Rohit Manohar Joshi Vs State of Maharashtra & Ors. (Supreme Court of India)
The matter concerns challenges relating to the Revised Guidelines dated 12 May 2020 issued by the Central Pollution Control Board (CPCB) regarding the manufacture and immersion of idols. Multiple proceedings were initiated before the Bombay High Court, including Public Interest Litigation No. 96 of 2024 and several writ petitions challenging Clause 2.0 of the Revised Guidelines.
Read Bombay HC Interim Order in this case: Bombay HC Allows Making PoP Idols Because CPCB Guidelines Are Advisory
In the PIL, the petitioners sought implementation of the CPCB Revised Guidelines, alleging that despite the guidelines, the idol industry continued to manufacture and immerse idols made of Plaster of Paris (PoP) in violation of the CPCB directions. In the connected writ petitions, the petitioners challenged the validity of Clause 2.0 of the guidelines. It was argued that the guidelines were framed without considering the benefits of PoP, violated principles of natural justice, were not legally enforceable, and curtailed the fundamental right of artisans to carry on trade or business.
The background of the guidelines traces back to a Public Interest Litigation filed in 2003 before the Bombay High Court seeking a ban on immersion of idols and other materials in natural water bodies. In 2008, the Court observed that the Central Government was considering national guidelines to regulate idol immersion and expected the Union and State governments to address pollution caused by immersion practices.
