Upholding the right of artisans to conduct trade, the Madurai bench of the Madras High Court on Saturday, September 16, said that the sale of Ganesh idols made of plaster of Paris cannot be restricted, but their immersion in water bodies can be prevented. The verdict came after an artisan from Rajasthan moved to court alleging that he was prohibited by local authorities from selling Ganesh idols made of plaster of Paris.
In his petition, the artisan named the District Collector and the Tirunelveli Commissioner of Police, saying that they tried to prevent the sale of idols. While the government advocate argued that the authorities took action only after receiving complaints from the Village Administrative Officer (VAO), the petitioner argued that only the permissible amount of plaster of Paris was used while manufacturing the idols. The petitioner also argued that the buyers may use the idols for many purposes such as installation at homes, temples, or for other commercial purposes.
Justice GR Swaminathan observed that the artisan is guaranteed his right to continue trade under Article 19(1)(g) of the Constitution of India, which guarantees fundamental rights. “The respondents shall not prevent the petitioner from selling the idols made by him,” GR Swaminathan said. However, the court ordered the artisan to furnish details of all the purchasers so as to facilitate inspections by the authorities for regulating immersion norms.
“In order to ensure that the norms regarding immersion are not violated, the petitioner is directed to furnish the details of the purchasers. The sale of every idol will have to be duly accounted for. The petitioner shall make a register containing particulates of those who are purchasing from him,” the court said. “If the Vinayaka idol can be dissolved in an eco-friendly manner, its installation cannot be stopped. Visarjan can be in any creative manner. In any event, Thamirabarani or any water body cannot be used for immersion of idols made with plaster of Paris,” the court observed.
Justice Swaminathan added that the prevention of the manufacturing and sale of idols which are eco-friendly, would be illegal. “Damages will have to be paid if authorities prevent such businesses,” he said.