Bombay High Court
Vinodkumar Rameshchand Gupta And ... vs Union Of India, Thr. Secy., ... on 25 August, 2021
Bench: S.B. Shukre, Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 3146 OF 2021
(VINODKUMAR RAMESHCHAND GUPTA & ANR...VS..UNION OF INDIA, MINISTRY OF
ENVIRONMENT, FOREST & CLIMATE CONTROL & OTH.)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri S.P.Bhandarkar, Adv. a/b.Ms Sejal Lakhani, Adv. for Petitioners.
Shri U.M.Aurangabadkar, A.S.G.I. for Respondent Nos.1 & 2.
Shri N.R.Patil, A.G.P. for Respondent No.3.
Shri S.S.Sanyal, Advocate for Respondent No.4.
CORAM : SUNIL B. SHUKRE AND
ANIL S. KILOR, JJ.
DATED : AUGUST 25, 2021.
1. Heard Shri S.P.Bhandarkar, learned counsel
for the petitioners, Shri U.M.Aurangabadkar, learned
A.S.G.I. for the respondent Nos. 1 and 2, Shri N.R.Patil,
learned A.G.P. for respondent No.3 and Shri S.S.Sanyal,
learned counsel for respondent No.4, all of whom appear
by waiving notice.
2. The petitioners have approached this Court
with an anguish in their mind that owing to ban on sale
of idols of Lord Ganesh and other Hindu Gods/
Goddesses made up of Plaster of Paris ("PoP" for short)
during present Ganesh Festival, Durga Festival and other
festivals this year, imposed by respondent Nos. 5 and 6
by following the 'Revised Guidelines For Idol Immersion',
issued on 12th May 2020, by Central Pollution Control
Board ("Guidelines, 2020" for short), that they are
unable to sell the PoP made Ganesh and other idols
during the ensuing festivals, which is causing huge loss
to them.
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3. The petitioners submit that about 4.5 lakhs
PoP made idols have already been manufactured/
prepared and they are ready for being sold to the
devotees during the current season of different festivals.
According to them, the ban imposed on sale of PoP made
idols has come suddenly and therefore, it has a potential
of causing financial loss to the petitioners, if it is
implemented. The petitioners also submit that the ban
has resulted in violation of their right to carry on their
trade in a reasonable manner.
4. This petition, with such prayers, as referred to
above, cannot be entertained by us in view of the order
dated 11th September 2012 passed in Writ Petition
No.4172 of 2012 which was the petition filed by these
very petitioners. While passing this order, the Division
Bench of this Court had noted the statement made by the
petitioners that they would be giving up the challenge to
the ban order, which was dated 30th August 2012, then
prevailing and would restrict their prayer only to the
directions to be issued to the Corporation regarding non-
implementation of the order dated 30th August 2012
during the Ganesh festival of 2012. Upon such
concession having been given by the petitioners that the
order dated 11th September 2012 was passed and it
permitted the sale of Ganesh idols on condition that the
petitioners would display a board at the time of sale of
PoP idols that the idols would be immersed only in the
Artificial Immersion Tanks. So, on the basis of the
statement made by the petitioners therein this Court in
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the year 2012 had permitted sale of PoP idols only for
the year of 2012 on the aforestated condition.
5. The ban was not to be implemented, as per
the statement made by the Corporation during the year
of 2012 and the ban only pertained to the sale of PoP
idols during that year. This would mean that the sale of
PoP made idols was not permitted after 2012 and
therefore, we are not willing to accept the contention
that the present ban on PoP idols has come suddenly and
it has caught the petitioners unawares and therefore, it
has the potential of adversely affecting the financial
interest of the petitioners. For this reason, we are not
inclined to entertain this petition. However, at the same
time, we find it necessary to protect financial interest of
the petitioners who have already manufactured multiple
PoP idols. Accordingly, we would permit the petitioners
to sell these idols only as PoP objects and not as idols on
the express condition that while selling these objects, the
petitioners would inform the buyers that they are not
intended for any kind of worship nor are they intended
to be immersed in any water body, natural or artificial.
This is also subject to condition that petitioners shall give
an undertaking to this Court that they shall not sell these
objects during present Ganesh festival or any other
festival for this year or in future as well and that they
shall sell these objects by mentioning the aforestated
express conditions, and that they henceforth would stop
making of PoP idols of any deity for the purpose of their
worship.
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The petition is, therefore, dismissed, subject
to the above referred observations.
6. All said and done, the petition also raises
important questions of public interest. These questions
relate to use of such material as PoP for different
purposes and the necessity for the Central Pollution
Control Board to regulate the use of PoP for preparing
different objects not necessarily in the nature of idols or
which may be in the nature of statues and other objects
of display.
