Mumbai: The Bombay High Court on Wednesday issued notice to the State government on a plea seeking implementation of the revised guidelines by Central Pollution Control Board (CPCB) which mandates a complete ban on the use of Plaster of Paris (PoP) for religious idols to be immersed in water.

The CPCB had issued “Revised Guidelines for Idol Immersion” on May 12, 2020 mandating the complete ban on use of PoP “due to the extreme and irreparable water pollution caused by the immersion of these idols in natural water bodies”.

A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar issued the notice while hearing a public interest litigation (PIL) petition, filed by three citizens and nine clay-based and small scale craftsman of idols, contending that the actions undertaken by the Respondent Authorities to enforce the Guidelines are “farcical measures designed only to pay lip-service to the provisions of the Guidelines”.

Petitioners’ advocate Ronita Bhattacharya submitted that despite the CPCB ban in 2020, which was to come into effect in 2021, the state is dilly dallying in its implementation to appease manufacturers of PoP idols. Even the Supreme Court had categorically said that manufacture of PoP idols and its immersion in water cannot be permitted.

“Despite this, it is not being effectively implemented in Maharashtra. The ban should be made mandatory under the Water (Prevention and Control of Pollution) Act, which invites penal provisions if not followed,” Bhattacharya said.

The Act requires registration of non-PoP idol makers and the list has to be published so people are aware of the same. However, no steps have been taken in the regard. The CPCB recommended using eco-friendly idols made of natural clay and biodegradable materials to mitigate these harms. Hence, there is a need to publish a list of idol makers using eco-friendly material.

Bhattacharya pointed out to the court that the Nagpur bench of the HC had taken suo motu (on its own) cognisance of the issue two years back and had issued several directions for implementation of the ban, but directions have not been compiled with.

The Nagpur bench had formed a technical committee to oversee the implementation of the ban. However, the committee has taken upon itself to examine the manner in which the pollution caused by the PoP idols can be mitigated. Also, the minutes of the meeting conducted by the committee reflects that the committee contemplated getting experts’ opinions on the validity of the CPCB ban. “This is ridiculous, as there can be no PoP at all,” Bhattacharya added.

The plea seeks formation of a district level committees for regular checks to ensure effective implementation of the revised CPCB guidelines. Also, action should be taken against idol makers who continue using PoP.

Advocate Tushad Kakalia, appearing for NGO Vanashakti, pointed out that the high court had last year issued a series of directions to ensure no PoP idols were immersed in the natural lake inside the suburban Aarey Milk Colony, which is an eco-sensitive zone.

The court had expanded the scope of the petition to ensure adherence to CPCB guidelines. The NGO has again moved an application for continuation of the directions during the coming Ganesh festival.

The HC has clubbed both the PILs and kept them for hearing in August.

Why idol makers continue using PoP –

PoP for the making of idols is commercially more viable than using clay.

PoP is a cheap material that is easy to use, and keeps the cost of operations low and the margin of profits on making idols high.

Clay suitable for idols is not easy to obtain, is a time consuming material to mould and perfect, and requires a higher degree of skill to manoeuvre.

Disadvantages of PoP –

Has several harmful effects on the environment Including water pollution, soil pollution, damage to the marine ecosystem, waste generation, and environmental degradation.

PoP idols do not dissolve easily in water, leading to the accumulation of non-biodegradable materials and disrupting the aquatic ecosystem.

When immersed in soil, PoP idols release harmful chemicals and heavy metals, contaminating the soil and affecting its fertility.

PoP idols contain chemicals such as Gypsum, Sulphur, Phosphorus, and Magnesium. Chemical paints used for colouring idols may contain Mercury, Cadmium, Arsenic, Lead, and Carbon, which are harmful to the nervous system and kidneys.

These heavy chemicals have bio-accumulative properties and can enter the food cycle through aquatic creatures like fish, ultimately affecting human consumption.

Non-biodegradable materials like plastics and thermocol used in idol decoration pose a threat to terrestrial and aquatic environments when immersed in water bodies.