The Bombay High Court today passed an interim order prohibiting the manufacture, sale, and immersion of Plaster of Paris (PoP) idols for the upcoming Ganesh Maghi festival.

A division bench comprising Chief Justice Alok Aradhe and Justice Bharati Dangre took cognizance of the Central Pollution Control Board's (CPCB) Guidelines on Idol Immersion, issued on 12 May 2020, which prohibit the use of PoP idols.

The petitioner's counsel argued that despite the CPCB guidelines and the High Court's earlier order prohibiting the use of PoP idols, vendors continue to sell and distribute them.

The respondent association of idol makers contended that a ban on PoP idols would adversely impact their profession. They argued that the CPCB guidelines are not legally binding and that the CPCB failed to conduct an environmental assessment before issuing the guidelines.

However, the Court noted that in June 2022, it had dismissed a challenge to the ban on PoP Ganesh idols in the case of Ajay Vaishampayan vs. State.

The Court also referenced the Madras High Court's ruling in District Collector, Tirunelveli v. Prakash, where it was observed that artisans do not have the right to make idols using PoP material. This decision was later upheld by the Supreme Court. The Court directed the Municipal Corporations to ensure strict adherence to the CPCB's guidelines on idol immersion, in both letter and spirit.