Ahead of Maghi Ganesh Utsav, Bombay HC calls for strict enforcement of ban on plaster-of-Paris idols
As the idol makers’ association argued that the ban would affect their source of livelihood, the Bombay High Court said it would not allow Supreme Court orders to be defied.
On Thursday, the petitioner’s lawyer, Ronita Bhattacharya-Bector, submitted that the Maghi Ganesh festival would be celebrated on February 1 and 2 across Maharashtra and that Ganesh idols made of plaster of Paris were available in the market. (Representational image/ Photo by Amit Chakravarty)
As Maghi Ganesh Utsav approaches, the Bombay High Court directed the Brihanmumbai Municipal Corporation and other civic authorities in Maharashtra on Thursday to ensure that the Central Pollution Control Board’s (CPCB) guidelines banning the use of idols made of plaster of Paris and their immersion are strictly followed.
The court also questioned the association representing idol makers why its members had not stopped making plaster-of-Paris idols despite repeated court orders over the last several years.
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The May 12, 2020, revised guidelines of the CPCB stipulate that idols made of natural, biodegradable and eco-friendly raw materials be encouraged, allowed and promoted, while idols made of plaster of Paris shall be banned.
A bench of Chief Justice Alok Aradhe and Justice Bharati H Dangre was hearing a PIL petition filed by activist Rohit Manohar Joshi and others, who alleged that the CPCB guidelines have not been implemented.
On August 30 last year, the court directed the BMC and other civic bodies to “clearly intimate” the Sarvajanik Ganeshotsav Mandals to mandatorily follow the CPCB guidelines and abide by a condition that they will not install plaster-of-Paris idols of Ganesh.
On Thursday, the petitioner’s lawyer, Ronita Bhattacharya-Bector, submitted that the Maghi Ganesh festival would be celebrated on February 1 and 2 across Maharashtra and that Ganesh idols made of plaster of Paris were available in the market. The authorities should therefore ensure that the plaster-of-Paris idols are neither sold nor immersed, it was further submitted.
Senior advocate Milind Sathe, representing the BMC, submitted that it would ensure compliance with the revised CPCB guidelines.
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Senior advocate Sanjeev M Gorwadkar, representing the association of idol makers, however, submitted that if an interim order was passed by the court, its members would be deprived of their source of livelihood. He argued that the guidelines do not have legal sanctity to be enforced and that reasonable restrictions would not entail complete prohibition on the use of plaster-of-Paris idols.
“As per the existing position, they should ensure PoP idols are neither sold nor immersed. You have other options (material). It is a recurring issue. What have you been doing for these years?” Chief Justice Alok Aradhe asked.
Gorwadkar responded that owing to certain circumstances, the idol makers have been making plaster-of-Paris idols.
“But the legal position is against you. We cannot allow you to defy SC orders,” the bench said, adding that it would hear idol makers’ submissions later in due course.
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The bench referred to the high court’s 2022 order that refused a challenge made by idol makers against CPCB guidelines, claiming that the norms violated their fundamental rights under the Constitution. Moreover, it referred to a Madras High Court judgment that held that a person has no right to make plaster-of-Paris idols and that the Supreme Court dismissed an appeal against the order in 2023.
“For the aforementioned reasons, we are inclined to grant an interim order. It is directed that respondent corporations shall ensure that clause 2 of the revised guidelines of the CPCB, which bans the making of PoP idols as well as its immersion completely, shall be adhered to strictly in letter and spirit henceforth,” it ordered. The bench will hear the plea next on March 20.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
