In a significant legal move, a Thane-based idol makers’ association, Shri Ganesh Murtikar Utkarsha Sanstha, has filed a petition in the Bombay High Court, challenging the enforcement of guidelines issued by the Central Pollution Control Board (CPCB). These guidelines ban the use and immersion of idols made from Plaster of Paris (PoP), advocating instead for idols made of biodegradable and eco-friendly materials.
The association contends that these guidelines infringe upon the constitutional rights of its members. The rules in question were introduced by the CPCB to mitigate environmental damage, specifically targeting the widespread tradition of idol immersion in water bodies during festivals.
During a recent hearing, the division bench, comprising Chief Justice Alok Aradhe and Justice MS Karnik, instructed the idol makers to amend their petition to include the Union of India as a respondent party. This development follows a directive issued on January 30, wherein the court ordered municipal bodies to rigorously enforce the ban on the sale, manufacture, and immersion of PoP idols.
Senior Advocate Sanjeev Gorwadkar, representing the idol makers, argued that the CPCB guidelines should not have the force of law. He emphasized that “the guidelines are in violation of constitutional rights guaranteed under Articles 14, 19, and 21 of the Constitution.”
The bench referenced several precedents in their observations, including a 2021 ruling by the National Green Tribunal (NGT) which upheld the validity of these guidelines. Furthermore, the Supreme Court has previously dismissed appeals against the NGT’s decisions. The bench also mentioned a 2023 case from the Madras High Court, which denied a Special Leave Petition that sought an interim order against the manufacturing and sale of PoP idols. The Madras High Court had ruled that there is no inherent right to produce such idols, aligning with environmental concerns.
