The Bombay High Court on Wednesday, August 5, asked Ganesh idol makers and festival organisers to submit scientific evidence proving that plaster of Paris (PoP) is safe for natural water bodies. The court also clarified that it is only examining the environmental impact of PoP idol immersion and not the religious practice associated with the Ganesh festival.
A bench of Justices Ajey Gadkari and Kamal Khata was hearing a group of petitions related to the Central Pollution Control Board's (CPCB) 2020 guidelines. These guidelines ban immersing PoP idols in natural water bodies. Several PoP idol makers and Ganesh mandals have challenged the guidelines. They have argued that the CPCB rules are only advisory in nature and are not legally binding.
Advocate Uday Warunjikar, appearing for the Akhil Sarvajanik Utsav Samiti, Maharashtra, argued that there is no scientific evidence showing that PoP harms the environment. He said PoP has been described as a pollutant in several court orders since 2008. However, he claimed those observations were attributed to other guidelines and not any scientific study.
During the hearing, the court said that the manufacture of PoP idols has not been banned. It added that the restriction only applies to immersing such idols in natural water bodies. The bench said this would not hurt any religious sentiments.
Warunjikar also referred to the Supreme Court's Ayodhya judgement. He argued that idol immersion is an important religious practice. He welcomed the High Court's statement that it would not examine the religious aspect of the Ganesh festival. He further questioned whether the Centre, the Maharashtra Pollution Control Board (MPCB), or the CPCB had any scientific study proving that PoP is a pollutant.
Advocate Prasanna Kutti, representing PoP idol makers from Dhule, argued that clay, also known as sadu, idols can harm more than PoP because they may contain dangerous minerals. He referred to a study published in a journal to support his argument.
Justice Kamal Khata, however, questioned the claim. He asked whether there was proper scientific evidence to support it. The judge said that the court could not accept a claim simply because it had appeared in an international journal.
The Maharashtra government had informed the High Court on Tuesday, August 4, that it would not be practical to shift completely to clay idols this year. It said most of the idols had already been made, making an immediate transition difficult.
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