Mumbai: Emphasising the need to protect the environment, the Bombay High Court on Tuesday stated that artisans do not have a fundamental right to make idols using Plaster of Paris (PoP).
“You (artisan) don’t have a fundamental right to make an idol of PoP. You don’t have the fundamental right to continue activity which is detrimental to the environment,” observed a bench of Chief Justice Alok Aradhe and Justice M.S. Karnik.
The court made the remarks while hearing a petition filed by Shri Ganesh Murtikar Utkarsha Sanstha Thane, an association of artisans, challenging Clause 2.0 of the 2020 Revised Guidelines issued by the Central Pollution Control Board (CPCB) on idol immersion.
The artisans contended that the ban on PoP idols violated their fundamental rights under Articles 14 (equality), 19 (right to practice any profession), 21 (right to life and liberty), 25 (freedom of religion), and 300-A (protection of property) of the Indian Constitution. They also argued that the CPCB guidelines could not be considered a law enacted by the legislature.
Appearing for the artisans, senior advocate S.M. Gorwadkar submitted that the guidelines do not amount to law. “Earlier orders have not gone in this aspect,” he argued.
However, the bench pointed out that in areas where no specific law exists, guidelines can be framed. “Area where there is no law, guidelines can be gone into,” the judges observed.
The court referred to previous rulings upholding the PoP ban. On July 5, 2021, the National Green Tribunal (NGT) upheld the validity of the CPCB’s 2020 guidelines on idol immersion. This was later affirmed by the Supreme Court on October 25, 2021.
In July 2022, the Bombay High Court had also dismissed a plea challenging the ban on PoP idols. Further, on September 17, 2023, the Madras High Court ruled that no one has a right to manufacture idols using PoP and issued an interim order against their production, sale, and immersion.
During Tuesday’s hearing, the petitioner sought permission to add the Union government as a respondent in the case. The court allowed the request and scheduled the next hearing for April 23.
Earlier, in August 2024, the Bombay High Court had directed the Maharashtra government and the Brihanmumbai Municipal Corporation (BMC) to strictly enforce the PoP ban for the Ganesh Chaturthi festival. The court had ordered civic authorities to inform Sarvajanik Ganesh Mandals that they must comply with the 2020 CPCB guidelines.
These directions were issued while hearing a public interest litigation (PIL) filed by Thane-based activist Rohit Joshi and nine small-scale clay idol makers, seeking strict implementation of the ban.
