MADURAI: The Madurai Bench of the Madras High Court on Saturday directed the Tirunelveli district administration to not prevent the sale of Vinayagar idols made of plaster of paris (PoP), based on the revised guidelines for idol immersion issued by the Central Pollution Control Board.
Justice GR Swaminathan, hearing the petition of Prakash, a Rajasthani artisan selling Vinayagar idols made of PoP, directed the district administration to not prevent the sale of idols that are made using PoP in permissible limits. As the counsel representing the district administration said they had merely complied with the direction issued by the district environment engineer of Tamil Nadu Pollution Control Board of Tirunelveli, the court directed Prakash to furnish details of those who purchase the idols in order to ensure that immersion guidelines are not violated.
"The grievance of the petitioner is that the district administration is preventing him from selling the idols that have been made with PoP in permissible limits. The idols could be installed at homes temples or even marriage halls. Immersion of idols containing plaster of Paris cannot be permitted but their sale cannot be prevented by the authorities," the court said.
Justice Swaminathan said the restraint on immersion is a reasonable restriction. But prevention of sale would amount to a violation of the petitioner's fundamental right, which is guaranteed under Article 19(1)(g) of the Constitution.
The court further observed that it would be illegal on the part of the police to prevent the manufacturing and sale of eco-friendly idols. If the police or other authorities indulge in such an act, they will have to pay damages if the aggrieved party seeks legal remedy. In any event, idols made of PoP cannot be immersed in Thamirabarani or any other waterbody, the judge added.