An expert committee appointed by the Central Pollution Control Board (CPCB) informed the Bombay High Court on Monday that its 2020 guidelines banning Plaster of Paris (PoP) idols are limited to immersion practices and do not prohibit their manufacture [Shri Ganesh Murtikar Utkarsha Sanstha, Thane v State of Maharashtra and Ors].

The committee also clarified that the guidelines are advisory in nature and that it is ultimately up to State government to decide whether PoP idol immersion should be permitted.

This is with the strict caveat that such immersions must not take place in natural water bodies.

A Bench comprising Chief Justice Alok Aradhe and Justice Sandeep Marne, after considering the CPCB affidavit and expert committee’s recommendations, directed the Maharashtra government to take a reasoned decision on whether or not to permit PoP idol immersion

“We therefore deem it appropriate to direct the State to take decision of immersion of PoP idols in light of the recommendation made by the Expert Committee by CPCB. Needless to state that it is open for member of the association or any other artisan to make PoP idols," the Court said.

The Court however, clarified that "the same shall not be immersed in any natural water body” under any circumstance

The clarification came in response to a petition filed by Shri Ganesh Murtikar Utkarsha Sanstha, a Thane-based association of idol artisans, which challenged the CPCB’s 'Revised Guidelines for Idol Immersion' dated May 12, 2020.

The petition said that the guidelines infringe upon the artisans’ right to livelihood under the Constitution.

The CPCB, through its Regional Director Pratik Bharne, submitted an affidavit explaining that the expert committee constituted on May 21, 2025, had reviewed both the 2020 guidelines and the State government’s report titled “Eco-friendly Approaches to Ganesh Idol Immersion and Strategies to Minimize Water Body Pollution.”

According to the affidavit, the committee reviewed past court decisions and concluded that CPCB’s guidelines are not binding and have been misinterpreted.

“ CPCB vide letter dated 09.12.2021 and 17.04.2025 has issued clarification that the guidelines are for idols immersion and not for idols making for other purposes...The expert committee agreed that such guidelines are always advisory in nature, as has been observed by Hon'ble NGT and Hon'ble High Court in above mentioned orders. The Expert committee is of the opinion that State Governments may decide for allowing immersion of idols made of PoP subject to following condition,” the affidavit said.

The committee recommended that PoP idol immersions may be permitted by the State if conducted in designated artificial ponds or tanks with clear post-immersion cleanup protocols. It also advised that PoP residues be collected and stored in an environmentally sound manner until they are reused or disposed of sustainably.

During the hearing, Advocate General Birendra Saraf, representing the State of Maharashtra, sought exemption for large idols, noting that “it has become part of our culture.”

Justice Marne then asked whether the State would be willing to frame guidelines for the immersion of large idols.

The Court concluded by directing the State to revisit the issue and take a fresh decision on whether to allow immersion of PoP idols. It will hear the matter next on June 30.

Senior Advocate S M Gorwadkar appeared for artisans.

Advocate Abhinandan Vaigyanik appeared for CPCB.

Advocate General Birendra Saraf appeared for State.