Legal History Litigations filed on the issue of Ecofriendly Ganesh festival
Technical Committee for Ganesh Festival
Suo Motu Bombay High Court
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.
2005 – 2016 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. | |
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 | ||
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 |