The Supreme Court on Monday upheld the Madras High Court order of September 16, which banned the sale of Ganesh idols containing Plaster of Paris in Tamil Nadu.

The Bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra refused to interfere with the Division Bench order of the Madras High Court, which stayed the single-judge verdict allowing the sale of Ganesh idols made using Plaster of Paris.

Senior Advocate Shyam Divan sought urgent hearing of a petition that challenged the High Court order on the grounds that the single judge had held that there could not be a stay on manufacturing of idols and that the restriction was only on the immersion of idols made of PoP.

Though the plea was not otherwise listed today, the Bench agreed to take it up at the end of the board considering the urgency (Ganesh Chaturthi will be celebrated tomorrow).

Divan submitted that the petitioner, an artisan, has been making the idols for years. He said that on Friday, police stopped the sale of the idols. The petitioner then approached the Madurai Bench of the High Court, which, in a special sitting held on Saturday, held that the sale of such idols cannot be stopped and that only their immersion in water bodies was being prevented.

This single-judge order was stayed by the Division Bench after a special sitting convened on Sunday.

Divan contended that the guidelines of the Central Pollution Control Board was only related to immersion.

A Special Leave Petition challenging the order passed by Division Bench of the Madras High Court on staying the operation of the Single Judge’s order permitting the sale of Ganesha idols made of even Plaster of Paris (POP) was metioned before the Supreme Court today.

The matter was presented before the Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra by Senior Advocate Shyam Divan.

The advocate mentioned that an email had already been circulated for the purpose. The CJI, however, said that the matter needs to be examined first.

The Senior Advocate told the Court that the Judgement was passed yesterday night by the Division Bench of the High Court. It was also added that the Single Judge had passed an order on Friday. The single judge had permitted the sale.

The order by the Division Bench observed that the idol cannot be sold. The Single Judge had provided arrangements for sale for the purpose of immersion.

In a special sitting on Sunday, the Division Bench of the Madras High Court had ordered that there shall not be any sale or manufacturing of Vinayaka idol made using Plaster of Paris.

The argument that the Central Pollution Control Board (CPCB) guidelines are not enforceable without the State framing rules was rejected by the court.

The Court also held that the order holding guidelines would apply only to immersion and not on sale of idols cannot be sustained.

The SLP was filed by Advocate K. V. Muthu Kumar on behalf of a Rajasthan-based artisan, who was prevented from selling Vinayaka idols. It submitted that the State Government has violated the Rights of the Petitioner under Article 19 (1) (g) of the Constitution by harassing and threatening criminal action against the Petitioner for merely manufacturing idols.

As per the SLP, the petitioner has been deprived of his right to carry on his profession and conduct business.

It has also been submitted that it has been presumed that all purchasers prior to Vinayaka Chaturthi are purchasing it to immerse it in the river.

The SLP states that the State has nowhere averred as to how the purchasers for purposes of immersion are distinguished from casual purchasers who would purchase the idol to be kept as a showpiece or for purposes other than immersion.

The matter of concern was that the entire gamut of manufacturing has been tarred with the same brush of immersion in a natural river and hence, the State has chosen to attack the Fundamental Right under Article 19 (1) (g) of the Constitution of India.

The SLP read that the Single Judge rightly construed “reasonable restriction” to be maintenance of a register containing the names of the purchasers which can be open to inspection.

It has been further highlighted in the SLP that the ban extended on Plaster of Paris is not to be confused with manufacture of idols, but only with immersion in the water bodies.

The plea submitted that the single-judge order only prohibited immersion of non-ecofriendly idols and had rightly observed the distinction of the interplay of various Fundamental Rights involved.

The Telangana High Court has banned the immersion of Ganesh idols made of plaster of paris (POP) in Hussain Sagar Lake and other lakes in the city keeping in mind pollution of the Hussain Sagar Lake as well as the Covid-19 pandemic. 

A bench led by the Acting Chief Justice M.S. Ramachandra Rao and Justice T. Vinod Kumar has passed the directions while hearing the contempt case alleging wilful disobedience of order dated 10.09.2013 in WP No 25058 of 2011 passed by a division bench of the Andhra Pradesh High Court. 

