The Bombay High Court on Monday dismissed a petition challenging the ban on use of plaster of paris (PoP) for making Ganesh idols.
The PIL, filed by an activist Ajay Vaishampayan, claimed that PoP was banned without any scientific tests on its effect on water. He further claimed that Shadu clay idols, used as an alternate option, were more harmful for the environment.
However, a division bench of Chief Justice Dipankar Datta and Justice MS Karnik noted that the Supreme Court had already upheld the ban and hence this court cannot reopen the matter.
The SC had dismissed an appeal against the National Green Tribunal's (NGT) order upholding the ban.
In January 2021, the petitioner along with a sculptor organisation approached the High Court challenging the revised guidelines for idol immersion by the Central Pollution Control Board in 2020. This included the ban on PoP.
The HC had then directed them to approach the NGT. The NGT dismissed their plea observing that while the extent of damage through PoP was not known, it can't be disputed that it was in fact a pollutant.
In November 2021, another person challenged the NGT order before the SC. The apex court refused to hear the plea and upheld the NGT order.
Filing a fresh petition, Ajay Vaishampayan challenged the guidelines and ban on PoP again in HC.
He claimed that the pH level of PoP is similar to that of drinking water on the basis of a lab test. He further claimed that mass production of idols made of Shadu clay was not possible due to non-availability of the clay material.
Mining clay causes soil erosion and as a result of mining, there are lots of pollutants in it, the plea reads. According to an examination conducted in the laboratory, the petitioner claims he found two prominent constituents in the POP, namely calcium & sulphate in Shadu clay. Additionally 16 constituents in the Shadu clay are heavy metals including Lead, Mercury, Arsenic etc. which are all toxic or hazardous content.
Moreover, mass production of Shadu clay idols for a festival like Ganesh Chathurti is not possible since clay is not easily available.
Also, clay idols require extremely skilled labour as compared to PoP which can be mass produced. This also means that Shadu clay idols are very expensive as compared to PoP. Significantly, banning PoP alienated the weaker section from celebrating these festivals owing to the high cost of the idols, according to the petition.
