[Ganesh Chaturthi] Frame policy to regulate use of PoP, oil paint for idols: Bombay High Court to State

The Nagpur Bench of Bombay High Court has directed the Maharashtra government to frame a policy to regulate use of Plaster of Paris (PoP) for making Ganpati idols and oil paints for their decoration [Court on its own motion vs Union of India]..The direction was passed by a division bench of Justices Sunil Shukre and Govind Sanap in view of the upcoming Ganesh Chaturthi festival. The bench was hearing a suo motu public interest litigation initiated by the Court in 2021 on the same issue. The Bench noted that despite numerous judicial orders of the Court, the State government had not framed a policy yet for regulating use of PoP for making idols and other articles which are ultimately released in waterbodies as per of the 'Visarjan (immersion)' ritual. This was causing pollution in the water bodies, thereby, affecting public health, the Court said."The POP idols which are released into water bodies are invariably decorated in oil paint and once released into the water body the heavy metals and toxic materials used in the oil paint get released into the water body, thereby causing pollution in the water body which ultimately affects the public health, ecosystem and health of cattle and livestock on which the human beings are dependent. The issue now has become very serious," the bench noted..The judges further stated that time and again several orders had been passed by the co-ordinate benches of the High Court but the issue concerning public health and health of environment had not yet been addressed by the State government. The bench emphasized on the need for urgent steps by authorities to formulate a policy this year.."We accordingly direct the State Government to frame a suitable policy containing the requisite regulations, prohibitions, machinery for implementation of the policy, mechanism for dealing with the policy non-compliances and consequences which would follow on violation of the policy," the bench ruled.The amicus curiae and the other stakeholders were asked to come up with suggestions and draft directions for the Court's consideration.The PIL will be heard again on August 3, 2022..Advocate SP Bhandarkar is serving as amicus curiae.Additional Solicitor General NS Deshpande and Government Pleader Ketaki Joshi represented Union and State governments, respectively.[Read order]