GANESH MURTIKAR PRATISHTHAN v. MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE

cosmetics. Traditionally, clay collected from the river banks was used for the idols which has following drawbacks:

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a. Lack of availability of clay in abundance to meet need of mass production of idols.

b. There is Destruction of natural sedimentation on river banks while extracting clay (Shadu)

c. Clay Idols are fragile and susceptible to frequent breakage. d. Clay Idols have limited shelf life and start disintegrating. e. Clay Idols are difficult to transport.

f. Number of manufacturers of clay idols is limited. g. Clay contains Silica, Iron, Aluminum, Manganese, Magnesium, Potassium, Sodium and 8 other similar minerals along with their compounds.

h. Clay disperses in water and settles at bottom causing sedimentation.

i. Clay idols are not recyclable. j. The Applicants state that since the last 60-70 years, the idol manufactures opted for mass production of idols made from plaster of Paris as the idols made from PoP have the following advantage."

3. For the last 60-70 years, POP replaced clay because of following benefits:

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a. PoP Idols are durable and have high shelf life and are easy to transport.

b. PoP Idols are made of Calcium and Sulphate which is not easily soluble in water.

c. PoP from Idols does not disperse in water when immersed and causes less pollution.

d. PoP Idols are attractive and light in weight and hence sedimentation is less as compared to clay idols. e. PoP idols can be mass produced to meet demand of the people. f. PoP Idols are affordable than clay idols and can be purchased by all strata of society

g. PoP is easily recyclable."

4. According to the applicants, POP is obtained from naturally occurring gypsum and is not hazardous. Manufacture of idols by itself does not cause any pollution and it is only immersion which raises the issue. The applicant has referred to a report prepared by a NGO 'Srishti Eco' dated 05.09.2004 to the effect that POP idols are less polluting. Further reliance is on an article dated 01.07.2014 published in

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International Journal of Scientific Engineering and Technology (Vol. No. 3, Issue No. 71) about recycling of POP.

5. Applicants have submitted that a detailed scientific study is required to prove that POP causes pollution. On the contrary, use of POP will prevent degradation of environment on account of excavation of clay from the river banks. Alum in clay idols is harmful for humans. In spite of immersion of 500 idols every year, Lake in Hamarpur village in Pen Taluka, District Raigad is clean. Similar is the position of a lake at Wagholi, Taluka Haveli, District Pune. Applicants have also relied upon report from a lab that clay has more harmful ingredients compared to POP. The applicants have then referred to order of the Bombay High Court dated 22.07.2008 in PIL (W.P.) No. 1325/2003 requiring issuance of guideline on the subject of immersion of idols containing toxic colors and other toxic materials. This led to Guidelines dated 18.06.2010 by CPCB. Thereafter, further guidelines were issued on 23.01.2012 by Gujarat Pollution Control Board which were quashed by order of this Tribunal dated 09.05.2013 inter-alia on the ground that directions under Section 5 of the Environment (Protection) Act, 1986 (EP Act) could not be issued by the State Government. It was further observed that powers under the Water (Prevention and Control of Pollution) Act, 1974 could be invoked only when there was a discharge of toxic material into the water body. A direction was issued to study whether POP made idols pollute water. There is also an order of this Tribunal dated 05.08.2016, following the judgment dated 09.05.2013, declining to issue a direction to impose ban on manufacture of idols from POP, in absence of a study warranting such ban.

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6. We have heard learned counsel for the applicants and perused the record.

7. It will be appropriate to reproduce the impugned direction which seeks to revise the pre-existing 2010 Guidelines on the subject. The relevant clause from the impugned Guidelines reproduced below:-

"Idols made up of only natural, bio-degradable, eco-friendly raw materials without any toxic, inorganic raw materials (such as traditional virtuous clay and mud as well as free from Plaster of Paris (POP), plastic and thermocol (polystyrene) should be encouraged, allowed and promoted and idols made up of Plaster of Paris (POP) shall be banned."

8. We find that the application under Section 14 -15 of the NGT Act can be filed only by a victim of damage to the environment in view of the judgment of the Hon'ble Supreme Court in Techi Tagi Tara Vs. Rajendra Singh Bhandari & Ors.¹. Thus, the application is not maintainable. Moreover, as per 'Precautionary' principal of environmental law, required safeguards can be adopted in anticipation of damage even in absence of a scientific study. CPCB being an expert body, has issued guidelines in pursuance of order of the Bombay High Court and 2010 guidelines earlier issued on the subject, which were admittedly upheld, have been now revised. The same are to prevent immersion of idols containing harmful component which may result in degradation of water quality. While there may be some opinions about POP being less polluting or less harmful, the same cannot be taken as conclusive. There can be differing opinions on the subject. We may only note that POP idols need use of chemical paints which are certainly harmful for water quality. We note that the impugned revised guidelines are reiteration of NMCG statutory order under section 5 of the EP Act dated 16.9.2019 passed in

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pursuance of orders of this Tribunal in the case of abatement of pollution of Yamuna and Ganga, being orders dated 13.1.2015 and 16.9.2015 in OA 6/2012 (Yamuna) and orders dated 11.4.2017 and 13.7.2017 in OA 200/2014, holding that immersion of idols in the rivers was an identified cause of pollution which was required to be controlled.

9. In these circumstances, we do not find any ground to entertain this application which is accordingly dismissed. Adarsh Kumar Goel, CP

Sudhir Agarwal, JM

M. Sathyanarayanan, JM

Brijesh Sethi, JM

Dr. Nagin Nanda, EM

July 5, 2021

Original Application No. 38/2021(WZ)

A

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