The Bombay High Court rules that the right to clean air and water is fundamental, refusing eco-friendly Ganpati idol immersion in natural water bodies to protect public welfare.
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MUMBAI: The Bombay High Court has recently delivered a landmark ruling regarding the immersion of eco-friendly Ganpati idols in natural water bodies, reiterating the balance between individual religious practices and community rights.
On Thursday, a bench comprising Acting Chief Justice Shree Chandrashekhar and Justice Aarti Sathe refused a petition seeking permission to immerse eco-friendly Ganpati idols in natural water bodies, including the historical Banganga Talao in South Mumbai.
The petition, filed by Sanjay Shirke, challenged the Brihanmumbai Municipal Corporation’s (BMC) guidelines and a notification by the Maharashtra Pollution Control Board (MPCB) that prohibits immersion in Banganga talao. While Shirke argued that such immersion had been permitted in the past, the court rejected the claim, emphasizing public welfare over individual convenience.
In its judgment, the Bombay High Court highlighted that the right to clean air and water is a fundamental right of every citizen. The bench noted:
“When a court is faced with an issue regarding enforcement of individual rights against the fundamental rights of citizens and rights of the community, hardship to individuals cannot override the larger issues involved.”
The court clarified that individual religious practices cannot compromise the collective right to a safe and clean environment, and the petitioner has no fundamental right to immerse idols in a protected heritage monument like Banganga Talao.
The court upheld the BMC’s Standard Operating Procedure (SOP) and the MPCB’s notification, which were designed to protect water bodies and public health. According to the guidelines:
- Eco-friendly idols under six feet must be immersed in artificial tanks.
- Idols taller than six feet may be immersed in natural water bodies.
- The use of Plaster of Paris (PoP) idols in natural water bodies is prohibited to prevent water pollution.
Advocate General Birendra Saraf emphasized that Banganga Talao is a heritage structure protected under the Ancient Monuments and Archaeological Sites and Remains Act, and therefore, no individual has the right to compromise its sanctity.