Ahead of Maghi Ganesh Utsav, Bombay HC calls for strict enforcement of ban on plaster-of-Paris idols

The May 12, 2020, revised guidelines of the CPCB stipulate that idols made of natural, biodegradable and eco-friendly earthy materials beryllium encouraged, allowed and promoted, portion idols made of plaster of Paris shall beryllium banned.

A seat of Chief Justice Alok Aradhe and Justice Bharati H Dangre was proceeding a PIL petition filed by activistic Rohit Manohar Joshi and others, who alleged that the CPCB guidelines person not been implemented.

On August 30 past year, the tribunal directed the BMC and different civic bodies to “clearly intimate” the Sarvajanik Ganeshotsav Mandals to mandatorily travel the CPCB guidelines and abide by a information that they volition not instal plaster-of-Paris idols of Ganesh.

On Thursday, the petitioner’s lawyer, Ronita Bhattacharya-Bector, submitted that the Maghi Ganesh festival would beryllium celebrated connected February 1 and 2 crossed Maharashtra and that Ganesh idols made of plaster of Paris were disposable successful the market. The authorities should truthful guarantee that the plaster-of-Paris idols are neither sold nor immersed, it was further submitted.

Senior advocator Milind Sathe, representing the BMC, submitted that it would guarantee compliance with the revised CPCB guidelines.

Senior advocator Sanjeev M Gorwadkar, representing the relation of idol makers, however, submitted that if an interim bid was passed by the court, its members would beryllium deprived of their root of livelihood. He argued that the guidelines bash not person ineligible sanctity to beryllium enforced and that tenable restrictions would not entail implicit prohibition connected the usage of plaster-of-Paris idols.

“As per the existing position, they should guarantee PoP idols are neither sold nor immersed. You person different options (material). It is simply a recurring issue. What person you been doing for these years?” Chief Justice Alok Aradhe asked.

Gorwadkar responded that owing to definite circumstances, the idol makers person been making plaster-of-Paris idols.

“But the ineligible presumption is against you. We cannot let you to defy SC orders,” the seat said, adding that it would perceive idol makers’ submissions aboriginal successful owed course.

The seat referred to the precocious court’s 2022 bid that refused a situation made by idol makers against CPCB guidelines, claiming that the norms violated their cardinal rights nether the Constitution. Moreover, it referred to a Madras High Court judgement that held that a idiosyncratic has nary close to marque plaster-of-Paris idols and that the Supreme Court dismissed an entreaty against the bid successful 2023.

“For the aforementioned reasons, we are inclined to assistance an interim order. It is directed that responsive corporations shall guarantee that clause 2 of the revised guidelines of the CPCB, which bans the making of PoP idols, shall beryllium adhered to strictly successful missive and tone henceforth,” it ordered.

The seat volition perceive the plea adjacent connected March 20.