Ganesha idols up to 6 feet must be immersed in artificial ponds, rules HC

MUMBAI: Bombay High Court mandates immersion of all Ganesh idols up to 6 feet in artificial ponds to protect the environment during celebrations.

MUMBAI: In a major step towards promoting environmentally responsible Ganeshotsav celebrations, the Bombay High Court on Thursday made it mandatory for all Ganesh idols—whether made of clay or Plaster of Paris (PoP)—measuring up to six feet in height to be immersed in artificial ponds provided by municipal corporations and local bodies across Maharashtra.

Ganesha idols up to 6 feet must be immersed in artificial ponds, rules HC

The order came a day after the state government informed the court that it had already made immersion in artificial tanks compulsory for idols up to five feet tall. Expanding the mandate, the bench of chief justice Alok Aradhe and justice Sandeep Marne observed, “We have to make an endeavour that the impact of immersion of idols is bare minimum on the environment. Therefore, idols up to 6 feet should compulsorily be immersed in artificial tanks provided by local bodies.”

The court also directed the state government to ensure its idol immersion policy is implemented “in letter and spirit” and asked all civic authorities in Maharashtra to make appropriate arrangements to enforce the rule.

The aforesaid guidelines of the state government for immersion of idols shall apply to all festivals wherein practice of immersion of idols is followed which are to be celebrated till March 2026.

BMC flags scale of preparations, logistical challenges

During the hearing, senior advocate Milind Sathe, representing the Brihanmumbai Municipal Corporation (BMC), told the court that 85,306 Ganesh idols measuring less than 5 feet were immersed in artificial ponds across Mumbai last year. With the new directive extending the rule to all idols up to six feet, the number of idols expected to be immersed in artificial tanks this year would rise to approximately 1,95,306—an increase of over 110,000.

Sathe added that in 2023, 3,865 idols between 5 and 10 feet in height and 3,998 idols above 10 feet—many of them made of PoP—were immersed in natural water bodies. He pointed out that arranging for the immersion of larger idols in artificial ponds had presented significant logistical challenges in the past, and the new policy would require substantial infrastructural and administrative planning.

Alongside the immersion mandate, the court asked the state to constitute an expert committee to explore eco-friendly methods to recycle PoP material. The committee will be expected to examine scientifically viable ways of dissolving PoP idols without harming the environment.

The legal tussle over PoP continues

The high court was hearing a public interest litigation (PIL) filed by Thane resident Rohit Joshi, seeking implementation of the Central Pollution Control Board (CPCB)’s guidelines prohibiting both the manufacture and immersion of PoP idols. The PIL raised concerns about pollution in rivers, lakes, and other natural water bodies caused by immersion practices.

In contrast, Ganesha idol makers and artisans challenged the CPCB ban, arguing that it threatened their right to livelihood and impacted traditional practices. Taking a balanced view, the court allowed the continued manufacture and sale of PoP idols but barred their immersion in natural water bodies without specific court permission.

“It will be open to the petitioners and artisans to make PoP idols. However, the same shall not be immersed in natural water bodies without the leave of the court,” the bench clarified.

The question of whether PoP idols should be banned from natural water bodies has been under judicial scrutiny since 2003, when the NGO Janhit Manch filed a PIL on environmental grounds. This prompted the CPCB to issue guidelines in 2009, which were updated in 2020 to ban immersion of PoP idols in natural sources while stopping short of prohibiting their production.

A new scientific proposal adds nuance

In April this year, the Rajiv Gandhi Science and Technology Commission (RGSTC)—a statutory body under the Maharashtra government—submitted a report recommending the conditional use of PoP idols. Commissioned by Cultural Affairs Minister Ashish Shelar, the report proposed that PoP idols painted with eco-friendly paints be allowed for immersion in large water bodies such as the sea and major rivers—provided these sites are far from drinking water sources and animal habitats.

The report also recommended exploring “retrievable immersion” methods that would allow PoP idols to be reused, thus minimising waste and damage to aquatic ecosystems.