Mumbai: Batting for stricter enforcement of the ban on idols made of Plaster of Paris (PoP), the Bombay High Court on Wednesday said citizens must show the will to opt for eco-friendly clay idols.
A bench of Chief Justice Alok Aradhe and Justice M S Karnik noted that while the court could keep issuing orders, effective implementation ultimately depended on people’s cooperation. “People can buy clay idols. Will of the people should be there. We may pass orders…,” the bench observed.
The court also questioned the legality of immersing PoP idols, stating, “Idols of PoP are prohibited. Which provision of law confers the right on you to immerse idols of PoP? That is the question.”
The HC is hearing a batch of petitions both challenging and supporting the PoP ban, pursuant to guidelines issued by the Central Pollution Control Board (CPCB) in 2016. Clause 2.0 of the CPCB’s 2020 Revised Guidelines strictly prohibits immersion of PoP idols in natural water bodies.
In an earlier hearing on March 25, the court underscored the need to protect the environment, stating that artisans had no fundamental right to manufacture PoP idols. “You don’t have a fundamental right to continue activity which is detrimental to the environment,” it said.
The court said it intends to hear the matter in detail in August and issue a ruling before the Ganesh festival. However, advocate Uday Warunjikar, appearing for an artisans’ association, urged for an earlier hearing, citing that idol-making typically begins 2–3 months before the festival. The court has now scheduled the hearing for May 5.
Artisans’ associations have challenged the CPCB guidelines, arguing that the PoP ban violates 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 Constitution. They have also contended that CPCB guidelines are not laws enacted by the legislature.
Meanwhile, a 2023 PIL by Thane-based activist Rohit Joshi and nine small-scale clay idol makers had sought strict enforcement of the ban. Following this, the HC had directed the BMC and state authorities to ensure compliance.
