STATE LAW UPDATES

Telangana High Court says it would not relax the conditions imposed on use of plaster of Paris

The Telangana High Court on Wednesday said it would not relax the conditions imposed on use of plaster of Paris (PoP) in manufacturing idols of Lord Ganesh, Goddess Durga and other deities.

  • No relaxation on idol immersion: A division bench comprising Chief Justice Satish Chandra Sharma and Abhinand Kumar Shavili said when strict guidelines were issued by the Supreme Court on using plaster of Paris in idol-making and conditions imposed by the Central Pollution Board in immersion of idols in lakes, how the court could direct any relaxation to them.
  • CPCB directions: The Pollution Control Board banned the usage of PoP in manufacturing idols on the ground that the water tanks and lakes will be affected seriously when idols are immersed, as PoP does not dissolve and it would threaten the existence of tanks. In May 2020, CPCB had issued detailed guidelines banning POP idols, which are said to be the cause of serious pollution of water bodies. However, the ban was postponed for one year after idol makers expressed fear of loss of livelihood due to it. The CPCB had also listed detailed guidelines like registration of idol makers who make more than 100 idols in a day, visarjan charges etc.
  • Previous history: There are states that banned the use of Plaster of Paris. The first state to ban the use of PoP Ganesha idols in India was Tamil Nadu in 2004, followed by Gujarat and Maharashtra in 2011 and Goa in 2013. The POP idol makers in these states knocked the doors of their respective High Courts. The ban on POP idols was declared as unconstitutional by the respective state’s High Courts. Tamil Nadu, Gujarat and and Maharashtra then banned immersion of POP idols in lakes and rivers. These governments allow small idols to be immersed in artificial tanks while bigger idols continue to get immersed in rivers.

  • CPCB Directions: The Central Pollution Control Board (CPCB) banned the use of plaster of paris (PoP), thermocol and single-use plastic in idols. Use of pyramid of sugarcane sticks for pandals along with natural clay and natural clay mixed with alum have been suggested for idols by the CPCB.PoP contains chemicals such as sulphur, phosphorus and magnesium and is the cheapest and least labour-intensive material for idols. PoP idols are priced between Rs 500 to Rs 1,000, depending on the size of the idol. However PoP takes months to completely dissolve in water. Dyes currently used to colour idols usually contain mercury, cadmium, arsenic, lead, and carbon — all of which are harmful for aquatic biodiversity. Clay idols take two to three weeks to dissolve in water and are more expensive than PoP.
  • Other High Courts: The Aurangabad bench of the Bombay high court had earlier imposed a total ban on the use of plaster of Paris (PoP) for making Ganesh idols, which pollutes water, thereby polluting the environment.

HON’BLE JUSTICE MR SATISH CHANDRA SHARMA

Chief Justice Telangana High Court

HON’BLE MR JUSTICE ABHINAND KUMAR SHAVILI

Judge Telangana High Court

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