Bombay High Court: Idol Immersions Cannot Violate Right to Clean Air and Water
Mumbai: The Bombay High Court has ruled that the right to clean air and water is a fundamental right, refusing to allow immersion of eco-friendly Ganpati idols in natural water bodies. The court stressed that community welfare and environmental protection outweigh individual convenience.
A division bench of Acting Chief Justice Shree Chandrashekhar and Justice Aarti Sathe dismissed a petition filed by Sanjay Shirke, who sought permission for idol immersion in places like the historic Banganga Talao in South Mumbai. The petition challenged restrictions imposed by the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB).
The court made it clear that personal religious practices cannot override the collective right to a clean environment. “When faced with individual rights versus the fundamental rights of citizens and the community, hardship to individuals cannot outweigh the larger issues involved,” the bench observed.
The court upheld BMC’s Standard Operating Procedure (SOP) and MPCB’s guidelines, which aim to protect water bodies and public health. As per the rules:
- Eco-friendly idols under six feet must be immersed in artificial tanks.
- Idols taller than six feet may be immersed in natural water bodies.
- Plaster of Paris (PoP) idols are strictly banned in natural water bodies.
Advocate General Birendra Saraf also pointed out that Banganga Talao is a heritage monument protected under the Ancient Monuments and Archaeological Sites and Remains Act, making immersion there impermissible.
The ruling reinforces that the environment’s protection is a shared responsibility and forms part of every citizen’s fundamental rights.
