ORDER

1. By way of filing this application, the petitioner Kamlesh Prajapati of Nagar Parishad of Multai District Betul Madhya Pradesh seeks direction to prohibit immersion of non-eco-friendly idols in water bodies. Reliance is placed on instructions of the Central Pollution Control Board to this effect. The Central Pollution Control Board has issued the guidelines for idol immersions on 18.06.2010. The guidelines referred to an order of the Bombay High Court dated. 22.07.2008 in PIL / WP (C) No. 1325/2003, Janhit Manch Vs. The State of Maharashtra and Ors. which directed the Central Government to laid down the guidelines.

The Central Pollution Control Board constituted the committee and suggested that the barricaded spaces in a river stretch should be 2 identified for idol immersion. Waste generated should be separately disposed of. Eco-friendly colours should be explored, natural material should be used, awareness programme should be initiated. The contents of the guidelines are quoted below:

“ 1.0 INTRODUCTION

To worship God and Goddess generally natural things like Milk, Curd, Ghee, Coconut, Betel leaves and river water are used. Generally, Idols are made with clay or locally available materials and then coloured with natural materials like Chandan, Turmeric etc. The religious scripts, mythology and religious rituals have attempted to drive the importance of preserving nature by adoring it through the centuries.Bhagavadgita (9.26) states:

“Patram Pushpam phalam toyam, yo mey bhaktya prayachchati Tadaham bhakt yupahrutam asnaami prayataatmanaha” which means “ If one offers me in pure consciousness with love and devotion a fruit, a flower, a leaf or even water, I delightfully partake of that offered article”

Traditionally, clay is used to make Ganesh idols. Over the years however, plaster of Paris (POP), which is lighter and cheaper, has become the favoured material to mould idols. POP contains chemicals such as gypsum, sulphur, phosphorus, and magnesium. The dyes used to colour these idols may also contain mercury, cadmium, arsenic, lead, and carbon. Plastic and thermocol accessories are used to decorate these idols. Such materials are not biodegradable, hence are toxic when immersed in water bodies. Hence, need was felt to develop guidelines for idol immersion.

In the matter of Public Interest Litigation (PIL) / W.P.(C) No. 1325/2003 in the matter of Janhit Manch Vs. The State of Maharashtra & Ors., Hon’ble High Court of Mumbai in its order dated 22/07/2008 has given the following directions to the Central Government:-

“We expect that the Central Govt. will consider laying down of guidelines for immersion of idols and would also consider related matters with regard to pollution of water bodies. Both the Union Government as well as the State Government shall consider it expeditiously because the time lost involving the pollution might prove dangerous for environment of the country in long run

In pursuance to the directions of Hon’ble High Court, Central Pollution Control Board (CPCB) constituted a Committee under the Chairmanship of Chairman, Central Pollution Control Board, vide order No. A-22011/1/90- Mon, dated February 10, 2009. In the year 2009. The constituted Committee held meetings with the concerned stakeholders and discussed the issues including designated identification of places for idol immersion in the river stretch, use of natural materials in “Pooja”, mass awareness programmes to be initiated every year before commencement of all activities of worship and idol immersion. Subsequently, based on the recommendations of the Committee, in the year 2010, CPCB has finalized “Guidelines for Idol Immersion” and circulated to all the stakeholders for ensuring its implementation. These guidelines have been prepared with a view to ensure environmental friendly idol immersion without affecting the quality of water bodies while ensuring religious observance. These guidelines emphasize the need for restriction on single use plastic