Govt Must Educate Devotees That PoP Idol Ban Has Nothing To Do With Faith, 'Mother Earth Crying Due To Pollution': Bombay High Court Told

On its fourth day of hearing the final arguments in the PIL seeking complete ban on immersion of Plaster of Paris (PoP) idols in natural water bodies, the Bombay High Court was on Wednesday (July 22) told that the pollution levels in the country have reached the highest levels and that the 'Mother Earth' has been crying due to pollution. 

A division bench of Justice Ajay Gadkari and Justice Kamal Khata has been hearing final arguments in the PIL filed by activist Rohit Joshi, who has also challenged a policy of the Maharashtra Government which permits PoP idols of above 6 feet to be immersed into natural water bodies and the idols below the said height in artificial ponds. 

Appearing for one of the petitioners in the bunch of petitions, advocate Nedumpara told the judges that the present pleas also pertain to 'faith' of citizens and that it is for the court and also the government to 'educate' citizens that disallowing PoP idols in natural water bodies has nothing to do with faith but the same is only related to 'welfare of the society.'

"The welfare of the society is important," Nedumpara pointed out at the outset while responding to a query of the bench as to whether interests of a group of persons would override the interests of the society at large. 

"It is a matter of faith involved here... some ask if this (Idol immersion) is only thing that causes pollution... There is a section of devotees who believe their sentiments are being hurt...This court has been called upon to strike a fine balance between beliefs and welfare of the society at large...Pollution has reached highest levels... Micro-plastic is being found even in the milk of a mother.... Thus, we need to understand that all this is in the interest even of the ones having faith and ones fighting for environment...Court must consider that Mother Earth is crying due to pollution... Air, water, soil everything is polluted... Even if we ban somethings it will take decades to resolve the issue," the counsel submitted. 

While maintaining that the issue is sensitive and delicate, Nedumpara argued, "It is the duty of the government to educate people that it is not against any faith or for any political purpose but for the welfare of the society... The government and also this court too should appeal to the conscious of the devotees to avoid using PoP..."

Meanwhile, senior advocate Sanjeev Gorwadkar, who represented some association related to artisans who make PoP idols, opened his arguments and told the judges that the artisans too are not in favour of permitting large idols or even small PoP idols in natural water bodies. He said that only the right to livelihood of the artisans i.e. to make PoP idols must not be infringed. 

"Even we are citizens and are against immersion of PoP idols in natural bodies... We don't subscribe to it... We are supporting the stand of the civic body and also the State that such idols must be immersed in artificial ponds and should be recycled later on... We are wholeheartedly welcoming the move...It is for the State to prevent water pollution from immersing tall idols in natural water bodies... By implementing such guidelines you cannot takeaway our right to livelihood..." Gorwadkar submitted. 

Further, the senior counsel argued that the Water Pollution (Prevention and Control) Act, 1974 was brought in and was made applicable only on 12 States and 1 Union Territory in the country and Maharashtra was conspicuously not included in the list of these 12 States. He added that only in 1981, the State Legislature adapted this Act that too without making any amendments to the very provision, which did not include the State's name in the list and therefore, till date, this Act was not applicable on Maharashtra and therefore, the guidelines framed by CPCB (through this Act) were not applicable.

However, the bench was not impressed by the submission and asked Gorwadkar to either reconsider the same or else it would take the same on record only to reject it at the outset. 

"Reconsider your argument Mr Counsel, Maharashtra is part of the Union of India... It is one of the States in Union, right... Your arguments aren't appealing so please reconsider it. Are you trying to suggest that a State would adopt a law only to make it inapplicable?," the judges expressed.  

The hearing will continue on a later date. 

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