In a significant development, the Bombay High Court has clearly stated that idols made of Plaster of Paris (PoP) shall not be immersed in any natural water body under any circumstances. The court passed this order on June 9, during a hearing of a Public Interest Litigation (PIL) raising concerns about ongoing violations of pollution control guidelines.
A division bench comprising Chief Justice Alok Aradhe and Justice Sandeep Marne took a firm stand on the issue, directing the State to make a clear decision regarding the immersion of PoP idols based on recommendations from the Central Pollution Control Board (CPCB).
“We therefore, deem it appropriate to direct the State to take a decision w.r.t. to immersion of idols made of PoP in light of the recommendations made by the CPCB expert committee... Needless to state that it will be open for associations or artisans to make idols of PoP, however the same shall not be immersed in any natural water body,” the bench said while dictating the order.
The CPCB, in its expert committee report, had earlier recommended that PoP idols can be manufactured but should not be immersed in rivers, lakes, or other natural water sources. The committee made it clear that such idols must be immersed only in artificial water tanks. The CPCB also submitted an affidavit stating that its guidelines are advisory and not statutory.
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The PIL brought to light that despite the existing ban, many PoP idols were still being immersed in natural water bodies during religious festivals, leading to serious environmental concerns.
Advocate General Dr. Birendra Saraf, representing the State, asked for a certain "leeway" with respect to large-sized idols, particularly those over 20 feet tall. He argued that these idols had become an integral part of cultural traditions.
“Mr AG, we are sure about the fact that any PoP idol will not be permitted to be immersed in a natural water body. You can create artificial water bodies and immerse the PoP idols there,” the bench said during the hearing.
Dr. Saraf also added that the State Government would not interfere if community mandals opted to use the same idol every year instead of creating new ones for immersion.
To this, the bench responded, Yes, you take a decision.
The bench finally passed an order directing the State to take a decision regarding PoP idol immersions within three weeks, keeping in mind the CPCB’s advisory.
The court has listed the matter for further hearing on June 30, where the State’s decision and further steps will be reviewed.
