Bombay HC Questions Authority On PoP Idol Immersion

The Bombay High Court on Wednesday raised questions about the competent authority to regulate pollution caused by the immersion of Plaster of Paris (PoP) idols in natural water bodies. This comes after the Central Pollution Control Board's (CPCB) 2020 guidelines were deemed advisory and not legally binding.

A bench of Justices Ajey Gadkari and Kamal Khata was hearing a batch of petitions filed by Thane-based environmentalist Rohit Joshi, seeking strict implementation of the CPCB guidelines. The court was also hearing petitions filed by PoP idol manufacturers, who claim the guidelines violate their fundamental right to carry on business.

The PoP idol manufacturers argued that the CPCB guidelines are only advisory and do not prohibit the manufacture of PoP idols. They submitted that the restrictions relate only to immersion and not to manufacturing or sale. Justice Gadkari remarked that the manufacturers' argument seemed to be centered around not wanting a ban on PoP idols.

The manufacturers clarified that they were not insisting on immersion in natural water bodies and would obey local bodies' directions to immerse idols in artificial ponds. However, they pointed out that idol makers have no control over where devotees ultimately immerse the idols.

The bench observed that this approach seemed practical but questioned the legal framework. Justice Gadkari asked the manufacturers to identify the competent authority to regulate PoP idol immersion if the CPCB guidelines are not binding.

The CPCB advocate, Abhinandan Vagyani, stated that the guidelines deal only with immersion and not with the manufacture or sale of PoP idols. He added that the guidelines were issued pursuant to the High Court's directions and not under any specific statutory provision.

Joshi's advocates argued that the CPCB guidelines had always been treated as binding until the present stand that they are merely advisory. They opposed the state's policy permitting immersion of PoP idols above six feet in natural water bodies, citing the pollution caused by PoP.

The state had sought the court's permission to continue the practice, citing experiments to collect and process immersed PoP for reuse. However, Joshi's advocates argued that PoP does not dissolve and pollutes water, regardless of where it is immersed.

The court's questioning highlights the need for clarity on the regulatory framework surrounding PoP idol immersion. The issue has sparked debate about the balance between environmental concerns and the rights of idol manufacturers and devotees.

The Bombay High Court's decision will have significant implications for the regulation of PoP idol immersion in Maharashtra. The court's ruling will provide clarity on the competent authority to regulate this practice and the binding nature of the CPCB guidelines.

In the context of Mumbai and the surrounding areas, the issue of PoP idol immersion is particularly relevant. The city's water bodies, including rivers and lakes, are often used for idol immersion, leading to pollution and environmental concerns.

The court's decision will also impact the state's policy on PoP idol immersion. The state government had sought to continue the practice, citing experiments to mitigate the environmental impact. However, the court's ruling may lead to a re-evaluation of this policy and the implementation of stricter regulations to protect the environment.

Ultimately, the Bombay High Court's decision will contribute to the ongoing discussion about the balance between environmental protection and religious practices. The court's ruling will provide clarity on the regulatory framework surrounding PoP idol immersion and will have significant implications for the environment and the rights of idol manufacturers and devotees.

The issue of PoP idol immersion is a complex one, involving environmental, social, and cultural considerations. The Bombay High Court's decision will be closely watched, as it will set a precedent for the regulation of this practice in Maharashtra and potentially elsewhere in the country.

In conclusion, the Bombay High Court's questioning of the competent authority to regulate PoP idol immersion highlights the need for clarity on the regulatory framework surrounding this practice. The court's decision will have significant implications for the environment, idol manufacturers, and devotees, and will contribute to the ongoing discussion about the balance between environmental protection and religious practices.