Chinese Manjha Row: High Court Asks Delhi Govt To Clarify Whether Ban Includes Biodegradable Kite Flying Thread

The Delhi High Court has asked the Delhi Government to clarify if biodegradable kite flying thread made with biodegradable adhesives or strengthening material would fall within the scope of its notification banning production and sale of nylon, plastic or Chinese manjha.

A division bench comprising of Justice Vibhu Bakhru and Justice Amit Mahajan was dealing with 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 notification provides that Kite flying shall be permissible only with a cotton thread, which is free from any sharp or metallic or glass components.

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 learned counsel appearing for the respondent seeks time to take instructions whether respondent could clarify that a biodegradable kite flying thread with biodegradable adhesives or strengthening material, would fall within the scope of the impugned notification. The respondent shall also take instructions as to the maximum permissible tensile strength," the Court ordered.

The matter will now be heard on September 2.

Recently, a coordinate bench of the High Court had directed the Delhi Government to ensure strict compliance of the orders passed by it as well as the National Green Tribunal (NGT) banning sale of Chinese synthetic manjha used in flying kites.

While disposing of a PIL seeking a complete ban on flying of kites as well as manufacturing, sale and storage of objects used in the same, the Court was of the view that a complete ban on flying of kites cannot be granted as kite flying is a "part of our culture and heritage".

The Court had also said that the use of Chinese Maanjha or synthetic thread was "certainly causing grave concern."

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

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