State Must Implement Notification Banning POP Idols with All Seriousness Under Environment Protection Act: Karnataka High Court - 2025-09-27

Karnataka HC Directs State to Enforce Ban on POP Idols with "All Seriousness"

Bengaluru: The Karnataka High Court, while disposing of a petition filed by the state's own Pollution Control Board, has directed the State of Karnataka to implement its notification banning the manufacture, sale, and immersion of Plaster of Paris (POP) idols "with all seriousness and to its full extent." The division bench, comprising Chief Justice Vibhu Bakhru and Justice C M Joshi , underscored the gravity of water pollution caused by such idols, which violates the fundamental right to a clean environment under Article 21 of the Constitution.

The Board's Plea for Enforcement

The Karnataka State Pollution Control Board (KSPCB) had approached the High Court seeking a Writ of Mandamus to compel state authorities, including local bodies and the police, to enforce a government notification dated September 15, 2023. This notification, issued under Section 5 of the Environment (Protection) Act, 1986, prohibits the use of POP and chemical-laden paints in idols to prevent the irreversible pollution of water bodies.

The KSPCB highlighted that despite its own 2016 order under the Water Act and the subsequent government notification, the illegal manufacture and sale of POP idols continued unabated. The Board cited a specific instance where two individuals, arrayed as respondents, were found to have illegally manufactured and surreptitiously moved POP idols from their sealed units, flooding the market with the banned items.

Arguments in Court

The counsel for the KSPCB argued that the immersion of POP idols, often decorated with hazardous, oil-based paints containing toxic heavy metals, leads to severe and irreversible damage to rivers, lakes, and other water sources. This, it was contended, is a direct infringement on the right to life.

The State government, represented by the Additional Government Advocate, informed the court that it was taking action. It was submitted that an FIR had already been lodged against the specific illegal manufacturers mentioned in the petition and that necessary legal proceedings would follow.

However, when questioned by the bench on whether the State was actively failing to implement the notification, the KSPCB's counsel conceded that while authorities were making efforts, violators were successfully evading the law.

The Court's Directive

Observing that a government order for implementation is already in place, the High Court found it unnecessary to issue a fresh writ. Instead, the bench used its observations to reinforce the State's duty. The court noted:

"We do not consider it apposite to pass any order in this petition as the Government order has already been passed and the same requires to be implemented. Indisputably, the issue raised is a serious one and we expect that the State Authority shall implement the notification with all seriousness and to its full extent."

Final Decision and Implications

The court disposed of the petition with these strong observations, effectively placing the onus on the state government and its various agencies to ensure strict compliance with the environmental mandate. The judgment serves as a stern reminder to the executive branch of its responsibility to protect the environment and enforce its own regulations, particularly when public health and the fundamental right to a clean environment are at stake.