HC dismisses plea to ban kite-flying, says it’s a cultural activity

Court asks Delhi government police to strictly enforce NGT ban on ‘manja’

August 06, 2022 01:54 am | Updated 12:30 pm IST - New Delhi:

The cousel representing the government said it is the use of Chinese ‘manja’ that needs to be banned and not the kites, which have cultural and religious values attached to them.

The cousel representing the government said it is the use of Chinese ‘manja’ that needs to be banned and not the kites, which have cultural and religious values attached to them. | Photo Credit: File photo

The Delhi High Court on August 5 declined to issue any direction to ban kite-flying in the Capital but directed the city government and police to ensure compliance of orders banning sale of synthetic ‘manja’.

A Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad noted that kite-flying is a “cultural activity” and can be associated with “religious activity”.

The court was hearing a public interest litigation (PIL) filed by a Delhi resident, Sanser Pal Singh, who sought a complete ban on flying, sale, purchase, storage and transportation of kites, as many people and birds are killed or injured due to accidents caused by the glass-coated strings.

The court directed the Delhi government and the city police to ensure strict compliance with an order of the National Green Tribunal (NGT) banning the use and sale of synthetic thread, popularly known ‘Chinese manja’, which is coated with crushed glass or metals.

During the hearing, the Delhi government and police’s counsel said there is already a 2017 government notification banning the sale, production, storage, supply, import and use of all forms of ‘manja’ — plastic, nylon or any other synthetic thread.

The counsel said since 2017, 255 persons have been booked under different sections of the Indian Penal Code and the Environment (Protection) Act for violating the ban. The Deputy Commissioner of Police will issue another order specifying that the use of synthetic ‘manja’ is banned in Delhi, said the counsel.

Festival value

Additional Solicitor General Chetan Sharma and standing counsel Anil Soni, representing the Central government, said the prayer for banning kite-flying cannot be allowed as cultural and religious values are attached to it and it is the use of Chinese ‘manja’ which needs to be banned.

“This is a festival in India. It is also connected to religion. You need to be careful while making a prayer,” the law officer said.

In July 2017, the NGT ordered a countrywide ban on ‘Chinese manja’, noting that its use has not only resulted in injuries to birds, animals and human beings, but also caused fatal accidents.

The petitioner, Mr. Singh, stated in his plea that he met with an accident in 2006 when he got entangled in a kite string. To stop the thread from reaching his throat, he pushed it with his hand and ended up with a severed finger. His plea, filed through advocate Yogesh Swroop, highlighted that the Delhi police have registered at least 18 FIRs related to accidents involving kite strings in the past five years.

Mr. Singh argued that a complete ban on kite-flying, sale, purchase and storage is the only solution as it is difficult to catch the culprit or fix the responsibility when an accident occurs due to a kite string.

Top News Today

Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.