Article Today, Mumbai:
The Bombay High Court has ruled that idol immersion at the historic Banganga Tank in Mumbai cannot be permitted, emphasising that environmental protection and preservation of heritage must take precedence. The Court dismissed a petition seeking permission to immerse even eco-friendly idols in the sacred tank.
Environmental Protection First
The Bench observed that immersion of idols in Banganga Tank could harm the environment and damage the heritage structure. It upheld the directives of the Maharashtra Pollution Control Board, which mandate immersions in artificial ponds instead. The Court clarified that such restrictions apply to all idols, regardless of material, and that no exemptions would be allowed.
Lack of Evidence in Petition
The Court further noted that the petitioner had not provided adequate data to establish a historical tradition of immersing idols at Banganga. It pointed out that there was no substantive evidence to show that the practice was an essential religious right. The judges stated that under Article 226 of the Constitution, there was no ground to intervene, especially when larger concerns of environment and heritage were involved.
Alternative Arrangements Available
Advocate General Birendra Saraf, representing the State, informed the Court that devotees had ample options to conduct immersions at places such as Girgaum Chowpatty and other nearby artificial ponds. He questioned the insistence on Banganga alone when alternatives existed. The Court agreed, stating that public interest outweighed individual preferences in this case.
Tradition and Modern Regulations
The judgment has sparked discussions on the balance between cultural traditions and environmental norms. While idol immersion remains permitted in designated areas, the Court’s ruling marks a turning point for practices at heritage sites. Legal observers suggest that similar restrictions may follow in future festivals to safeguard sensitive locations.
