With Ganesh Chaturthi fast approaching, a major concern for pollution control authorities is the environmental impact of immersing idols made of Plaster of Paris (POP). The Karnataka High Court also recently weighed in on the enforcement of restrictions.
Section 33A of the Water (Prevention and Control of Pollution) Act, 1974, empowers a Pollution Control Board to issue orders to local authorities and others in connection with their duties.
It states, “Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.”
In this context, authorities had issued an order in 2016 prohibiting the immersion of coloured POP idols and structures after an inspection of manufacturing units in Bengaluru’s Gudimavu village.
More recently, in 2023, the Karnataka State Pollution Control Board (KSPCB) had issued a government notification which banned the “manufacture, sale and disposal of any idols made of Plaster of Paris, decorated with heavy metal containing chemical paint”. While the immersion of such idols is banned, idols of other materials with such paints are also prohibited. The notification also directs the local administration and the police to aid officers of the KSPCB in implementing this.
What did the Karnataka High Court say?
In a petition before the Karnataka High Court seeking the implementation of its orders, the KSPCB noted that certain manufacturing units in the Gudimavu area were violating the orders though the premises were sealed and some structures removed.
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The court order, issued on August 14, notes that on a question regarding whether the authorities were implementing the 2023 order, the KSPCB counsel stated, “…despite the State authorities making endeavours to implement the same, persons…are successfully evading the rigors of the notification and are continuing to flood the market with POP idols.”
A counsel for the state had also submitted before the court that a First Information Report (FIR) had been filed against the manufacturers, and action would be taken.
The court declined to pass a separate order for the petition as a relevant Government Order already existed. However, it noted that the authorities would have to implement this.
The bench stated, “…the Government Order has already been passed and the same requires to be implemented. Indisputably, the issue raised is a serious one and we expect that the State Authority shall implement the notification with all seriousness and to its full extent.”
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What have other high courts said on the issue of POP idols?
Considering the proximity of Maharashtra and the importance of Ganesh Chaturthi in the state, the stand of the Bombay High Court on the issue is also important.
While the Bombay High Court had in 2022 upheld a ban on the use of POP in idols, it has since partially reconsidered its stance. As reported by The Indian Express in June this year, the court lifted the ban on the sale and manufacture, but stated that the idols ought not to be immersed in natural water bodies. The government was directed to formulate a policy with regard to the immersion.
More recently, in an interim order on July 24, the Bombay High Court directed that any idols up to the height of six feet had to be immersed in artificial tanks and not natural waterways or water bodies.