The Delhi High Court recently ruled that kite flying is a part of India’s culture and heritage and therefore, a complete ban on the said practice cannot be imposed but noted that the use of Chinese maanjha (synthetic thread) for flying kites is a cause for grave concern.

The Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad directed the Delhi Government to ensure strict compliance of orders passed by the National Green Tribunal (NGT) and Delhi Government from time to time imposing a ban on the use of Chinese maanjha for making kites.

The Bench was dealing with a plea filed by practising advocate Sanser Pal Singh that raised a sensitive issue concerning the use of kite flying thread made of nylon, plastic and other synthetic material, which is causing a large number of accidents in and around the capital. The plea stated that the use of Chinese maanjha for flying kites is injuring people as well as birds and animals.

In lieu thereof, the plea sought a complete ban on flying, making, sale-purchase, storage, transportation of kites and objects used in making and flying of kite.

During the course of hearing, the Bench was informed that the Delhi Government issued a notification in 2017 imposing a complete ban on the sale, production, storage, supply, import, and use of Chinese maanjha and other similar material. Further, a Monitoring Committee  was also constituted to look into the matter.

The Bench was informed that a similar order was also passed by the NGT in 2020 prohibiting manufacture, sale, storage, purchase and use of thread made of nylon or other synthetic material which is non-biodegradable for making thread for kites.

Advocate Sanjay Lao, representing the Delhi Police, submitted that FIRs are being registered against persons who are violating the order passed by the NGT and the notification issued by the Delhi Government.

In light of these submissions, the Bench disposed of the plea directing the State to ensure strict compliance of the order passed by the NGT as well as the notification issued it.

The Calcutta High Court has directed the Kolkata Administration to strictly adhere to the notification banning Chinese nylon and plastic manjha for kites.

A bench comprising the Chief Justice Thottathil B Radhakrishnan and Justice Arijit Banerjee was hearing a petition filed by Karunamoyee Samanta with the grievance that kites are being flown with Chinese manjha/Nylon manjha etc. which pose threat to the pedestrians and motorcyclists particularly who use flyovers for commuting.

The bench while perusing the reports filed by the Commissioner of Police, Kolkata and Commissioner, Department of Environment, Government of West Bengal observed that pursuant to an order passed by the National Green Tribunal, a complete ban has been imposed on the use of Chinese/Nylon/Plastic manjha or thread for kite flying. To this end, a notification dated March 20, 2020 has been issued by the Department of Environment, Government of West Bengal invoking Section 5 of the Environment Protection Act, 1986 and in compliance with the directions of the National Green Tribunal.

Since, the complaint of the petitioner had been redressed the bench disposed of the petition however it clarified that the notification issued by the State Government shall be strictly adhered to by the administration and will be given full effect.

Read the order here;

-India Legal Bureau