Legal History Litigations filed on the issue of Ecofriendly Ganesh festival
The legality surrounding Ganesh idols can vary depending on the region, country, and specific regulations in place. Legal considerations often revolve around factors such as the materials used to make the idols, their size, the environmental impact of their immersion, and any cultural or religious sensitivities associated with their use. Here are some common legal aspects to consider:
- Materials Used: In many places, there are regulations or guidelines regarding the materials that can be used to make Ganesh idols. This is often to promote the use of eco-friendly and biodegradable materials like clay (Shadu clay) and discourage the use of non-biodegradable materials like Plaster of Paris (PoP).
- Size and Weight Restrictions: Some regions have imposed size and weight restrictions on Ganesh idols to prevent the use of excessively large idols that can lead to difficulties during transportation and immersion. These restrictions are often put in place to ensure public safety and the well-being of the environment.
- Environmental Impact: Regulations may focus on the environmental impact of immersing idols in water bodies. Idols made from materials that do not dissolve easily can contribute to water pollution. As a result, there might be bans or guidelines for using eco-friendly materials that minimize environmental harm.
- Immersions and Processions: Many places have specific guidelines for the immersion processions that accompany Ganesh festivals. These guidelines might address issues like traffic management, crowd control, and maintaining public order during the festivities.
- Permits and Permissions: Depending on the size and scale of celebrations, organizers might need to obtain permits or permissions from local authorities to conduct processions, set up temporary structures, or hold public events associated with Ganesh festivals
- Cultural and Religious Sensitivities: Legal considerations may also touch on cultural and religious sensitivities surrounding the use of Ganesh idols. These might involve respecting the sentiments of the community and ensuring that the traditions are upheld in a respectful and responsible manner.
It’s important to research and understand the local laws and regulations in your specific region if you’re involved in making, using, or immersing Ganesh idols. Adhering to legal requirements and embracing eco-friendly practices can help ensure that cultural and religious celebrations are conducted in a way that is harmonious with both tradition and the environment.
Legal Perspectives Stalin Dayanand
2005 – 2024 LITIGATIONS ON GANESH IDOL ISSUE
Legal histories
| City | Court of law | Petitioner | Year of application | Salient points | Follow up |
|---|---|---|---|---|---|
| Hyderabad | Andhra Pradesh High Court | 2005 | ordered the State Government not to allow immersion of Ganesh idols in the Hussain Sagar lake of Hyderabad | ||
| Allahabad | High court | Smt. Abhilasha Gupta Nandi | 2006 | prevention of pollution in river Ganga | |
| Mumbai | High Court | Janhit Manch, Bhagwanji Raiyani. | 2007 | measures to control water pollution following immersion of lakhs of Ganpati and Durga idols in the sea and other water bodies of the city | HC asked CPCB to frame guidelines |
| Delhi | Supreme Court | Salek Chand Jain | 2009 | seeking ban of idol immersion during festivals like Durga Puja and Dussehra | |
| Surat | High court | Kalpesh Barot | 2010 | prevent people from immersing idols in water bodies during religious festivities so as to avoid water pollution. | Rejected by HC |
| Chennai | Salem judicial court | V. Piyush Sethia, Salem Citizens’ Forum | 2012 | petition, which claimed that he ‘surrendered,’ since, as a responsible member of Salem Citizens’ Forum, he had failed to keep his promise given to stakeholders at the time of rejuvenation that the lake would not be ‘abused’ for purpose other than water holding and ayacut use. | dismissed the petition itself pointing out that it had enclosed no supportive documents such as FIR or any specific complaint filed against the petitioner in this regard, |
| Allahabad | High court | Manoj Srivastava | 2013 | no idol would be immersed in the river Ganga and Yamuna | |
| Jabalpur | National Green Tribunal | Adarsh Muni Trivedi | 2013 | alleged violation of certain environmental laws in regard to a site which was designated by the respondents for the purpose of immersion of idols and located in close vicinity of river Narmada in Village Bhatoli near Jabalpur, Madhya Pradesh. | |
