Delhi HC Against Total Ban of Kite Flying, Said ‘ Essential Part of Culture’

Delhi High Court Law Insider

Priya Gour

Published on: 10th August 2022 at 21:12 IST

The Delhi High Court Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, while hearing a PIL observed it cannot pass an order banning the practice of kite flying. The bench called it an essential part of culture and heritage.

However, the court had a stern stand on the use of Chinese manjha (synthetic thread) and called it a matter of concern. therefore directed the State to ensure strict compliance with the National Green Tribunal (NGT) order and a Delhi government notification order banning the same.

A Public Interest Litigation (PIL) petition was moved before the court by Advocate Sanser Pal Singh for imposing a complete ban on kite-flying and use of Chinese manjha Delhi . Several accidents occurring in and around the capital was cited in the PIL. And therefore, a blanket ban be imposed on the making, storage and transportation of kite and its related flying materials.

The Court was informed by the Central and state government’s counsel about a complete ban on the use of Chinese manjha  in 2017. A monitoring committee has also been constituted regarding the same. The court was also delighted abi the NGT’s 2020 order of prohibiting the manufacture, sale, storage, purchase and use of thread made of nylon or other synthetic, non-biodegradable material for kite-making. Required actions are being taken by authorities in violation of the orders and quoted:

“It is necessary to take suitable security measures to prevent danger to the electrical installations, annoyance to the public, danger to human life and safety and the disturbance of the public tranquillity.”

The court after hearing the parties, including the petitioner, who appeared in person, said that it can not impose a ban of kite flying since it constitutes a part of Indian culture and heritage. And directed authorities to ensure adherence to the government and NGT notification in this regard.

Thereafter, the Court directed the authorities to ensure strict compliance with both the NGT order and the notification and dismissed the petition.

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