Mumbai: Bombay High Court on Monday lifted the ban on the manufacture of Plaster of Paris (PoP) idols and directed the state govt to take a policy decision on their immersion within three weeks.Chief Justice Alok Aradhe and Justice Sandeep Marne passed the order following the Central Pollution Control Board’s expert committee on May 21 clarifying that CPCB’s May 2020 revised guidelines banning manufacture and immersion of PoP idols “are always advisory in nature”. The committee opined that the making of PoP idols is not prohibited. It recommended that state govts may decide to allow immersion subject to conditions, including ensuring designated temporary artificial tanks/ponds for immersion of PoP idols. However, immersion will not be allowed in natural water bodies such as rivers, lakes, ponds, and the sea.Hence, the judges modified the Jan 30 order that directed strict enforcement of CPCB’s ban and asked the state to take a decision on their immersion. The Jan 30 interim order was passed on a PIL by three activists and nine clay-based idol-makers to enforce CPCB’s May 2020 ban. Petitions were also filed by associations of PoP idol-makers, saying the ban violates their fundamental rights, including the right to carry on trade.Advocate Uday Warunjikar and senior advocate S M Gorwadkar, for the petitioners, said the state govt appointed an expert committee whose report was sent to CPCB, which set up its own committee to look into the former’s recommendations. With CPCB’s clarification, they urged the HC to modify the Jan 30 order that “completely banned the manufacture and sale” of PoP idols and to direct the state to take a decision on their immersion.Advocate general Birendra Saraf urged that at least for huge idols “that are 20 feet,” some exemption be granted to immerse in natural water bodies, adding, “Some statues have become so much part of our culture…” “Large size idols, you work out a solution. Because the court may not be an ideal place… One thing we are clear about is that we will not allow immersions in a natural water body,” the CJ said.The judges said it will be open to members of the petitioner association as well as other artisans to make PoP idols subject to compliance with the Sept 2012 Nagpur bench order, pointed out by senior advocate Mihir Desai for PIL petitioners, to put a red mark to distinguish PoP idols. “However, it is directed that such idols shall not be immersed without leave of this court,” they added, and posted the hearing on June 30.
