Bombay High Court upholds ban on Plaster of Paris idols for Maghi Ganapati festival

The Bombay High Court on Thursday passed an interim order upholding the ban on making and immersing Plaster of Paris (POP) idols ahead of the Maghi Ganapati festival in Maharashtra..Maghi Ganapati Jayanti falls on February 1 this year. It is celebrated to mark the birth of Lord Ganapati and traditionally involves making idols of the Hindu god which are later immersed in water bodies to mark the deity's return to his celestial home. The Central Pollution Control Board (CPCB) has banned the use of Plaster of Paris (POP) to make such idols, reasoning that the immersion of POP idols causes irreversible pollution to water bodies in its guidelines issued in May 2020. Today, a Bench comprising Chief Justice Alok Aradhe and Justice Bharati Dangre directed local authorities in Maharashtra to strictly enforce guidelines issued by the CPCB to prohibit the use of POP idols, ahead of the upcoming festivities..The directions were issued to the Brihanmumbai Municipal Corporation (BMC), six other municipal corporations, four municipal councils as well as district collectors of the State. "Respondents 3-19 corporations shall ensure that clause 2 of revised guidelines issued by CPCB which bans the making of pop as well as its immersion shall adhered to strictly in letter and spirit," the Court ordered, while granting interim relief to petitioners that had called for the effective enforcement of the CPCB guidelines.The Court also refused to entertain a plea by idol makers against the ban at the interim stage. .The Court was hearing a PIL petition filed by activist Rohit Manohar Joshi and others who claimed that the CPCB guidelines were not being properly enforced.Back in August 30 last year, the Court had instructed the BMC and other civic bodies to ensure that the Sarvajanik Ganeshotsav Mandals were clearly informed about the need to follow the CPCB guidelines. The Court had specifically emphasized then that plaster-of-Paris (POP) idols of Ganesh should not be used..During the hearing on Thursday, the petitioners submitted that POP idols were still being sold despite the CPCB’s ban on them from 2020. Their counsel, Ronita Bhattacharya, pointed out that the authorities were in agreement about the ban, yet the idols continued to be available.Senior Advocate Milind Sathe, representing the BMC, assured the court that the civic body would make sure the revised guidelines are followed and that Sarvajanik Mandals would not be allowed to use POP idols..An idol makers’ association, which had intervened in the case, argued that enforcing the interim order would harm their livelihood. They further contended that the CPCB guidelines were introduced without proper environmental impact assessment and therefore, shouldn't be made applicable to them.However, the Court reminded the parties that the Bombay High Court had already dismissed a challenge to the POP idol ban in 2022. It also referred to an interim order from the Madras High Court in 2023, which banned POP idols, with the same being subsequently upheld by the Supreme Court. The Court made it clear that it could not allow idol makers to defy an interim order already upheld by the apex court.."You have a right to make idols… What right do you have to make POP idols? You can't be allowed to violate the Madras High Court interim order that has been upheld by the Supreme Court," the Court remarked while rejecting the idol makers' plea.The matter will be heard next on March 20. .[Live Coverage below]