Manjha Row | Person Flying Kites Can't Modify Thread To Sharpen It With Metallic Or Glass Components: Delhi High Court

The Delhi High Court has observed that a person engaged in kite flying cannot modify the kite flying thread to sharpen it by using sharp metallic or glass components and adhesives for the purposes of sparring with fellow sports persons.

A division bench comprising of Justice Vibhu Bakhru and Justice Amit Mahajan noted the clarification made by the Delhi Government in respect of its notification imposing a complete ban on the sale and production of chinese manjha for kite flying, that the activity will be permitted only from cotton thread, free from any sharp, metallic or glass components.

"This is, clearly, to ensure that the persons, who engage in kite flying, use thread that is incapable of causing any injuries. It prohibits them from taking steps to sharpen the kite flying thread by use of sharp metallic or glass components and adhesives. A person flying kites cannot modify the kite flying thread to sharpen the same for the purposes of sparring with fellow sports persons," the Court said.

The Bench thus disposed of a plea filed by producer of kite flying thread who claimed that the product was entirely biodegradable.

The plea challenged the notification issued by the Delhi Government dated January 10, 2017 which imposed a complete ban on the sale, production, storage, supply, import and use of kite flying thread made out of nylon, plastic or Chinese manja in the national capital.

The Court was also of the view that if the Delhi Government desired to proscribe strengthening of the thread used for kite flying, it would be necessary for it to clearly specify that dealing above a particular tensile strength of the cotton thread would be prohibited.

"In the event the respondents desire to proscribe the strengthening of the thread used for kite flying, it would be necessary for the respondents to clearly specify that dealing above a particular tensile strength of the cotton thread would be prohibited," the Court said.

The petitioner claimed that it was engaged in production and selling of cotton kite flying thread which was strengthened by natural adhesives such as rice and eggs.

It was argued by the petitioner's counsel that traditionally the powdered glass was used to make the said thread slightly sharp, however, the petitioner was willing to refrain from using any crushed glass or other synthetic sharp material.

It was also argued that although, the product produced and sold by the petitioner did not fall within the rigors of the impugned notification, there was an apprehension that the concerned officers would use coercive steps against it.

The petitioner thus argued that the impugned notification was arbitrary and ultra vires the Constitution of India, while claiming that the same was contrary to the order passed by the National Green Tribunal in 2017.

It was argued that while the NGT proscribed the use of nylon or synthetic thread including Chinese manja, however, it did not prohibit the manufacture of traditional cotton manja.

On the other hand, the Delhi Government took a stand that it would be desirable to proscribe the use of manja for the protection of humans as well as birds, as it was noticed that the Chinese manja or synthetic kite flying thread is non-biodegradable and thus, remains in the environment indefinitely.

Case Title: Case Title: HATHKARGAH LAGHU PATANG UDYOG SAMITI (REG.) v. GOVERNMENT OF NCT OF DELHI AND ANR.

Citation: 2022 LiveLaw (Del) 845

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