Thane Ganesh artisans move Bombay High Court against prohibition, immersion of PoP idols

Mumbai: With just five months to go for 'Ganeshotsav', the body of idol makers have moved the Bombay High Court challenging the guidelines of the Central Pollution Control Board (CPCB) which prohibit the use of idols made of Plaster-of-Paris (PoP) and their immersion.

On January 30, two days prior to Maghi Ganesh Utsav, a division bench headed by by Chief Justice Alok Aradhe had directed the BrihanMumbai Municipal Corporation (BMC) and Maharashtra Pollution Control Board (MPCB) and other agencies to ensure the CPCB guidelines are strictly followed.

The petition filed by Shri Ganesh Murtikar Utkarsha Sanstha Thane, an association of artisans, came up for hearing before a division bench comprising Chief Justice Alok Aradhe and Justice M S Karnik.

“You 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,” the bench observed.

The next hearing would be held on April 23.

It may be mentioned that State Environment Minister Pankaja Munde, during the Budget session, informed that the government had requested Anil Kakodkar, head of the Rajiv Gandhi Science and Technology Commission (RJSTC), to conduct a study and share the exact reasons why POP idols were bad for water bodies.

The artisans had 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.