PoP Idol Makers Support Ban On Immersion In Natural Water, But Tell Bombay High Court Their Right To Livelihood Can't Be Curbed

The artisans manufacturing Plaster of Paris (PoP) Ganesh idols on Thursday (July 23) told the Bombay High Court that while they support a ban on immersion of PoP idols in natural water bodies to prevent pollution, any restriction on their right to manufacture such idols would violate their right to livelihood.

A division bench of Justice Ajay Gadkari and Justice Kamal Khata has been hearing final arguments in a bunch of petitions majorly seeking complete ban on immersion of PoP made idols in natural water bodies. 

Appearing for the artisans, Senior Advocate Sanjeev Gorwadkar submitted that the artisans fully support the stand of the petitioners and the authorities that PoP idols should not be immersed in natural water bodies.

"We as citizens of India, support the stand that PoP idols should not be immersed in natural water bodies as it would cause pollution... It is our responsibility to ensure we have clean water... However, the guidelines issued by the Central Pollution Control Board (CPCB) are incapable of imposing a complete ban on making of PoP idols. It is only for banning immersions. But we support the stand that such idols should not be immersed in natural water bodies and must rather be immersed in artificial ponds, which the State will have to look into," Gorwadkar argued.

He contended that while the State is duty-bound to prevent pollution caused by immersion of PoP idols in natural water bodies, it cannot do so by taking away the artisans' right to livelihood.

Further, Gorwadkar read out several judgments which spoke about how authorities cannot impose a complete ban on anything which can affect a group's right to livelihood. However, the judges seemed unimpressed with the contention.

The bench, however, questioned the submission, observing that artisans could manufacture idols using alternative eco-friendly materials.

"There is no complete ban on you... Only ban is on making idols out of PoP... But you can still use alternate materials to manufacture idols..." Justice Gadkari pointed out.

Gorwadkar responded that such a restriction nevertheless affects the artisans' livelihood.

"But if I am not proficient in using any other type of material then my right to livelihood is affected. Because I have a right to chose a material of my choice... I cannot be forced to use a particular type of material," the counsel urged.

Justice Gadkari, however, reiterated that biodegradable and other alternative materials remained available. "But you can still use bio-degradable or other materials instead of PoP..." the judge said.

The judges, however, sought to know if the artisans could make idols even if from PoP but below 6 feet instead of making giant sized idols.

"Because it is your case that you support the stand that PoP idols should not be immersed in natural water bodies... can you consider making idols, be it of PoP, but below six feet? Address us on this point," Justice Gadkari said while adjourning the hearing till Friday (July 24).

Notably, as per the Maharashtra Government's policy decision, PoP idols upto 6 feet will be mandatorily immersed in artificial ponds and idols above 6 feet of height would be permitted to be immersed in natural water bodies. The policy mandates pulling out such PoP idols on the subsequent day of immersion and sent for recycling.

During the hearing, Justice Gadkari recalled that in 2020, artisans and manufacturers of PoP idols had given undertakings before the Nagpur Bench that they would advise purchasers not to immerse PoP idols in natural water bodies.

"Are you ready to give an undertaking that you will tell consumers not to immerse the idols in natural water bodies and that you will strictly follow this condition?" Justice Gadkari asked, to which Gorwadkar responded in affirmative.

Meanwhile, Advocate Ronita Bhattacharya, appearing for petitioner Rohit Joshi, placed on record a copy of Prime Minister Narendra Modi's June 28 Mann Ki Baat address, in which he urged citizens to prefer eco-friendly Ganesh idols over those made of PoP to protect natural water bodies. The bench directed that the speech be placed on record along with the petitioner's written submissions.

The hearing will continue on Friday. 

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