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Bombay High Court Issues Interim Order Prohibiting Sale And Immersion Of PoP Idols For Ganesh Maghi Festival
Sanjana Dadmi
30 Jan 2025 6:41 AM
The Bombay High Court today (30 January) issued an interim order against the manufacture, sale and immersion of Plaster of Paris (PoP) idols for the upcoming Ganesh Maghi festival.A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre took note of the Central Pollution Control Board's (CPCB) Guidelines on Idol Immersion issued on 12 May 2020 banning the use of PoP...
The Bombay High Court today (30 January) issued an interim order against the manufacture, sale and immersion of Plaster of Paris (PoP) idols for the upcoming Ganesh Maghi festival.
A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre took note of the Central Pollution Control Board's (CPCB) Guidelines on Idol Immersion issued on 12 May 2020 banning the use of PoP idols.
The petitioner's counsel submitted that despite the CPCB guidelines and the High Court's previous order prohibiting PoP idols usage, they are being sold and distributed by vendors.
The respondent-association of idol makers submitted that banning PoP idols would affect their profession. They argued that the CPCB guidelines are not binding and that the CPCB did not carry out any environmental assessment before issuing guidelines.
However, the Court observed that it had in June 2022 dismissed the challenge to the ban of PoP Ganesh idols in the case of Ajay Vaishampayan vs. State (2022 LiveLaw (Bom) 234).
The Court also referred to a Madras High Court's decision in District Collector, Tirunelveli v Prakash (2023 LiveLaw (Mad) 270), where it was observed that the artisans had no right to make idols using PoP material. The said decision was also upheld by the Supreme Court.
In view of the above, the High Court granted interim order in favour of the petitioners, prohibiting the sale and immersion of PoP idols by artisans and vendors.
The Court directed the Municipal Corporations to ensure that the CPCB's guidelines on idol immersion are adhered to in letter and spirit.
The Court will now hear the matter on 20 March.
Case Title: Rohit Manohar Joshi And Ors Vs State Of Maharashtra And Ors (PIL/96/2024)