The Bombay High Court on Thursday dismissed a petition seeking permission to immerse eco-friendly Ganpati idols in natural water bodies, ruling that individual rights cannot supersede the community’s right to clean water.
A bench of Acting Chief Justice Shree Chandrashekhar and Justice Aarti Sathe was hearing a challenge to the Brihanmumbai Municipal Corporation’s (BMC) guidelines mandating that idols less than six feet in height be immersed in artificial ponds.
The court stressed that the right to clean air and water is now recognized as a fundamental right of every citizen.
“The right to clean air and water have attained the status of fundamental right. When faced with an issue regarding enforcement of individual rights against fundamental rights of citizens and rights of community, hardship to individuals cannot override the larger issues involved,” the bench observed.
The petition was filed by Sanjay Shirke, who sought to allow immersion of eco-friendly idols in natural water bodies, including the heritage Banganga talao in south Mumbai. Shirke argued that such immersions had been permitted in the past.
However, Advocate General Birendra Saraf opposed the plea, asserting that the petitioner had no fundamental right to immerse idols in a protected monument like Banganga talao, which falls under the Ancient Monuments and Archaeological Sites and Remains Act.
The bench upheld both the BMC’s Standard Operating Procedure (SOP) and the Maharashtra Pollution Control Board’s (MPCB) notification banning immersions at Banganga talao, noting that these measures were in the interest of public welfare.
The Central Pollution Control Board’s guidelines already prohibit immersion of Plaster of Paris (PoP) idols in natural water bodies to prevent pollution. Following this, the Maharashtra government mandated that idols below six feet be immersed in artificial tanks, while taller ones may be immersed in natural water bodies.
