MADURAI: In a special sitting, the Division Bench of Madras High Court's Madurai Bench on Sunday stayed the previous day's single bench order that directed the Tirunelveli district collector not to prevent the sale of Vinayaka idols made of plaster of paris (PoP). It also clarified that the Collector can take appropriate action against anyone to prevent the manufacturing, sale or immersion of idols made of PoP or plastic.
The single bench on Saturday, while hearing a petition filed by Rajasthani artisan M Prakash from Palayamkottai in Tirunelveli district, directed the Tirunelveli district administration not to prevent the sale of PoP idols. However, the immersion of such idols in water bodies must not be permitted, the judge had said.
On Sunday, the Bench of Justices SS Sundar and D Bharatha Chakravarthy stayed the order based on an appeal from Tirunelveli collector. The court said it has consistently reiterated that idols should be made only using pure clay. The single bench failed to consider the revised guidelines of 2.0 (i) (idols made up without any toxic, inorganic raw materials like PoP and idols that are made up of PoP shall be banned) for idol makers by the CPCB, the judges said.
The Division Bench further said that the single bench's order that the guidelines can be implemented only regarding immersion and not regarding manufacturing activity cannot be sustained and adjourned the case for a week.
The appeal petition stated, "The CPCB revised guidelines no 4 (i), (ii) and (iii) state licenses/permits can be granted only to those artisans who use only eco-friendly natural clay materials (not PoP or baked clay) in making idols prior to festive times. Also the 'materials safety data' reveals that the PoP would cause severe health hazards. So both the manufacture and sale should not be permitted considering the larger public interest. Also, Prakash did not secure a valid license for the manufacture and sale of idols from the Tirunelveli Corporation."