The bench of Telangana High Court has passed the slew of directions including;  Permission for immersion of POP Ganesh idols (i) in baby ponds already constructed by the GHMC or (ii) separate areas / ponds which do not result / spread the water pollution into the main water body. It also directed the Respondent authorities to explore the use of inflatable rubber dam wall as was used while carrying on dredging operations in the Hussain Sagar Lake earlier by encircling the area for immersion of idols as an alternative. It directed that authorities shall not permit immersion of Ganesh idols from the Tank Bund side of the Hussain Sagar Lake. Further, immersion can be permitted by respondent Nos.1 to 11 of non- POP idols which do not have synthetic paint only through the other side of the Hussain Sagar Lake for example, P.V.Ghat, Secretariat road, Sanjeevaiah Park road etc.

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The Court has further directed:

Use of low height and eco-friendly idols shall be encouraged to avoid impact on the environment and also to carry out rituals in simple and easy manner without gathering of large crowds;

License/Permits may be limited to fixed number of Pandals in their respective areas by the Local / Urban Bodies;

Respondent Nos.1 to 11 shall regulate the number of idols, area- wise, coming to Hussain Sagar Lake for immersion on the last day;

Simple and quiet celebrations should be encouraged instead of cultural or entertainment programs with large congregations during festival period;

Public Pandals may be advised to switch over to online Darshan or relay the celebrations through social media platforms, websites or local cable television networks;

Household immersion of small Ganesh idols at the respective homes of devotees in a eco-friendly manner i.e. in a bucket filled with water, should be encouraged; and

Temporary idol immersion ponds/tanks with proper liner may be provided to avoid large gatherings at same place.

The GHMC (10th respondent) shall make available masks free of cost in adequate number on the last day of immersion of Ganesh idols in the Hussain Sagar lake.

Furthermore, it has directed the Commissioner of Police, Hyderabad (9th respondent) shall also instruct all Station House Officers and Divisional Police Officers to ensure

(a) Large Congregations do not take place at places where festivities are being celebrated and should fix the maximum number of people who can congregate at a particular time within a Pandal;

(b) Wearing of masks and mandate the organizers of festivities to provide sufficient sanitizers;

(c) after coordinating with concerned Departments, timely removal, transportation and disposal of the remains of the idols and other waste material from the Hussain Sagar Lake immediately after immersion as is being done every year;

(e) adequate number of Police personnel are engaged to enforce social distancing as far as possible and also to avoid any law and order problems;

(f) that there is no playing of loud music in the Ganesh Pandals so that there is no disturbance to neighbours / students/people who are unwell. Use of loudspeakers should not be permitted after 10 p.m.;

(g) that Ganesh Pandals are not set up on the roads obstructing smooth flow of traffic.

(h) that appropriate Fire Safety Equipment has been provided at all Ganesh Pandals by the organisers.

The Court has noted, “Recently, the Tank Bund of the Hussain Sagar Lake was renovated with new pavements, gardens, vintage lamp posts and beautified by spending considerable public money. If immersion is permitted by erecting cranes on this road on the Tank Bund of the said Lake, it would result in damage all the new fittings and further expenditure would require to be incurred by the State to restore status quo ante. Therefore, we direct the respondent Nos.1 to 11 not to permit immersion of Ganesh idols from the Tank Bund side of the Hussain Sagar Lake.”

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“That apart, Covid-19 pandemic is still continuing and there is a risk of events such as Ganesh immersion taking place at a single place such as Hussain Sagar Lake turning into Super Virus Spreader event because even vaccinations available currently do not offer complete immunity to the virus, which is said to be mutating into variants, some of whom are more virulent. The scientific community is predicting a third wave of the pandemic in this month or October, 2021,”

-the Court has said. 

The Court has passed these directions in the Contempt Case filed In the Writ Petition, filed by one, who is an Advocate and a Social Worker, complained of the action of the respondents therein in permitting immersion of all types of idols including idols made with Plaster of Paris (POP) in the Hussain Sagar Lake and sought protection of the said lake from water pollution.

He alleged that idols were being manufactured with POP and hazardous chemicals to a length ranging from 6 inches to more than 5 ft height using iron fabrication, that synthetic paints were being used, that idols made of POP will not melt in water upto 2 months and water pollution is caused by immersion of such idols in the Hussain Sagar Lake. He pointed out that the immersion of idols also entails much expenditure to the State Government towards security arrangements, hiring cranes and it would be better if people were to be encouraged to use clay idols and immerse them in their own residences so as to reduce the pollution in the said Lake. He pointed out that the air quality near the Hussain Sagar Lake is poor and the water therein is unusable and sometimes there is foul small as well.