all idols are to be made of shadu (natural clay) then at least 4,500 metric tonnes of it would be required and that too would have an adverse impact on the subsoil.... That too has to be considered it will also have a huge impact on the environment.... Also, Police cannot stop anything it will create a law and order situation..." AG submitted. 

"But to maintain law and order is the duty of the State... how can you say like this?" Justice Gadkari responded. 

Further, AG Sathe pointed out the background of the petitioners and said that they are all idol makers, who use clay and thus they are 'commercially' interested in this matter. 

"No but they are law abiding citizens .. State shouldn't make such a submission...Is it your stand that immersion of PoP is not encouraging damage to environment? Or is the State saying let it cause some damage... Can't the State think of the larger picture or about the next generation..." Justice Gadkari said. 

At this, AG pointed out that till 2024, PoP idols above 6 feet were around 7863 while the number got reduced to 4194 last year and submitted that there are chances that the number would further reduce as people have gradually started using more eco-friendly idols. However, the bench seemed unimpressed by the contention. 

"The number of idols are only going to increase... It is good that people are believing in God and worshiping but if the activity is causing damage to the natural water bodies isn't it the duty of the State to prevent it as far as possible and come up with a mechanism to avoid damage? We aren't saying other things aren't damaging the water bodies but shouldn't the State come up with some mechanism... Shouldn't the people be told to even respect the Mother Nature?" Justice Khata remarked. 

AG Sathe, however, reiterated that the State be permitted to continue with its August 2025 policy, wherein it has been decided that only idols above 6 feet would be immersed in natural water bodies and those below six feet would be immersed in artificial ponds. He said such suggestions can be implemented in phase manner. 

"So is it not possible for the State to meet these (4194) people and speak to them? Can't you convince them?" Justice Gadkari questioned AG, to which he responded that the State will definitely explore that possibility.

The AG then pointed out that the petitioners have challenged the State's August 2025 guidelines but they have not said a word about what is wrong in it.

To this, Justice Gadkari responded, "If the State is serious about preventing water pollution, it can do it easily... If the immersion is averted the problem solves...You can create awareness by convincing people. You are a State, Mr AG."

At this, AG Sathe pointed out that such issues have to be dealt in a phase wise manner. He referred to petitions over air pollution.

"We cannot stop cars in one go to avoid air pollution... Similarly in one go, we cannot stop immersions like this... Everything will have to happen gradually..." AG replied, while closing his arguments in the case.

Central Pollution Control Board Pulled Up For 'Shaking' Foundation

Meanwhile, advocate Abhinandan Vagyani representing the CPCB opened his arguments and pointed out that the court had ordered the Central Government to come up with some framework to prevent water pollution due to immersion of PoP idols and thus, the CPCB issued the guidelines. He said that the CPCB does not have powers and thus, its guidelines were only 'advisory' in nature and not 'mandatory or binding.'

However, when the bench asked the counsel to produce any order which indicated that the Central Government had asked the CPCB to come up with some guidelines, the advocate could not produce anything and sought time for the same. 

"Is all this just an eyewash? You say you don't have powers then why did you issue such guidelines? If you say you don't have powers then withdraw these guidelines... You are now just shaking the entire foundation... Other States have followed these guidelines and orders have been passed by courts.... Two States (Tamil Nadu and Telangana), 2 High Courts (Madras and Telangana) and even the NGT have passed orders and now you say you don't have powers... For whose sake have you issued such guidelines? For your own sake? Stop changing your stances Mr counsel that too after five years. We fail to understand why this summersault?" the judges observed. 

The bench therefore, suggested Vagyani to reconsider the CPCB's stand and argue again on Monday (July 28).

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