IMMERSED IN LEGAL WATERS
Opposing Perspectives on the CPCB Revised Immersion Guidelines and the legal search for a balanced view.
By, Paridhi Minda and Manisha Sheth
![IMMERSED IN LEGAL WATERS IMMERSED IN LEGAL WATERS](https://punaravartan.org/wp-content/uploads/2024/07/IMMERSED-IN-LEGAL-WATERS.jpg)
Background
The Ganesh Chaturthi festival, starts on the fourth day of the lunar cycle in the month of Bhadrapada, marks the beginning of ten days of festivities in which devotees welcome the deity in their homes. The ceremonial placement of Ganesh idols, usually made of clay or other environmentally friendly materials, involves calling life into the idol, thereby symbolising Lord Ganesh’s transformation into a tangible form.
The final day, Anant Chaturdashi, commemorates the end of Lord Ganesh’s earthly journey. Visarjan, or the immersion of Ganesh idols, is a vital rite performed on Anant Chaturdashi. Traditionally, idols were submerged in natural water sources to aid their dissolution into the earth, representing Lord Ganesh’s return to his celestial dwelling. However, contemporary trends have seen increasing use of Plaster of Paris (PoP) idols, which involve environmental risks due to their non-biodegradability, prompting the need for sustainable and eco-friendly alternatives. For the past two decades, several legal interventions by stakeholders of the festival have resulted in the issuance of guidelines for immersion by the Central Pollution Control Board. These guidelines, first established in 2010, were then revised in 2020 to be made more stringent. This article traces the history of the legal debates on this matter.
Stakeholders
Any regulations of the idols majorly impact the artisans, vendors, the government, and consumers. Artisans making these idols may need to adapt techniques that align with eco-friendly practices; vendors selling idols must refrain from selling idols that are potentially harmful as per the laws; consumers purchasing idols must fulfil their fundamental duty to protect the environment, and the government should aim to ensure the ideal implementation of rules where citizens are indulging in eco-friendly celebrations. Any legal intervention has to consider the concerns of each of these stakeholders to ensure that natural resources get conserved eventually.
Legal Intervention
Practices involved in the Ganpati festival must adhere to several laws, guidelines, notifications, etc., issued, such as the Water (Prevention And Control Of Pollution) Act, 1974, which provides for preventing and controlling water pollution and maintaining or restoring the wholesomeness of water, the Environment (Protection) Act, 1986 that as the name suggests provides for the protection and improvement of environment and for matters connected in addition to that , and the fundamental duty as enshrined in Article 51A(g) of the Indian constitution that makes it the duty of every Indian citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures.
The ruling of the Andhra Pradesh High Court, which resulted from a Public Interest Litigation filed by K L Vyas as early as 1995, to save 170 lakes in Hyderabad, became a historic legal action that now protects all of the state’s water resources. Vyas’s initiative spurred extensive legal action by highlighting the pressing need to combat encroachment and pollution. As a result, it paved the way for safeguarding lakes and sparked support for the detrimental submersion of POP idols.
The 2007 public interest litigation (PIL) Janhit Manch v State of Maharashtra before the Bombay High Court prompted the passing of CPCB 2010 Immersion guidelines. The main goal of the regulation was to encourage the use of environmentally friendly clay idols instead of PoP idols. However, they were not completely effective due to lax enforcement and the absence of particular laws on the immersion sites.
The legal pressure created by these cases and increased environmental awareness influenced the Central Pollution Control Board (CPCB) to implement harsher restrictions in 2020.
The most notable change is the mandated use of eco-friendly idols made of natural materials and provisions on selected immersion sites with appropriate pollution control methods. This provides a more controlled atmosphere for idol immersion while minimizing the harmful impact on aquatic bodies.
Comparative study of CPCB guidelines
Subject | 2010 Immersion Guidelines | 2020 Revised Immersion Guidelines |
---|---|---|
Established by | Central Pollution Control Board | Central Pollution Control Board |
Focus on | Immersion | Immersion as well as Production with a ban on PoP-made idols |
Materials Used in Idol Making | Encouraged eco-friendly materials but no Specific Restrictions | Mandated use of eco-friendly materials |
Size of idols | No mention | Encourages lesser-sized idols |
Decorations | No mention | Use of eco-friendly materials for decoration |
Immersion sites | Vague Guidelines | Designated immersion sites with pollution control measures |
Penalty | There is no provision for a penalty | Imposing Spot Fines for violation of guidelines |
Public Awareness | Limited focus | Public awareness campaigns emphasised |
Responsibility of implementation | Central Government, State Government, Local Bodies | STATE POLLUTION CONTROL BOARDS (SPCBs) IN STATES & POLLUTION CONTROL COMMITTEES (PCCs) IN UNION TERRITORIES |
Prohibitions
Prohibitions placed by way of Immersion Guidelines mainly dealt with:
- The use of Plaster of Paris for making idols
- Use of toxic and non-biodegradable chemical dyes/oil paints for painting idols
- Use of Single-use plastic and thermocol materials for decoration and distribution of prasad
- The size of idols
- Littering or burning of solid wastes
As a result, there have been cases filed to either protest these prohibitions or to bring to light their insufficient implementation.
