Bombay HC Declines Permission To Immerse Eco-Friendly Ganpati Idols In Natural Water Bodies

Bombay High Court

The Bombay High Court on Thursday declines to allow immersion of even eco-friendly Ganpati idols in natural water bodies, stressing that community rights and environmental protection outweigh individual preferences.

Court Prioritises Clean Water As Fundamental Right

A division bench of Acting Chief Justice Shree Chandrashekhar and Justice Aarti Sathe was hearing a plea challenging restrictions imposed by the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB).

In its ruling, the court underscored the importance of clean water and air, equating them to fundamental rights.

“The right to clean air and water have attained the status of fundamental right of every citizen. It is well settled that when a court is faced with an issue regarding enforcement of individual rights against the fundamental rights of citizens and rights of community, hardship to individuals cannot override the larger issues involved,” the bench observed.

Petition Against BMC Guidelines

The case was initiated by Sanjay Shirke, who sought permission for immersion of eco-friendly idols in the historic Banganga talao in south Mumbai. His plea challenged the Standard Operating Procedure (SOP) issued by the BMC, which mandates that idols below six feet must be immersed in artificial ponds.

Shirke argued that since eco-friendly idols cause no pollution, immersion in Banganga should be permitted. He also pointed out that such immersions had been allowed in the past.

Heritage & Environmental Concerns

The state opposed the petition, with Advocate General Birendra Saraf contending that Banganga is a protected heritage monument under the Ancient Monuments and Archaeological Sites and Remains Act. He further argued that immersion in such a site was not a fundamental right.

The court sided with the state and civic authorities, stating that the restrictions were in public interest and designed to preserve both heritage structures and natural water bodies.

Why Restrictions Exist

The Central Pollution Control Board (CPCB) prohibits immersion of Plaster of Paris (PoP) idols in natural water bodies due to their severe environmental impact. Building on this, the Maharashtra government formulated stricter rules:

Idols below 6 feet → immersion in artificial tanks.

Idols taller than 6 feet → permitted in natural water bodies.

The BMC’s SOP mirrored these guidelines, ensuring minimal ecological damage during the Ganesh festival, which sees millions of idol immersions across Mumbai.

Verdict

By dismissing Shirke’s plea, the High Court reinforced that environmental protection and the right of citizens to clean resources take precedence over individual practices, even if religious sentiments are involved.