Kite Flying Part Of Culture/Heritage - Delhi HC Refuses To Ban Kite Flying, Directs Strict Compliance Of NGT Order On Chinese Manjha
The Delhi High Court has directed the State Government to ensure strict compliance with the order passed by the NGT as well as the earlier order passed by the state government banning sale, storage and use of Chinese Manjha (synthetic thread) for kite flying.
The Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was dealing with a writ petition seeking imposition of complete ban on flying, making, sale-purchase, storage, transportation of kites and objects used in making and flying of kite.
The Court held that the plea seeking a complete ban on flying kites cannot be granted as kite flying is a part of our culture and heritage. However, Court noted that the use of Chinese Maanjha / synthetic thread was causing grave concern.
It was stated by the Petitioner-Sanser Pal Singh, that a large number of accidents were taking place in and around Delhi due to the use of Chinese Maanjha. He also submitted that not only people, even animals and birds were becoming victims of Chinese Maanjha.
The Court said that the plea seeking a complete ban on flying kites cannot be granted as kite flying is a part of our culture and heritage. However, Court noted that the use of Chinese Maanjha / synthetic thread was causing grave concern.
Additional Solicitor General Chetan Sharma along with Sameer Vashisht, Additional Standing Counsel for GNCTD pointed out that the state government had issued a notification in 2017 in this regard where it had imposed a complete ban on the sale, production, storage, supply, import, and use of kite flying thread made out of nylon, plastic or any other synthetic material including popularly known as "Chinese manja". It was submitted by the Counsel for GNCTD that they are ensuring strict compliance of the aforesaid notification.
Further, the Court was also informed about a similar Order passed by the National Green Tribunal in 2020 where it had prohibited the manufacture, sale, storage, purchase and use of thread made of Nylon, synthetic material and/or coated with synthetic substance which is non-biodegradable for kite flying.
It was also brought to the notice of the Court that in as many as 255 cases, action has been taken against the persons selling, making, storing & transporting the banned Chinese Maanjha from 2017 to 2022, and the said drive was still going on.
Therefore, the Court observed thus "In the light of the aforesaid, no further orders are required to be passed in the present PIL. However, the State is directed to ensure strict compliance of the order passed by the NGT as well as the earlier order passed by the Government on the subject."
Cause Title- Sanser Pal Singh v. Union of India & Ors.