JANHIT MANCH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition was filed in public interest claiming various reliefs. The matter has been pending in Court for a long time and when the matter was taken up by this Bench on 30th January, 2008 we had directed the Chief Secretary Respondent No.1 and Respondent No.5 Corporation to file their respective affidavits for the reasons given in the order itself. There are many reliefs claimed by the petitioners. We have heard petitioner No.2 in person and the learned Counsel appearing for the respondents. Some of the reliefs claimed are the reliefs which could not be granted because they relate to geographical areas which are outside the jurisdiction of this Court. Therefore, the petitioner made a submission that he will confine this petition to the reliefs claimed for the areas which fall within the State of Maharashtra. The said reliefs are :

(2.) The first relief claimed is that this court should ban the practice of immersion of any idols of gods, goddesses, tajia or otherwise under religious rituals or under any other pretext in natural streams. The petitioner has taken us to various religious scriptures to canvass that the immersion of idols in river cannot be justified on any count. According to the petitioner in the Mumbai Metropolitan Region alone about 1,50,000 Ganesh idols are immersed in rivers, wells, lakes and sea every year during 10 days Ganpati festival in the month of September. Out of these 1,50,000 Ganesh idols about 1,00,000 come to the share of the Mumbai beaches. These idols measure from 2 ft. to 20 ft. in height which are made of plaster of paris mixed with several ingredients and paints which are poisonous and fatal to marine life. Then he has contended in his petition that all religions preach love, compassion and nonviolence, particularly Hindu and Jain religions. The ban on cow slaughter is the state policy and due to intense agitation and fasting by some Jain munis against new slaughter houses the Union Government had to shelve the project. He also contended that Ganpati Bappa, so merciful and kind will hate a pooja destroying marine life.

(3.) So many reliefs have been claimed as is pointed out above. The petitioner appears to be mainly concerned with the immersion of the Ganesh idols during Ganpati festival days. Then he has taken quotations from Mahabharat and Ramayan and according to the shloka no. 95:1718 excerpted from Ramayan in Sanskrit and as per the translation in English given by the petitioner it appears to be a conversation between Lord Ram and Sita and according to it, Lord Ram says to Sita -O Sita, sitting with you in this wonderful place, eating these sweet fruits and roots, neither do I want to return to Ayodhya nor do I desire a kingdom. The bank of this Mandakini river, frequented by elephants, where lions and monkeys come to drink water, decorated and lined by flower laden trees it is impossible that person does not forget sorrow and feels happy". He has referred to various other religious authorities to suggest that the pollution of atmosphere and water bodies was against every religion, particularly Hinduism. He also quoted the scripture, which says: