HC lifts ban on manufacturing PoP idols, bars immersion in natural water bodies

The petitioners argued that despite the CPCB’s directives, many manufacturers continued to produce PoP idols in violation of the ban. On the other hand, a related writ petition contended that the CPCB guidelines infringed on artisans’ fundamental right to livelihood by restricting their traditional trade

MUMBAI: The Bombay High Court on Monday modified its January 2025 order that had imposed a blanket ban on the manufacture and sale of Plaster of Paris (PoP) idols. While the court has now allowed the manufacturing and sale of PoP idols to resume, it made it clear that such idols cannot be immersed in natural water bodies.

HC lifts ban on manufacturing PoP idols, bars immersion in natural water bodies

A division bench of chief justice Alok Aradhe and justice Sandeep Marne was hearing a public interest litigation filed in view of the upcoming Ganesh festival, seeking enforcement of the Central Pollution Control Board’s (CPCB) revised guidelines that prohibit the manufacture of PoP idols.

The petitioners argued that despite the CPCB’s directives, many manufacturers continued to produce PoP idols in violation of the ban. On the other hand, a related writ petition contended that the CPCB guidelines infringed on artisans’ fundamental right to livelihood by restricting their traditional trade.

After considering the submissions, the court permitted the continued manufacture and sale of PoP idols, while prohibiting their immersion in natural water bodies without prior 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 stated.

Advocate general Birendra Saraf, appearing for the state, submitted that the government needed more time to take a final decision on idol immersions based on the CPCB’s recommendations. The court accepted the request and posted the matter for further hearing on June 30.

Reiterating its stand, the court said, “We are clear that any PoP idol shall not be allowed to be immersed in a natural water body. Artificial water bodies can be created for such immersions.”

The issue of PoP idol immersion has been under judicial scrutiny since 2003, when NGO Janhit Manch filed a PIL seeking a complete ban on immersions in natural water sources due to pollution concerns.

In 2009, the CPCB formed a committee to draft guidelines aimed at curbing pollution during religious festivals. These were revised in 2020, banning the immersion of PoP idols in natural water bodies, but stopping short of banning their manufacture.

A more recent report submitted on April 29 by the Rajiv Gandhi Science and Technology Commission (RGSTC)—a statutory body of the Maharashtra government—has added fresh perspective to the debate. Commissioned by Cultural Affairs minister Ashish Shelar, the report recommended conditional use of PoP idols.

It proposed allowing PoP idols painted with eco-friendly paints to be immersed in large water bodies such as the sea and major rivers, provided these sites are located far from drinking water sources or animal habitats. The report also suggested exploring “retrievable immersion” methods to enable the reuse of PoP idols.