The Thane idol photo ban has been challenged by environmental activist and public interest litigant Rohit Joshi, who objects to a police order restricting photography and video recording of Ganesh and Gauri idols found floating in water or washed ashore after immersion. Joshi said he would approach the Bombay High Court against the order and has already issued a contempt notice in the matter.
The order was issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It prohibits the photography, filming, broadcast or publication of partially dissolved idols found after immersion, as well as images and videos of municipal workers collecting the idols. The restriction is in force from September 15 to October 4.
According to the police order, publication of such images could hurt religious sentiments and create a law-and-order problem. Violations may invite action under Section 223 of the Bharatiya Nyaya Sanhita. The order applies generally and does not provide a separate exemption for an individual seeking to document the condition of water bodies or the work of civic authorities.
Joshi, who is the main petitioner in Public Interest Litigation No. 96 of 2024 concerning the ban on plaster of Paris idols and water pollution, has argued that preventing photographs of partially dissolved idols could conceal administrative failure. He said the images are necessary for environmental protection, for collecting evidence for court proceedings and for bringing the actual condition of water bodies to the attention of the municipal administration and the pollution control board.
The dispute also involves the state government’s statement before the court that Ganesh idols shorter than six feet would not be immersed in natural water sources. Joshi has claimed that photographs and videos were received showing such idols being immersed in lakes, rivers, creeks and the sea. The supplied report does not independently establish the extent of these alleged violations.
Following a hearing on September 25, the Thane Police Special Branch clarified that the Section 163 order was issued to maintain general peace and public order. Police officials said no individual exemption could be granted under the order and that Joshi would need to obtain formal permission from the court for the activities he intends to undertake.
In a reply submitted to the police on September 27, Joshi asked that the police and municipal administration themselves officially photograph and record floating or partially dissolved idols and idol-collection operations if citizens are barred from doing so. He also requested that such material be preserved and submitted to the Bombay High Court. Joshi has said he will soon file a contempt petition, taking the dispute from a question of police restrictions into a broader legal contest over environmental evidence and administrative accountability.
