Ahead of Maghi Ganesh, Bombay HC reinforces ban on PoP idols | Mumbai News

Bombay High Court has directed civic bodies and district collectors to strictly enforce the Central Pollution Control Board’s ban on plaster of Paris (PoP) idols ahead of the Maghi Ganesh festival.

MUMBAI: Bombay HC Thursday directed civic bodies, including BMC, and district collectors to strictly adhere to the Central Pollution Control Board‘s ban on plaster of Paris (PoP) idols, while granting no relief to idolmakers for the Maghi Ganesh festival that begins Saturday.
Chief Justice Alok Aradhe and Justice Bharati Dangre directed that they ensure the clause in CPCB’s May 2020 revised guidelines “which bans the making of PoP idols as well as its immersion completely, shall be adhered to strictly in letter and spirit henceforth”.
The interim order to enforce the ban was passed on a pending PIL by activists pushing for the ban. Earlier on Aug 30, HC had directed civic bodies to intimate Ganesh mandals not to install PoP idols, but petitioners’ advocate Ronita Bhattacharya Bector said they are being sold for the Maghi Ganesh festival, which celebrates the birth of Lord Ganesh and has gained popularity in recent years.
Senior advocate S M Gorwadkar argued that it is the eve of the festival and his clients have already sold idols. The judges questioned why they were manufacturing such idols “when it is against the law”.

HC: What right do you have to make only PoP idols?

Gorwadkar, arguing for an association of idolmakers, said an interim order will deprive them of their livelihood. The judges cited Madras high court’s Sept 2023 order that held that a person has no right to make an idol of plaster of Paris (PoP) and passed an interim order against the manufacture, sale, and immersion of such idols. The Supreme Court upheld it.
Gorwadkar further said the CPCB admitted that guidelines were issued without an environmental impact assess ment study. He said the guidelines do not have legal sancti ty as they do not fall in the category of law made by a com petent legislature to prohibit under the fundamental right to carry on any occupation. He added that a reasonable restriction on the right does not entail complete prohibition.
The judges said they would hear the association’s plea against the guidelines later but would pass the interim order for the impending festival. “As per the existing position, they [authorities] should ensure PoP idols are n either sold nor immersed,’’ the CJ said.
Gorwadkar said his clients will be prosecuted. “You have other options…It is a recurring issue. What have you been doing for years together?
It did not come up all of a sudden,’’ the CJ said. “You have a right to make an idol. But what right do you have to make an idol of plaster of Paris only? A particular material …any other eco-friendly material you are opposed to…”
Gorwadkar replied that due to “circumstances and social forces we are making them for decades”.
“The legal position as it stands today is against you,’’ the CJ said, adding that unless and until the guidelines are struck down “we cannot permit you to act in defiance” of orders.