Bombay HC clarifies PoP idol immersion case restricted to environmental impression

The Bombay Excessive Court docket on Wednesday (August 5, 2026) clarified that the litigation regarding immersion of Plaster of Paris (PoP) Ganesh idols is confined to the environmental impression of such immersion in pure water our bodies and doesn’t search to intrude with the non secular practices of the Hindu group.

A Division Bench of Justices Ajay Gadkari and Kamal Khata made the remark throughout listening to of petitions associated to the immersion of PoP idols.

The Bench acknowledged that the problem earlier than it was restricted as to whether PoP idols are dangerous to the ecosystem, and never whether or not Ganesh Visarjan as a spiritual apply might be banned.

“We’re not inviting any non secular apply. We’re not saying don’t use flowers, or agarbattis or don’t carry out your rituals or pujas or anything. We’re solely on the problem whether or not an idol fabricated from a selected materials is nice for the ecosystem or not. We’re on a really minute level. No person is prohibiting you in any respect,” Justice Gadkari stated.

The clarification got here when advocate Uday Warunjikar, showing for Akhil Ganeshotsav Mandal, submitted that immersion of Ganesh idols in water our bodies is a necessary non secular apply and the ‘Dharmashastra’ doesn’t allow ‘non-immersion’ of Ganesh idols.

Justice Gadkari responded, “Present us any judgment or scripture which says idol should be fabricated from PoP and of a selected top solely and that it should then be immersed in pure water our bodies.”

Mr. Warunjikar replied that ‘Dharmashastra’ solely speaks about clay however not which types of clay. “When it began it was atypical clay and steadily we switched to shaadu maati and now PoP. So, Dharmashastra doesn’t say PoP. Nevertheless it says immersion of idols in water,” the counsel added.

The counsel cited the Supreme Court docket judgment in Bijoe Emmanuel vs State of Kerala case, whereby three college students had objected to singing the nationwide anthem throughout college meeting and the highest courtroom had held that the Excessive Court docket should not intrude in non secular practices.

“Why are we happening nationwide anthem? How is it associated [to this]? No person is prohibiting you to apply your faith. You present us that PoP is a vital uncooked materials which should be used. We’re merely not impressed with this quotation and submission,” Justice Gadkari remarked.

When Mr. Warunjikar cited one other judgment of the Supreme Court docket on “important non secular apply”, Justice Gadkari made it clear that the courtroom was not pertaining to this difficulty within the prompt petitions.

Weighting in, Justice Khata added: “We’re not stopping immersion or any non secular apply. We’re solely on whether or not any idol above PoP is allowed to be immersed in pure water our bodies.”

The judges requested Mr. Warunjikar if he might place any outdated Hindu scripture which mandated that an idol of Ganesh should be fabricated from PoP. The counsel responded that when the scriptures have been being written, PoP was not found so the fabric would haven’t any point out in any of the scriptures.

The counsel identified that from the purpose of important non secular apply, three levels are vital for Ganesh Chaturthi and referred to observations made within the Ayodhya Ram Temple case relating to immersion of idols in water.

The Bench acknowledged that the litigation considerations immersion of PoP Ganesh idols and is confined to the environmental impression of immersing such idols in pure water our bodies. The courtroom emphasised that “no one is prohibiting the apply of faith”.

“So don’t combine a number of points,” Justice Gadkari instructed Mr. Warunjikar.

The counsel additionally responded to recommendations that PoP-made idols might be despatched to recycling centres by performing ‘symbolic’ immersion. Mr. Warunjikar stated such recommendations would signify the viewpoint of a selected group and never the complete Hindu group.