Reactions to the prohibition by different stakeholders
- Citizens
These prohibitions issued by the Central Pollution Control Board (CPCB) regarding idol immersion in India have triggered a national discourse that juxtaposes environmental concerns with traditional beliefs. Although some citizens find it difficult to change customs that date back decades, a rising movement actively supports more stringent enforcement and complete application of these laws.
The case of Surat Citizens Council Trust v. State of Gujarat (2018) involved the contamination of the Tapi river by more than 60,000 idols. This raises a need for a middle ground, respecting religious and environmental sentiments. The Trust filed a Public Interest Litigation (PIL) with the Gujarat High Court, which sought a more sustainable solution in compliance with the CPCB norms (laid down in 2010), and resulted in the Gujarat HC instigating a complete ban on the immersion of idols in the rivers during festivals, but simultaneously creation of temporary artificial ponds with mud bunds for idol immersion.
In Rohit Joshi v. Thane Municipal Corporation, the applicant sought that the authorities abide by the Solid Waste Management Rules, 2016, as well as the CPCB’s Revised Guidelines for Idol Immersion, 2020. The respondent guaranteed adherence to these rules during the hearing. The court, then ordered the Maharashtra Pollution Control Board (MPCB) to make sure there are no infractions and to submit a report on the disposal procedure in a week.
The CPCB rules have been further emphasized in the recent case of Umesh Prajapati and Ors. v. State of Madhya Pradesh (2024), wherein the inculcation and usage of environmentally friendly idol constituents were encouraged. Appropriate waste management strategies during and after immersion was advised.. A more nuanced and necessary adherence to the CPCB regulations by setting aside specific areas for utilizing the soil used to create idols, keeping plastic debris out of waterways, and the longevity of viable solutions was highlighted.
- Murtikars sanghatanas
The conundrum that now arises is the conflict between artistic expression and the fundamental right of freedom of livelihood versus the greater good of environmental conservation—the case of Daxin Gujarat Murtikar Sangathan v. State of Gujarat & Ors. (2016) brought about this very conflict into the limelight, with artisans contending a breach of their right to life under Article 21 grants them the freedom to create idols and support themselves on the one hand, and the restraints imposed by the Immersion Guidelines in 2010 on the other. They further contended that there should be no restrictions on the style or height of these idols, nor on the materials that can be used, such as clay or POP.
While emphasizing that fundamental rights are not absolute and must be weighed against environmental concerns, the court stated that the guidelines were based on expert guidance and intended to address any potential harm from idol immersion in water bodies. While appreciating the artisans’ concerns, the court eventually dismissed the petitions, prioritising the need for environmental standards.
The stricter approach mandated by the 2020 guidelines was met with increasing resistance from artisans, as seen in Shree Ganesh Murtikar Pratishthan & Ors. v. Union of India & Ors. (2021). On behalf of Maharashtra’s idol makers, the applicants argued that PoP was less polluting than some thought and provided several arguments for its continued usage. Nevertheless, their application was denied by the National Green Tribunal (NGT). The Tribunal maintained the CPCB’s competence to recommend reducing water pollution as an expert body. The precautionary principle took precedence, which calls for taking preventative measures to protect the environment even without clear scientific proof regarding the precise effects of PoP.
Vinodkumar Rameshchand Gupta and others in 2021 petitioned the Bombay High Court against the ban on selling Plaster of Paris (PoP) idols during festivals such as Ganesh Chaturthi and Durga Puja. They claimed to have suffered significant financial loss as they had already made many PoP idols. The court recognised the petitioners’ financial burden and granted the petitioners permission to sell the already manufactured PoP idols as PoP objects rather than idols intended for worship or immersion. The revised guidelines only ban the creation of PoP idols for worship, not other PoP objects. This difference seeks to alleviate the environmental harm brought about by the immersion of PoP idols in water bodies. Thus, the court upheld the prohibition on making PoP idols while permitting the sale of PoP objects subject to strict limitations on their intended use.
In the case of Prakash v. District Collector Tirunelveli & Others (2023), the court upheld the artisans’ right to engage in trade while acknowledging environmental concerns and upholding the prohibitions on PoP idols. The court decided that there could be no restrictions on selling idols built from non-polluting materials. This strategy allows artisans to modify their methods and continue their livelihoods while abiding by environmental standards.
