“Rank Illegality”: Madras High Court Upholds Artisan’s Right to Sell Eco-Friendly Vinayaka Idols

07 May 2024 8:19 AM

By: Admin

In a landmark ruling, the Madurai Bench of Madras High Court today asserted that preventing the sale of eco-friendly Vinayaka idols would amount to “rank illegality.” The court has directed the authorities not to interfere with an artisan’s fundamental right to sell these idols, calling it a guaranteed right under Article 19(1)(g) of the Constitution of India.

Justice G.R. Swaminathan, presiding over the case, strongly criticized the actions of the local authorities in Tirunelveli City who had restricted the petitioner, a Rajasthani artisan named Prakash, from selling Vinayaka idols. The artisan had contended that he was facing financial ruin due to the intervention of the authorities.

The judge remarked that, “If the idols are eco-friendly, they can be manufactured and sold and such activities cannot be stopped for any reason.” He went on to state that any act of prevention from the police or the authorities would be “rank illegality.”

The judgment was based on the artisan’s writ petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus to safeguard his right to profession and business. Justice Swaminathan clarified that while environmental guidelines must be observed, particularly in the case of idol immersion, these guidelines should not come in the way of the artisan’s right to sell the idols.

The court also provided checks to ensure environmental compliance, directing the petitioner to maintain a register of purchasers to ensure that the idols are immersed in accordance with eco-friendly norms.

The decision has been hailed as a significant precedent, upholding the rights of artisans while also emphasizing the importance of environmental guidelines.

Date of Decision: 16.09.2023

Prakas vs The District Collector,