Supreme Court Upholds Ban On Sale Of Plaster Of Paris Ganesh Idols

The Supreme Court has upheld an order issued by a division bench of the Madras High Court that banned the sale of Lord Ganesh idols made from plaster of Paris (PoP). The bench, consisting of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, emphasized that the petitioners could have opted for natural clay or other materials that are environmentally friendly and can be immersed in water.

In response to the matter, Chief Justice DY Chandrachud remarked, "The appellate order is interim in nature. What is the use of selling idols which cannot be immersed... You could have used natural clay etc. Sorry. Dismissed."

The case revolved around an appeal challenging a Madras High Court division bench's stay order, issued on Sunday, which reversed a single-judge order allowing the sale of PoP idols in preparation for Ganesh Chaturthi. Justice GR Swaminathan, on Saturday, had suggested that while the sale of PoP Vinayaka idols couldn't be restricted, their immersion in water bodies could be controlled. The single judge had instructed shopkeepers to maintain a register with customer details for inspection by authorities.

However, the following day, a bench of Justices SS Sundar and Bharatha Chakravarthy stayed the single-judge order, citing Central Pollution Control Board guidelines. The bench also rejected the argument that prohibiting the sale of PoP idols would cause financial hardship to sellers, noting that only one day of the ongoing festival remained.

Senior Advocate Shyam Divan appeared before the Supreme Court on behalf of an artisan who had challenged the division bench's order. Divan argued that facilities could be provided for the immersion of PoP idols in artificial water bodies or special tanks and mentioned that several idols remained unsold, with the festival's last day approaching.

Despite these arguments, the Supreme Court dismissed the plea, thus upholding the ban on PoP Ganesh idols in the interest of environmental conservation.

Author: Anushka Taraniya

News Writer, MIT ADT University