Introduction:

In a significant step towards environmental preservation during religious festivities, the Bombay High Court on July 24, 2025, issued ad-interim directives concerning the immersion of idols made of Plaster of Paris (PoP) during Ganeshotsav and Durga Puja. A division bench comprising Chief Justice Alok Aradhe and Justice Sandeep Marne was hearing a matter concerning the ecological impact of idol immersions and the effectiveness of the Maharashtra government’s policy dated July 21, 2025, on this issue. While the policy mandated artificial immersion for PoP idols up to 5 feet, the Court went a step further and directed that all idols made of PoP up to the height of 6 feet must mandatorily be immersed in artificial ponds or water tanks, irrespective of the state’s policy. This proactive judicial intervention came in light of the previous year’s data which showed massive non-compliance with the intended environmental safeguards, where a large number of small idols were still immersed in natural water bodies despite the availability of artificial tanks. The Court’s direction seeks to minimize the environmental degradation caused by the immersion of chemically-treated idols in rivers, lakes, and seas, thereby striking a balance between the right to religious practice and the duty to protect nature.

Arguments by the Petitioners:

The petitioners, whose plea prompted this suo motu attention from the judiciary, contended that the State of Maharashtra and its local municipal bodies, including the Brihanmumbai Municipal Corporation (BMC), had failed to effectively implement eco-friendly practices during Ganeshotsav and other festivals involving idol immersion. Their core argument was centered around the environmental hazards posed by the immersion of Plaster of Paris idols into natural water bodies. They emphasized the health and ecological threats stemming from the non-biodegradable nature of PoP and the toxic chemicals used in painting the idols. They cited data from 2024, which revealed that while over 1.95 lakh idols under 5 feet were expected to be immersed in 204 artificial water tanks created by BMC, only about 85,000 were actually immersed in these tanks. The rest, in clear violation of policy, found their way into natural lakes and seas. This, the petitioners argued, was a glaring example of the policy failing on the ground due to poor enforcement and lack of accountability. They further objected to the revised 2025 policy allowing idols above 5 feet to be immersed in natural bodies, asserting that this undermined the very purpose of environmental conservation and disregarded the precautionary principle enshrined under Article 21 of the Constitution, which guarantees the right to a healthy environment as a fundamental right.

Submissions by the State Government and BMC:

Appearing on behalf of the State, Advocate General Dr. Birendra Saraf defended the policy framed on July 21, 2025, asserting that significant measures had already been taken to curb environmental damage during idol immersion. He stated that, this year, the State would strictly ensure that all PoP idols up to 5 feet would be immersed only in artificial water tanks. He also informed the Court about the logistical and administrative efforts underway, including the construction and deployment of additional artificial tanks, public awareness campaigns, and coordination with local law enforcement to manage the immersion processes. The AG acknowledged the challenges in implementation but emphasized the need to balance religious sentiments and administrative feasibility. The State submitted that it was practically difficult to extend the 5-feet restriction to larger idols due to limitations in space, resources, and technical feasibility. Nevertheless, he reiterated the government’s commitment to minimizing environmental harm and appealed to the Court to acknowledge the steps already taken rather than impose unrealistic expectations that might be unenforceable on the ground.

Court’s Observations and Judgment:

While acknowledging the efforts made by the State, the division bench observed that the environmental consequences of idol immersion in natural water bodies continue to be a grave concern. The Court took note of the dismal compliance levels from the previous year and expressed dissatisfaction with the present policy which allowed idols above 5 feet to be immersed in natural water bodies. The bench, however, acknowledged the practical constraints faced by the State in dealing with this issue. In a nuanced observation, Chief Justice Aradhe remarked that while the Court was not completely satisfied with the policy, it had to pass orders that are enforceable and pragmatic, keeping in mind the realities faced by administrative agencies. The Court underscored the fact that judicial orders must not be mere declarations of principle but should lead to actual change on the ground. Despite this balancing act, the bench took a decisive step by enhancing the applicability of the artificial immersion rule. It directed that all idols made of Plaster of Paris up to a height of 6 feet must be mandatorily immersed in artificial water tanks. This order was seen as a necessary intervention to bridge the gap between policy and practice, considering the imminent threat to Maharashtra’s fragile aquatic ecosystems. The Court also passed a set of binding directions for the State and local authorities to follow. These include the mandatory implementation of the existing policy in letter and spirit, strict enforcement of guidelines by all local bodies, encouraging Sarvajanik Mandals (public Ganesh festival organizers) to install smaller idols, and ensuring that larger idols be reused or reinstalled in subsequent years. It also directed the formation of an expert committee to study the reuse and recycling of PoP idols and to explore scientific methods for faster and more eco-friendly dissolution of such materials. In an insightful reflection, the Court admitted that it cannot build artificial ponds from its courtroom, but at the same time, it could not ignore the urgent need to protect natural water bodies from further pollution. The bench reminded the parties that while it is easy to issue sweeping orders from the bench, a holistic and enforceable approach is what truly benefits society. The Court acknowledged that an estimated additional 1.10 lakh idols could potentially be diverted from natural to artificial immersion points due to the present order, which would have a substantial environmental impact. Accordingly, it directed that the present order would apply not only for Ganeshotsav commencing from August 27, 2025, but also for Durga Puja, Kali Puja, and all other festivals where idol immersion is a practice. These directions are applicable across Maharashtra and will remain in force for the current festive season. The matter has been adjourned for eight weeks to further monitor compliance and to allow the State to take necessary preparatory steps.