Bombay HC Allows Sale Of PoP Idols But Bans Immersion In Natural Water Bodies; State Told To Finalise Policy

Mumbai: The Bombay High Court on Monday emphasised that it will not permit immersion of idols made of Plaster of Paris (PoP) in natural water bodies, even as it modified its January order wherein it had imposed a complete ban on use of PoP, including manufacturing and sale of idols made of PoP.

A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne clarified that it will not permit any POP idol to be immersed in natural water bodies like lakes, rivers, or the sea.

“We are sure about the fact that any POP idol will not be permitted to be immersed in a natural water body. You (State government) can create artificial water bodies and immerse the POP idols there,” the court told Advocate General Birendra Saraf.

The court was hearing a PIL, which sought enforcement of the Central Pollution Control Board’s (CPCB) 2020 guidelines that prohibit immersion of POP idols in natural water bodies. The CPCB had issued clarifications in 2021 and again in 2025 reiterating that while manufacture of POP idols is allowed, immersion in natural water bodies is not.

The CPCB, in an affidavit submitted through advocate Abhinandan Vagyani, said its guidelines are “advisory in nature” and not legally binding. To this, the court quipped: “This is a classic case of diluting one's own authority. The court is saying you have power, you are saying no.”

The HC, however, remained unequivocal in its stance. “Needless to state that it will be open for associations or artisans to make idols of POP, however the same shall not be immersed in any natural body,” the court recorded in its order.

Petitioners pointed out that despite earlier orders, POP idols were still being immersed in violation of CPCB norms.

Several artisans who manufacture POP idols too had approached the HC seeking revocation of the ban contending that it was violating their fundamental rights. They urged the court to modify its earlier blanket ban on manufacturing, given that idol preparations begin well ahead of the Ganesh festival, which starts on August 27 this year.

Advocate General Birendra Saraf said majority of small idols are being immersed in artificial ponds / tanks. However, he sought “leeway” for large idols, some of which are 20 feet tall, stating, “These have become a part of our culture.” He assured the court that the state is exploring long-term solutions. “The State will not come in the way if the Mandals use the same idol permanently,” he added.

Justice Marne questioned whether the state was issuing clear guidelines, especially on the non-immersion of large idols in natural water bodies like sea. The bench then directed the government to take a final policy decision on immersion, in light of CPCB’s expert committee’s recommendations.

“We therefore deem it appropriate to direct the State to take a decision with regard to immersion of idols made of PoP in light of the recommendations made by the CPCB expert committee,” the bench said in its order. The matter will next be heard on June 30.