[Ganesh Chaturthi] Intimate "Mandals" To Follow Idol Immersion Guidelines, Not To Use Plaster Of Paris Idols: Bombay High Court to State

The Bombay High Court on Friday asked the Maharashtra government to issue directions to all municipal corporations across the state to impose 'strict conditions' on Mandals seeking to organise Ganeshotsav, not to use Ganpati idols made from Plaster of Paris (PoP). 

The court said this after taking note of the Central Pollution Control Board's (CPCB) Guidelines on Idol Immersion issued in May 2020 banning the use of PoP. 

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar said henceforth, the civic corporations will have to take undertakings from the Mandals that they will not use PoP idols.

"We understand that the permissions to various Sarvajanik Mandals might have been granted for this year, however, the Mandals seeking permissions for Ganeshotsav shall be clearly intimated that they have to mandatorily follow the guidelines. And they will have to abide by at least one condition i.e. they will not install PoP idols.. in cases where permissions have been granted they must be told that PoP idols not be installed. Where permission isn't granted let the authorities take an undertaking from the mandals that they will not use PoP idols," the Chief Justice said in the order.

As far as household celebrations are concerned, the petitioner's counsel sought some order to keep a check on 'individual sale' of the idols. To this, the Chief Justice responded, "No that is not needed as of now. It can be decided at the final hearing."

During the hearing, the bench emphasised that despite a clear cut ban on the use of PoP idols as mandated by the CPCB guidelines, the same are being used 'unabated' wherein idol manufacturers of the idols continue to make such PoP idols.

"This is because there is no deterrence. Problem is despite all the norms and guidelines in place, the stakeholders knowing fully aware that challenge to the guidelines have failed upto the Supreme Court, there is some lacuna in process of implementing the guidelines... There is no deterrence no fine... You need to introduce some penalty at least put some fine otherwise this will continue. We are not saying to put them (manufacturers) in the prisons but at least impose some fine," the Chief Justice orally remarked. 

The bench had in the morning session orally expressed displeasure over the non-implementation of the guidelines despite the fact that the same have been introduced at least four years ago. It had pulled up the Brihanmumbai Municipal Corporation (BMC) for its 'total failure' in implementing the guidelines. The court had also orally indicated that it will impose a complete ban on the use of the idols even for this year's celebrations.

However, advocate Narayan Bubna appearing for one of the authorities, told the bench that the same should be avoided as it would mean that the "court is stopping the festival." He suggested that proper implementation can be done from next year onwards. 

One of the advocates, also informed the bench about an order passed by the Nagpur bench of the High Court in suo motu proceedings pertaining to the identical issue of use of PoP idols. Subsequently, CJ Upadhyaya adjourned the matter post lunch so that the bench could go through the order of the Nagpur bench.

When the matter was taken up post lunch, CJ Upadhyaya, at the outset, orally clarified, "At the moment we are not going to finalise the matter... We are not going to pass any drastic order and we will only emphasise to please follow the guidelines.... Some accountability needs to be set"

Subsequently, the bench voiced its concern that even if the State considers imposing a fine, it needs to first bring in some statutory framework since the guidelines are not statutory.

Representing the State government, advocate general Birendra Saraf pointed out that the State has taken several steps to make people 'conscious' about using 'eco-friendly' idols instead of PoP ones. The AG further said that there has been some positive impact and people have actually switched to using eco-friendly idols to some extend. 

Taking the same on record, the bench directed all the stakeholders, even the manufacturers of the idols, to file their responses to the PIL petition seeking effective implementation of the CPCB guidelines on immersion of Ganpati idols in water bodies, particularly the clause which bans use of PoP idols.