Implementation challenges
Ensuring that these regulations are fully implemented continues to be a challenge. Here’s where writs come into the picture; the judiciary issues them to hold officials accountable, as seen in the case of Vanashakti & Anr. v. Municipal Corporation of Greater Mumbai & Ors—(September 4, 2023). The petitioners in this case filed a petition against the authorities, including the Municipal Corporation of Greater Mumbai (MCGM).
The petition highlighted the CPCB’s recommendations for promoting eco-friendly materials and safe immersion techniques. It also referred to an Eco-sensitive Zone notification that forbade the use of dangerous materials near water bodies and the Environment (Protection) Act, 1986 and its accompanying regulations. However, the court recognised the persistent problem and previous court orders, suggesting a pattern of non-compliance. To remedy this, the court ordered the MCGM to submit an affidavit outlining their actions to adhere to the CPCB guidelines and the applicable statutes.
Similarly, the case of Sarang Yadwadkar & Anr v. The District Collector & Ors (September 24, 2015) emphasises the difficulties in putting regulations into practice, especially regarding how to dispose of the debris accumulating during idol immersion. In this case, the petitioners submitted an application to the NGT contesting the purported loss of drinking water and environmental damage brought on by the excessive discharge of water from the Khadakvasla Dam for idol immersion. In its ruling, the Tribunal recognised the difficulties and ordered the Pune Municipal Corporation to take particular steps to remedy the situation. These steps included building more artificial tanks for immersion use and choosing new landfill locations for disposing of the sludge generated by idol immersion.
Recently, in January 2024 the Maharashtra government assured the Nagpur bench of the Bombay High Court that it would implement a policy within three months to forbid the use of plaster of Paris (PoP) in Ganesh idols and ensure eco-friendly immersion during Ganeshotsav in response to a suo motu PIL.
Possible Solutions
The vision of zero waste festivals is to ensure that none of these celebrations should have any negative impact on the natural environment. The responsibility to achieve this vision falls on the shoulders of all the stakeholders. Each stakeholder, can make appropriate changes within their scope for a collective resolution to be achieved.
- Citizens as consumers, through demand, can create a rising market for eco-friendly idols, which might incentivise sellers and craftspeople. As advised by the CPCB, citizens might actively search for idols crafted from organic, biodegradable materials. This encourages a movement in the market towards sustainable options and sends a clear statement.
- Worshippers involved in the act of immersion need to adopt responsible immersion. The environment can be preserved by adhering to approved immersion sites, avoiding immersion in rivers or other natural water sources, choosing home immersion and using as little décor as possible.
- By bringing attention to the need for more vigorous enforcement and raising awareness through social media campaigns or community activities, the consumers can foster greater engagement among all the stakeholders and a shared commitment to a cleaner environment.
- Artisans should make clay or papier-mache idols and use natural dyes. They can collaborate with environmental organizations or the government to get training on making these eco-friendly idols, which will help assure quality and viability in the market.
- Public awareness programmes can educate citizens about the CPCB guidelines and the need for environmentally sustainable immersion practices.
- As per the guidelines, the government must fulfill its task of creating designated immersion sites in the form of artificial ponds or setting aside spaces with proper waste management facilities to ensure responsible waste disposal.
- The government is the key to implementing these sustainable practices. They can make it financially feasible for artisans by offering tax advantages or subsidies to idol producers who transition to eco-friendly materials.
- Vendors should give eco-friendly idols priority and motivate buyers to make ethical decisions. They should collaborate with artists who make eco-friendly idols to provide them with a consistent market for these idols and, at the same time, advance environmental sustainability.
Punaravartan - the circular economy approach
The circular economy is a practical and sustainable solution that enables reducing waste by incorporating reuse of materials and goods via a closed loop, thereby limiting the economy’s dependence on fresh material and energy inputs, and promoting environmental preservation.
The Punaravartan campaign initiated by the eCoexist Foundation and run by a network of NGOs is an example of such a circular effort in Pune, Ahmedabad, Chhatrapati Sambhaji Nagar, Pimpri Chinchwad, Sindhudurg, Thane, and Bangalore. Post-consumer clay sludge is gathered after immersion from used Ganesh idols and retired to artisans, to repurpose it into refreshed, usable clay for idol creation. The campaign highlights how waste from one process may become an input for another, creating the possibility of endless loops inside the system. To find innovative uses for leftover, mixed clay materials, product designers and architects are invited to experiment with its applications .
The Punaravartan campaign allows people to reduce the negative impact on the environment while honouring long-standing customs. It demonstrates that it is indeed possible to create win-win solutions that can create livelihoods while also protecting Nature.