7. So far as statues and other objects are
concerned, as we see from 12th May 2020 guidelines,
prima-facie there appears to be no prohibition on use of
PoP material for making them. The ban, as per these
Guidelines, 2020 is on making of PoP "idols". As per
dictionary meaning "idol" is a statue that people treat as
a God. Merriam-Webster dictionary defines the word
"idol" as a "representation or symbol of an object of
worship". So, it is clear that Guidelines 2020, for the
present, do not impose any blanket and all pervasive ban
on PoP objects and artifacts and the ban is restricted to
that PoP object, which is treated as God or which is
worshipped after it's purchase by a consumer or in other
words the ban is on PoP idols.
8. The rationale behind prohibition of PoP idols
is quite understandable. In India, the PoP idols are
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procured from market generally for their limited use
during festivals and as the festivals come to their
conclusion, the idols are disposed of by immersion in
water bodies, which is a major cause for pollution of
water bodies, increase in toxicity of major food source
like fish and other aquatic beings and damage to
environment. This would underline the need for taking
Guidelines 2020 seriously and implementing them with
greater vigour.
9. As we see from averments made in this
petition, dismissed just now, Guidelines 2020 of Central
Pollution Control Board have been taken up by Municipal
Corporations of Nagpur and Amravati for their sincere
implementation but we are not aware of the position
obtaining in other Corporations, Municipalities and other
local bodies. Then there is also an issue about permitting
even the idols made up of biodegradable material like
clay and the like to be disposed of by immersion in
natural or man-made water bodies, the water of which is
used for human and animal consumption, as their
immersion in such water-bodies is also not without
harmful effects on water and food sources due to use of
toxic oil paints for decorating these idols.
10. Therefore, we are of the view that all these
issues are required to be taken up for their consideration
by this Court, they having their impact on larger public
interest. We thus deem it necessary to take up these
issues in public interest.
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11. At this point of time, we find it necessary to
make a reference to the judgment of another Division
Bench of this Court to which one of us was a party,
delivered in the case of Dhondiba Irba Namwad ..vs..
State of Maharashtra., reported in 2020 ALL MR (Cri.)
2252, wherein the Division Bench had issued several
directions to the Central Government and the State
Government for putting in place appropriate prohibition
and regulations as regards use of PoP made objects, use
of oil paints and synthetic colours for shading and
decorating all kinds of idols. The relevant observations
have been made in paragraph Nos. 29, 30 and 31 and
they are reproduced as below:
"29. Apart from prohibiting the use of PoP
made idols in religious festivals, it is also
necessary for the appropriate government to
prohibit use of oil paints and synthetic colours
for painting and decorating all kinds of idols,
whether made in clay or PoP or some other
material as the oil or synthetic paints cause
high level of damage to the environment. They
pose serious threat to acquatic life and
environment. They contain heavy metals like
mercury, cadmium and lead which are
neurotoxic and nephrotoxic and have
bioaccumulative properties, which means once
they enter acquatic life forms like fish, they
continue to be in the food chain and end up in
the food that we eat. The appropriate
government, therefore, may give a serious
thought to prohibiting use of oil and synthetic
paints for colouring and decorating water
immersible idols used in religious festivals by
framing suitable rules.
30. All said and done, there can be no
satisfactory solution without peoples'
participation in keeping the environment safe,
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clean and healthy. Under article 51-A(g) of the
Constitution of India, a duty has been cast
upon every citizen of India to protect and
improve natural environment including forests,
lakes, rivers and wild life. It would, therefore,
be a welcome gesture by citizens of India if
they change their mindset and only go for eco-
friendly idols made in biodegradable materials
like clay, food grains, sandal paste, flour, hay
etc., and avoid non-biodegradable idols made
in PoP and also avoid those idols which are
painted and decorated in toxic oil paints. A
large scale awareness is required to be created
amongest masses. Central Government can do
so by using its power under Section 3 of the
Environment (Protection) Act, 1986. Central
Government can also take recourse to its
powers under the said Act to prohibit and
regulate various activities hazardous to
environment, which relate to use of non-
biodegradable idols decked up in oil and
synthetic paints in religious festivals.
Awareness compaign can also be launched and
regulatory measures taken by the State
Governments. We are also of the view that a
comprehensive legislation to prohibit and
regulate manufacture and use of immersible
idols of various deities in religious festivals is
the need of the hour, cry of our pristine water
bodies and clarion call of nature.
31. We conclude our discussion on the need
for protecting environment by making a formal
appeal to the State. We request the Central
Government and also the State Government to
take necessary steps in the matter for creating
suitable awareness amongest the citizenry
regarding hazards involved in use of PoP idols
and oil painted or synthetically decorated idols
of Gods and Goddesses in various religious
festivals. We further request appropriate
Government to enact a comprehensive
legislation putting in place suitable
prohibitions and regulations as suggested
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earlier in the matter of use of PoP made idols
and use of oil paints and synthetic colours in
shading and decorating all idols, used
temporarily in various religious festivals."
12. We, therefore, direct the Registry to prepare
proper petition and place it before us as Public Interest
Litigation on 31st August 2021.
13. We appoint Shri Shrirang S.Bhandarkar,
learned Advocate as Amicus Curiae in the matter.
(ANIL S.KILOR,J) (SUNIL B. SHUKRE,J)
RRaut..