| Pune | National Green Tribunal | Sarang Yadwadkar | 2013 | This application was filed against the alleged environmental degradation and loss of drinking water caused by excessive release of portable water from the Khadakvasla Dam for idol immersion. | The Tribunal directed the Municipal Corporation to select new sites for ‘landfills’ to account for the due disposal of sludge and to provide for more artificial tanks (in the manner as suggested in the oral judgment). Additional directions were given to effectuate the same. |
| Gujarat | National Green Tribunal | Sureshbhai Keshavbhai Waghvankar & Ors. | 2014 | immersion of plaster of paris made idols | |
| Chennai | Madras High Court | 2015 | asked the Tamil Nadu Pollution Control Board to file a memo by Thursday, detailing the places it has chosen or identified in districts for the immersion of Vinayaka idols | ||
| Gujarat | National Green Tribunal | Daxin Gujarat Murtikar Sangathan | 2016 | Emphasis on violation of petitioners' rights, particularly the right to carry on trade or business in making idols with plaster of Paris (PoP) or clay. Argument against restrictions on material and height of idols, citing rights under Articles 19 and 21 to carry on trade or business. | Court held that Fundamental rights not absolute; subject to reasonable restrictions balancing individual rights with public interest; no absolute right to make idols of specific materials or sizes. |
| Mumbai | High court | Saakshat Relekar | 2016 | providing of proper facilities like boats, tarafas to immerse Ganesh idols into the deep sea. | |
| Kolkata | High court | Dhar family | 2016 | extend the deadline set by the police for immersion of household idols | |
| Surat | Gujarat High Court | Surat Citizens Council Trust | 2018 | The petition sought to prevent the immersion of idols into River Tapi and construct temporary artificial ponds with earthen bunds. | Ordered a complete ban on immersion of idols during festivals, to raise awareness and implement the 2010 CPCB guidelines. |
| Nagpur | Bombay High Court | Dhondiba Irba Namwad | 2020 | The applicant, the Chief Officer of Municipal Council Khamgaon submitted that no offence has been committed under section 295 of IPC and had no intention to insult the religion or defile any sacred object or object of worship by dumping of Ganesh idols | FIR against the applicants was quashed stating that idols of Ganesh hold value only during the 10-day festival from Ganesh Chaturthi till Visarjan puja. Also, the idols were made of Plaster of Paris (POP) which is harmful to water bodies and needs to be disposed of. |
| Pune | National Green Tribunal | Shree Ganesh Murtikar Pratishthan | 2021 | To seek the quashing of 2.0(i) of the Revised Guidelines for idol immersions issued by CPCB, which bans the use of idols made of POP. | The Court observed that the guidelines were issued by CPCB as an expert body and per the precautionary principle of environmental law and thereby the petition was dismissed. |
| Madras | Madras High Court | Prakash | 2023 | Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus by directing respondent not to interfere with the right of profession /business of selling idols inclusive of Lord Vinayaga idols which has been guaranteed under Article 19(1)(g) of the Constitution of India. | The Court noted that the Clause 2 of the Revised Guidelines, issued by the CPCB specifically refers to idols only if it is made of natural, biodegradable, eco-friendly raw materials The court held that while immersion of POP idols was not permitted, it recognized the petitioner's right to sell the articles made by him as guaranteed under Article 19(1)(g) of the Constitution of India. |
| Mumbai | Bombay High Court | Vanashakti | 2023 | Petitioners alleged repeated issue of environmentally safe idol immersion in Mumbai before Ganesh Chaturthi. Argued negligence of MCGM and other authorities towards environmental concerns | Court’s Acknowledgment of recurring issues and past court interventions. Directing MCGM to file an affidavit detailing steps taken to comply with statutory provisions and guidelines. Seeking clarification on actions of Monitoring Committee mentioned in notification. Expecting all concerned authorities to ensure strict compliance by next hearing. |
| Bhopal | National Green Tribunal | Kamlesh Prajapati | 2024 | The petitioner sought to prohibit the immersion of non-eco-friendly idols in water bodies. | Directed the State authorities to ensure that the plastic plates, cups and other debris are not dumped into the river bodies. Non-compliance or violations of necessary legal action in addition to imposition and realization of environmental compensation must be assessed according to rules. |