Only Eco-Friendly Idols Permissible For Immersion In Natural Water Bodies: Madras High Court In Pleas Seeking Installation Of Ganesh Idols

The Madras High Court has directed that only Ganesh idols certified as eco-friendly shall be permitted for immersion in natural water bodies.

The Madurai Bench was deciding a batch of Writ Petitions pertaining to the installation and immersion of Vinayagar (Ganesh) idols in connection with the Vinayagar Chaturthi festival commencing from today.

A Single Bench of Justice B. Pugalendhi ordered, “No immersion shall be permitted in such a manner as to pollute the water bodies, which are meant not only for human beings but also for other living beings. Before immersion, organisers must obtain a certificate from the competent authority confirming that the idol is free from restricted materials such as plaster of Paris, chemical paints or other non-biodegradable substances. Only idols certified as eco-friendly shall be permitted for immersion in natural water bodies. Insofar as the uncertified idols are concerned, the organisers should take steps to immerse such idols in artificial water bodies.”

The Bench upheld the right to celebrate Ganesh Chaturthi, making it clear that such celebration must be inclusive, responsible, and environmentally sustainable.

Advocate S.P. Naveenkumar represented the Petitioners while Government Advocate A.S. Abul Kalaam Azad represented the Respondents.

Background

In the first set of Petitions, the Petitioners submitted representations which are to be considered by the authorities, and hence they sought a mandamus for appropriate orders. In the second set, the representations of Petitioners were already rejected and therefore, they challenged the same. The Petitioners contended that the refusal to grant permission and/or keeping their representation pending without taking any decision infringes upon their fundamental right to worship under Article 25 of the Constitution of India. It was submitted that while permission has been granted to other individuals in the same locality, the Petitioners were arbitrarily denied the same.

They further asserted that there would be no law-and-order issues arising from the installation, and that they are willing to comply with all guidelines issued by the authorities. On the other hand, the State-Respondents submitted that the Petitioners approached them at the last minute, leaving insufficient time for administrative preparation. They also contended that permission has already been granted to another group in the same locality, and the present request appears to be motivated by ego clashes, with the intent to install a separate idol to assert dominance.

Court’s Observations

The High Court after hearing the contentions of the counsel, observed, “Past experiences during public festivals have shown that sudden or late-night installations of idols in public places often create avoidable strain on the police and administration. Once idols are placed at street corners or open spaces without prior planning, there is always a risk that at odd hours disturbing incidents may occur. Such incidents can inflame passions and disturb peace. Therefore, it is not only reasonable but necessary that the police and administration maintain vigilance and provide protection wherever required.”

The Court said that while the right to worship is protected, it must be exercised with responsibility and foresight. It noted that the Petitioners have approached the authorities belatedly, leaving little room for administrative scrutiny, security arrangements, and environmental compliance and therefore, last-minute applications cannot be entertained, especially when they involve public installations requiring coordination across multiple departments.

“This Court cannot ignore the underlying motivations in some cases. Most of the present requests appear to be driven by ego clashes and a desire to assert monetary influence, rather than genuine religious intent. This Court strongly deprecates the practice of roping in divinity to settle personal scores or display social dominance. God is not a tool for rivalry; He is a symbol of unity, peace, and spiritual elevation”, it remarked.

The Court further said that the applications have not been made in the prescribed format contemplated under the Government Order and instead, many are bald representations, some even made on the letter-heads of political parties, seeking permission for installation of idols in bulk numbers —12 places, 18 places, and so on—without disclosing the registration details of the political party.

“This Court has also noticed instances of rival claims within the same organisation, with one faction’s Secretary seeking permission for a location while the President seeks permission for another. … The learned Government Advocate, on instructions, submitted that in almost every area, not less than 50 exclusive Vinayagar temples are already available. In spite of this, the petitioners insist on installation of idols on public roads, near hospitals, market places and other sensitive areas, without any proposal for safe and lawful immersion. The officials, however, claim to have identified certain water bodies for immersion”, it added.

The Court also observed that invariably, every year, these applications are moved at the eleventh hour and the present batch is no exception.

“Almost all applications have been filed only in the last minute. Likewise, the officials have also disposed of the representations at the last minute, leaving no scope for proper adjudication before this Court. Consequently, only a few cases could be taken up in detail”, it remarked.

Directions and Conclusion

The Court, therefore, directed the Respondents/Competent Authorities to consider/reconsider the Petitioners’ applications and grant permission for installation of Vinayagar idols, strictly subject to the following conditions –

• Applicants who have installed idols in previous years and have a proven record of compliance may be considered for permission.

• Applicants who have approached belatedly or whose intent appears doubtful shall not be granted permission.

“Above all, the officials shall ensure that idols are immersed in an eco-friendly manner, after ascertaining the quality of the water before, during, and after the immersion. The directions of the Central Pollution Control Board, the Tamil Nadu Pollution Control Board, and the National Green Tribunal shall be strictly complied with. The guidelines issued by the Government, under G.O.Ms.No.598, Public Department, dated 09.08.2018, shall be strictly complied with”, it concluded.

Accordingly, the High Court disposed of the Writ Petitions.

Cause Title- S. Kumar v. The Commissioner of Police & Anr. (Case Number: WP.Crl.(MD)Nos.1086 of 2025)

Click here to read/download the Order