Intimate Ganesh mandals of following norms of not installing PoP idols: High Court to civic bodies

It suggested the state government come up with a statutory mechanism with deterrent measures including imposing fines in case of violation of guidelines.

Noting that the permissions to various mandals have been granted by now, the bench said the mandals shall be informed that they shall mandatorily follow guidelines.

The court added that in cases where permissions are already granted, an additional condition shall be immediately added to not install PoP idols.

It asked the municipal corporations to convene emergent meetings chaired by their commissioners and attended by senior police officer for re-framing the formats of the application form for permissions to incorporate additional condition.

In the pre-lunch session, a bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar had indicated ordering ban on use and sale of PoP citing “extraordinary situation as the guidelines were not being followed in letter and spirit”.

However, in the post-lunch session, the court referred to the August 28 order of its Nagpur bench led by Justice Nitin W Sambre passed in a suo motu PIL.

The Nagpur bench, while directing authorities to update application forms for permissions in tune with revised guidelines, had noted that a clear understanding be given to the mandals that violation of such guidelines entail not only initiation of prosecution but imposition of penalties as per the Control of the Pollution Act, 1974.

“In our opinion sufficient measures have not been taken in the sense that non adherence of guidelines does not entail any deterrence such as imposition of fine etc,” Chief Justice Upadhyaya-led bench noted.

“Something has to be there so that accountability be fixed and manufacturers be made accountable. It is also a matter related to the livelihood of artisans… Take a policy decision, something needs to be done so that it is deterrent,” CJ Upadhyaya orally remarked.
The HC was hearing a PIL by activist Rohit Manohar Joshi and others who argued through advocate Ronita Bhattacharya-Bector against non-implementation of guidelines.

The revised guidelines of CPCB of May 12, 2020 prescribed that idols made of natural, biodegradable and eco-friendly raw material be encouraged, allowed and promoted and idols made of the PoP shall be banned.

Advocate General Birendra Saraf for state government cited circulars issued by its environment department to heads of civic bodies in the state wherein it has clearly been directed that these bodies shall scrupulously implement revised guidelines for idol immersion.

“We expect instructions issued and directions given by the state shall be implemented by all concerned,” the bench noted.

The association representing idol makers submitted that as they have received orders for idols months ago, any direction putting a complete ban on use of PoP at present juncture would not be in interest of artisans whose livelihoods would be at stake.

However, the bench said the authorities and artisans cannot resort to such a plea as the challenge to the guidelines, which were promulgated as far back as in May, 2020, could not succeed before the Supreme Court.

It said that while the implementation of guidelines was deferred for a year, “since at least more than three years guidelines are in place, and despite various steps taken by civic bodies and state government, use of PoP has not stopped.”

The court noted that the intervention by idol makers “revealed that so far as ban on PoP idols is concerned, it has not been enforced in full measure.” It sought affidavits in reply to PIL by civic authorities and posted further hearing to October 21.