'Who Can Regulate PoP Idol Immersion If CPCB Guidelines Are Only Advisory?': Bombay HC Questions Legal Authority

Mumbai, July 15, 2026: The Bombay High Court on Wednesday questioned who would be the competent authority to regulate pollution caused by the immersion of Plaster of Paris (PoP) idols in natural water bodies if the Central Pollution Control Board’s (CPCB) 2020 guidelines are only advisory and not legally binding.

Court Questions Legal Framework

A bench of Justices Ajey Gadkari and Kamal Khata was hearing a batch of petitions filed by Thane-based environmentalist Rohit Joshi seeking strict implementation of the CPCB guidelines prohibiting the immersion of PoP idols in natural water bodies.

The court was also hearing petitions filed by PoP idol manufacturers challenging the guidelines, claiming they violate their fundamental right to carry on business.

Appearing for the PoP idol manufacturers and artisans, advocates Uday Warunjikar and Sanjeev Gorwadkar argued that the CPCB guidelines are only advisory and do not prohibit the manufacture of PoP idols. They submitted that the restrictions relate only to immersion and not to manufacturing or sale.

“The crux of your argument is that you don’t want a ban on PoP?” Justice Gadkari remarked.

The manufacturers clarified that they were not insisting on immersion in natural water bodies. “We are not saying it must be in natural water bodies. We also care for the environment. If local bodies direct immersion in artificial ponds, we will obey,” Gorwadkar told the court, adding that idol makers have no control over where devotees ultimately immerse the idols.

The bench observed that this appeared to be a practical approach but questioned the legal framework. “If you say the CPCB has no power, then tell us who is the competent authority,” Justice Gadkari asked. “If this is advisory in nature, then what is the legal position?”

Guidelines Under Scrutiny

Appearing for the CPCB, advocate Abhinandan Vagyani said the guidelines deal only with immersion and not with the manufacture or sale of PoP idols. He submitted that they were issued pursuant to the directions of the High Court and not under any specific statutory provision. He added that an expert committee had submitted recommendations, on the basis of which the guidelines were issued.

Joshi's advocates, Mihir Desai and Ronita Bhattacharya, argued that the CPCB guidelines had always been treated as binding until the present stand that they are merely advisory.

Last year, the state had issued a policy permitting immersion of PoP idols above six feet in natural water bodies. This year too, the state sought the court's permission to continue the practice as it was experimenting, on a pilot basis at a few places, to collect the immersed PoP and process it for reuse.

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Opposing the state's policy, Desai said, “PoP by definition does not dissolve. Whether you immerse it in a river or the sea, it pollutes water which people use for drinking.”

He argued that the issue was environmental protection and not religious sentiments. “Our case is simple. Manufacture whatever you want, but don't immerse PoP idols in natural water bodies,” Desai submitted.

The High Court will continue hearing arguments in the pleas on Thursday.

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