Thane idol makers move HC against ban on PoP idols

A Thane-based association of idol makers, Shri Ganesh Murtikar Utkarsha Sanstha, has approached the Bombay high court, challenging the guidelines issued by the Central Pollution Control Board (CPCB), which prohibit the use and immersion of Plaster of Paris (PoP) idols.

MUMBAI: A Thane-based association of idol makers, Shri Ganesh Murtikar Utkarsha Sanstha, has approached the Bombay high court, challenging the guidelines issued by the Central Pollution Control Board (CPCB), which prohibit the use and immersion of Plaster of Paris (PoP) idols. It alleged that the guidelines violated the constitutional rights of the members of the association. The CPCB guidelines banned PoP idols and mandated usage of only biodegradable, eco-friendly materials in idol-making.

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The division bench of chief justice Alok Aradhe and justice MS Karnik directed the association to amend its petition and implead the Union of India as a respondent party.

Earlier, on January 30, the court had ordered civic bodies to strictly enforce the ban on sale, manufacturing, and immersion of idols made of Plaster of Paris (PoP) during the festival. The court directed the Brihanmumbai Municipal Corporation (BMC) and other corporations to ensure strict adherence to the guidelines issued by the CPCB on May 12, 2020.

Senior advocate Sanjeev Gorwadkar, representing the association, submitted that the guidelines should not be binding and legally enforced, remarking that it cannot be interpreted as law. “The guidelines are in violation of constitutional rights guaranteed under article 14, 19 and 21 of the Constitution,” he said.

On the other hand, ruling against the usage of PoP idols, the division bench observed that the National Green Tribunal (NGT) in 2021 upheld the rationality of the clause under the guidelines. Moreover, the Supreme Court has dismissed petitions against NGT orders in the past. The bench also highlighted Madras high court’s dismissal of a Special Leave Petition (SPL) in 2023, which had granted an interim order to stop manufacturing and sale of PoP idols, stating that a person has no right to make such idols.

The court is set to hear the case on April 23 for further consideration.