Ganesh Chaturthi: Bombay High Court accepts new State policy which bats for idol immersion in artificial ponds instead of rivers, lakes

The Bombay High Court was recently told that the Maharashtra government has come up with a new policy which will allow immersion of Plaster of Paris (PoP) and other Ganpati idols, preferably in artificial ponds instead of rivers and lakes during the Ganesh Chaturthi festival [Court on its own motion vs Union of India]..A division bench of Justices Atul Chandurkar and Urmila Joshi Phalke at Nagpur bench, accepted the policy of the State and said that the same will operate until a comprehensive one is framed. "In the said policy the manner in which the idols are to be immersed preferably in artificial water bodies rather than rivers, lakes and ponds has been enumerated. The role and responsibilities of the local and urban authorities have been stipulated therein. The said policy is to operate till a comprehensive policy is framed," the bench said..The Court was hearing a suo motu case regarding the concerns arising from the use of PoP for making religious idols during Ganesh festival and Navratri. It had also noted the impact of oil paints - used for painting such idols - on the water bodies where such idols are usually immersed.The State's policy, running into 45 pages, said that a committee was appointed by the State to make suggestions with regard to the issues raised by the Court.The committee made suggestions pursuant to the same which were reflected in the report.As per the same, natural clay to dried flowers, straw or other eco-friendly materials should be used to make articles which decorate the idols. Even the heights of the idols have to be regulated..It was also suggested local bodies to issue licences to artisans, who make clay and eco-friendly idols and avoid using PoP."Large scale manufacturers (involved in making idols more than 100 in a day) shall obtain registration from the concerned local bodies along with the prescribed fee and a deposit (as decided by the local body). If they fail to comply with these guidelines or any violation of registration or permission conditions, registration or permission granted shall be cancelled apart from banning them from making idols at least for two year. The idols brought from outside of local body should conform to this policy," the committee said..As regards the immersion, the suggestion was to direct authorities to ensure that most idols are immersed in artificial water bodies."Instead of immersion of idols in water bodies, all the resident welfare associations or individual households in a city or town or village should be encouraged to create temporary ponds or tanks of suitable size and adequate capacity with necessary provision for collection and storage of segregated waste prior to immersion, and public should be involved for immersion of idols in such artificial ponds or tanks. The waste generated from designated idol immersion activity sites shall be collected and disposed of safely by the local body within 24 to 48 hours," the policy said. .In case, idols are to be immersed in rivers, lakes or ponds, the policy suggested earmarking of a designated location (having proper approach, access, corner portion of river, pond or lake, having shallow depth of water in river or lakes or ponds) so as to avoid contamination of water body along with safety provision, preferably steel or wooden barricades, to be made by the nconcerned local body.During the hearing held on August 29, the bench in its order noted that a technical committee consisting of six members including representatives of the Central Pollution Control Board (CPCB) and other experts has been constituted to frame a policy that would operate from 2023. It is expected to give its report within three months."Insofar as the policy for the present year is concerned, suffice to observe that the State Government would give adequate publicity to the policy so as to create greater awareness amongst the members of the public. Similarly, it is expected that the local bodies, urban authorities and district authorities would take all necessary steps at their level to ensure that the policy as framed achieves the desired results as intended, this year," the bench said.The matter would be next heard on September 21.Senior Advocate Sunil Manohar along with Government Pleader Ketaki Joshi represented the State..[Read Order].[Read State Policy]