Bombay HC Questions Legal Authority to Regulate PoP Idol Immersion
UPSC / SSC current affairs note · Polity
Why in news
The Bombay High Court questioned who has the legal authority to regulate PoP idol immersion if CPCB guidelines are only advisory. This arises from petitions seeking a ban on immersion in natural water bodies and challenges by idol makers. The court's observations highlight a legal vacuum in environmental regulation.
Background
The Central Pollution Control Board (CPCB) issued guidelines in 2020 prohibiting immersion of Plaster of Paris (PoP) idols in natural water bodies. However, these guidelines are now argued to be advisory and not legally binding. The Maharashtra government has permitted immersion of large PoP idols on a pilot basis, citing experimentation for reuse.
Key facts
Bombay HC bench of Justices Ajey Gadkari and Kamal Khata heard petitions on PoP idol immersion.
CPCB's 2020 guidelines on PoP idol immersion are claimed to be advisory, not legally binding.
PoP idol manufacturers argue guidelines violate their fundamental right to carry on business.
Manufacturers state they do not insist on immersion in natural water bodies and will obey local body directions for artificial ponds.
CPCB advocate said guidelines were issued pursuant to High Court directions, not under specific statutory provision.
Environmentalist Rohit Joshi seeks strict implementation of CPCB guidelines banning PoP immersion in natural water bodies.
Advocate Mihir Desai argued PoP does not dissolve and pollutes drinking water sources.
Maharashtra government sought court permission to continue immersion of large PoP idols on a pilot basis for reuse.
Court will continue hearing on Thursday.
Prelims pointers
- Central Pollution Control Board (CPCB): statutory body under Water (Prevention and Control of Pollution) Act, 1974
- Plaster of Paris (PoP): calcium sulfate hemihydrate, non-biodegradable
- Bombay High Court: jurisdiction over Maharashtra, Goa, Dadra and Nagar Haveli, Daman and Diu
- Article 19(1)(g): right to practice any profession, or to carry on any occupation, trade or business
- Water (Prevention and Control of Pollution) Act, 1974
- Environment Protection Act, 1986
Mains angles
- GS2: Judiciary – role of High Courts in environmental protection and judicial review of executive guidelines
- GS3: Environment – pollution from idol immersion, CPCB guidelines vs. state policies, sustainable alternatives
- GS2: Polity – separation of powers, binding nature of regulatory guidelines, fundamental rights vs. environmental protection