The Bombay High Court on Wednesday (July 29) observed that the proposed 'symbolic immersion' of giant Plaster of Paris (PoP) Ganesh idols, followed by their recycling instead of immersion in natural water bodies, would not affect anyone's religious sentiments and would instead help protect the environment for future generations.

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

The Court was considering submissions made by the Akhil Ganpati Utsav Samiti, which argued that immersion of Ganesh idols in water bodies is an essential religious practice, and that the alternative suggested by a section of artisans would interfere with devotees' fundamental rights.

Responding to the Samiti's objections, Justice Khata said,

"We aren't against height of idols at all... You go bring whatever height idols you want to bring, do your pooja etc but we are just saying don't immerse it in natural water...Something which is harming our environment and likely to harm our future generations... So please stop it there... No religious sentiments are being touched or affected at all... We have to protect the environment for our next generation and the next to next generation..."

The Court also orally questioned the Samiti's contention that immersion of Ganesh idols in natural water bodies is an essential religious practice.

Advocate Dr Uday Warunjikar, appearing for the Samiti, argued that the Dharmashastras mandate immersion of Ganesh idols and it is an essential religious practice.

Justice Khata however suggested that devotees could bring two idols—retain the larger PoP idol for rituals and symbolic immersion before recycling, while immersing a smaller idol in water. When the Samiti objected that such a practice was contrary to religious customs, the Bench asked, "Show us where is it said in Dharmashastra?"

Warunjikar maintained that unlike rituals such as Satyanarayan Puja, where no immersion is required, immersion forms an integral part of Ganesh worship because of long-standing religious practice.

Justice Khata at this juncture remarked,

"Today if you come to know that this is wrong why can't you stop it? Why to argue that if it's being continued from years let us continue further? Our Poojas are also for future generations..."

Justice Gadkari further reminded the Samiti that while citizens have fundamental rights, they also have fundamental duties.

Weighing in Justice Gadkari pointed out, "Mr Warunjikar, when you claim that you have a fundamental right, you must also be aware that you also have a fundamental duty... Or is it only rights that matter and not the duties?"

In response, Warunjikar argued that the primary source of pollution was not PoP itself but the chemical-based paints used on such idols, and suggested that such paints be prohibited instead. He also submitted that the Brihanmumbai Municipal Corporation (BMC) was taking steps to promote eco-friendly and biodegradable colours.

The matter will be heard further today, where the Samiti will continue its submissions.

Meanwhile, Maharashtra's Advocate General Dr Milind Sathe informed the judges that the State will be convening a meeting on July 31 (Friday) where they are likely to discuss and consider the appeal made by Prime Minister Narendra Modi in his 'Mann Ki Baat' episode to avoid using PoP idols and switch to eco-friendly idols instead.

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