Ganesh Visarjan: Bombay HC Takes Suo Moto Cognizance To Examine Effects Of Idol Immersions

FACTS OF THE CASE

• The idol makers had approached the Court and challenged the guidelines issued for idol immersion in 2020.
• They stated that they were unable to sell idols made of Plaster of Paris due to which they had to face huge losses.
• The ‘Revised Guidelines for Idol Immersion’, issued by the Central Pollution Control Board, on May 12, 2020 by Central Pollution Control Board, has caused them various problems.
• They informed the Court that about 4.5 lakh idols made from PoP had already been manufactured and are ready to be sold to the devotees during the current season of different festivals.

PETITION FILED

The petitioner submitted a petition stating the following:

• The sudden decision of ban imposed on the sale of PoP made idols, if implemented, will cause the petitioner potential financial loss
• This ban is violative of the petitioner’s right to carry on their trade in a reasonable manner.

ISSUES RAISED

This matter involved some important questions of public interest and the necessity to regulate the use of PoP for manufacturing the idols.

The following issues were raised before the Court:

• Whether the guidelines provided by the Central Pollution Control Board have been implemented by other Municipal Corporations and other local bodies?
• Whether idols which are made up of biodegradable material should be allowed to be disposed of by immersion in natural or man-made water bodies?

OBSERVATIONS MADE BY THE COURT

• The division bench comprising Justice S. B. Shukre and A. S. Kilor received information about an order of 2012. The same petitioner had filed a case, and had retracted their challenge to the then prevailing ban order on PoP idols.
• During that case they had agreed to put up a disclaimer on their shops mentioning about the PoP idols and stating that they can only be immersed in artificial tanks.
• Taking this fact into consideration, the court rejected the petition of "suddenness of the ban" made by the petitioner.
• But in order to safeguard the financial interest of the petitioner, the Court allowed them to sell the PoP idols made till now, as PoP objects and not as idols.
• On Wednesday, The Nagpur Bench of Bombay High Court issued directions for the idol makers.
• The bench held that the idols made from Plaster of Paris (PoP) have to be sold as "PoP objects". They cannot be sold as "idols intended for any kind of worship or to be immersed in any water body".
• The Registry was directed by the Court to prepare for a proper petition and place it before as Public Interest Litigation on August 31, 2021.

DO YOU THINK THE IDOL IMMERSION IN NATURAL WATER BODIES SHOULD BE ALLOWED?