Conclusion
The legal path paved by judgements and the CPCB guidelines can only provide a road map, but its implementation relies on collaboration. Consumers should purchase eco-friendly idols and indulge in responsible immersion practices. With help from citizens and environmental organizations, artisans can produce beautiful and sustainable idols. The government can encourage reform and create proper waste management infrastructure. Vendors can prioritise the selling of environmentally responsible idols.
This approach goes beyond the festival itself. Initiatives such as Punaravartan’s clay recycling programme highlight the power of a circular economy, in which waste from one activity is used as an input in another. By encouraging creativity and inventiveness, we can ensure that the blessings of Ganesh Chaturthi benefit not just devotees but also the environment.
List of cases studied
Date | Petitioner | Court | State |
---|---|---|---|
1995 | K L Vyas | Andhra Pradesh High Court | Andhra Pradesh |
22nd July, 2008 | Janhit Manch | Bombay High Court | Maharashtra |
1st January, 2015 | Sarang Yadwakar | National Green Tribunal | Maharashtra |
31st August, 2016 | Daxin Gujarat Murtikar Sangathan | Gujarat High Court | Gujarat |
11th September, 2018 | Surat Citizens Council Trust | Gujarat High Court | Gujarat |
25th August, 2021 | Vinodkumar Rameshchand Gupta | Bombay High Court | Maharashtra |
25th August, 2021 | Shree Ganesh Murtikar Pratishthan | Bombay High Court | Maharashtra |
4th September, 2023 | Vanashakti | Bombay High Court | Maharashtra |
16th September, 2023 | Prakash | Madras High Court | Tamil Nadu |
26th September, 2023 | Rohit Joshi | National Green Tribunal | Maharashtra |
3rd January, 2024 | Kamlesh Prajapati | National Green Tribunal | Madhya Pradesh |
Footnotes
- Paridhi Minda is a student of Symbiosis Institute for Media and Mass Communications, Pune. This article was written as part of an internship with the eCoexist Foundation. You can reach her at [email protected]
- Founder, eCoexist Foundation [email protected]
- Central Pollution Control Board (CPCB), Ministry of Environment, Forests and Climate Change. (2020). Revised Guidelines for Idol Immersion. Retrieved on 26 June 2021 from: https://cpcb.nic.in/openpdffile.php?id=TGF0ZXN0RmlsZS8yOTVfMTU4OTI3Mzk4Nl9tZWRpYXBob3RvMjQzNjUucGRm
- Water (Prevention and Control of Polution) Act, 1974, § 1, No. 6, Acts of Parliament, 1974 (India).
- Environment (protection) act, 1986, § 1, No. 29, Acts of Parliament, 1986 (India).
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INDIA CONST. art. 51, § A, cl. g.
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Janhit Manch v. State of Maharashtra, (2008). https://www.courtkutchehry.com/Judgement/Search/t/440596-janhit-manch-bhagvanji-raiyani-and
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Surat Citizens Council Trust v. State of Gujarat (2018) https://www.casemine.com/judgement/in/5bac9deb4a93264bbd741fca
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Rohit Joshi v. thane Municiple Corporation (2023) https://indiankanoon.org/doc/64800740/
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Umesh Prajapati and Others v. State of Madhya Pradesh (2024)https://www.casemine.com/judgement/in/6597097fd52f5729a6b951d9
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Daxin Gujarat Murtikar Sangathan v. State of Gujarat & Others (2016)https://indiankanoon.org/doc/57896170/
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Shree Ganesh Murtikar Pratishthan & Ors. v. Union of India & Ors. (2021) https://indiankanoon.org/doc/186765627/
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Vinodkumar Rameshchand Gupta & anr v. Union of India, Ministry of Environment, Forest & Climate Control https://www.livelaw.in/pdf_upload/biodegradable-ganesh-idols-suo-motu-bombay-high-courtwatermark-399433.pdf
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Prakash v. District Collector Tirunelveli & Others (2023)https://indiankanoon.org/doc/33038377/
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Writs are used to provide extraordinary remedy, usually against administrative action, while an order can be passed in any matter
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Vanashakti & Anr. v. Municipal Corporation of Greater Mumbai & Ors. (September 4, 2023) https://indiankanoon.org/doc/26085060/
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Sarang Yadwadkar & Anr v. The District Collector & Ors (September 24, 2015)https://www.casemine.com/judgement/in/574989a6e56109100ce98662
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Disposal of the waste materials after festivals as landfill in abandoned quarries is an accepted practise by most local governments. There continues to be sensitivity around this disposal method as worshippers find it disrespectful.
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ICCE-Circular Economy, https://ic-ce.com/article-circular-economy-and-sustainability/, (last visited June 5, 2024).
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Punaravartan, https://punaravartan.org/, (last visited June 5, 2024).