If people are banned from reinforcing kite wire, government must clarify 2017 order: Delhi HC
The Delhi High Court said the Delhi government must make it clear that the cotton thread used in the kite would be banned if it exceeds a particular tensile strength in case thread reinforcement is prohibited.
In response to a court order asking him to clarify whether biodegradable kite string would also fall within the scope of the notification prohibiting strings made of nylon, plastic or any other synthetic material, the government said that kite is allowed to use a string of biodegradable cotton free of any sharp, metallic threads, glass components, adhesives or thread reinforcing materials.
The divisional bench of Judges Vibhu Bakhru and Amit Mahajan said that the notification on the use of reinforcement materials uses a very broad term and in case the government wishes to outlaw the reinforcement of the wire used for the kite, it it should be clear and precise.
The court, in the order released Wednesday, noted that the notification does not prohibit cotton yarn, but manufacturers and dealers are prohibited from selling any other kite yarn that is sharp or rendered sharp by being laced with cotton. glass, metal or other sharp material.
The bench said this was to ensure people who fly kites use line that is incapable of causing injury. The notification prohibits people from taking steps to sharpen kite string using sharp metal or glass components and adhesives, the court said.
“A person who flies kites may not modify the kite string to sharpen it for the purpose of training with other athletes,” the court said in an order dated September 2.
The court made the observations in a case challenging the notification issued by the government in 2017.
The notification states that there will be a ban on “the sale, production, stockpiling, supply, importation and use of kite string made of nylon, plastic or any other synthetic material, popularly including known as “Chinese manjha” and any other kite string which is sharp or made sharp, for example by being laced with glass, metal or any other sharp material in the National Capital Territory of Delhi.
The government notification says the kite will only be allowed with cotton string.
In his plea, Claimant Hathkargah Laghu Patang Udyog Samiti stated that he was engaged in the production and sale of cotton kite string reinforced with natural adhesives such as rice and egg. The court was told that the material is fully biodegradable. The petitioner clarified that the product produced and sold does not fall strictly within the scope of the notification, but there are fears that government officials will nonetheless use coercive measures against it.
The court said the petitioner had no grievance against the government’s directives regarding the ban on the sale of thread made of nylon, plastic or any other synthetic material, including “Chinese Manjha” and any other sharp thread. .
“As to the Applicant’s second direction complaint, it prohibits the use of adhesive and wire reinforcing material. The said instruction does not apply to manufacturers or dealers of kite string, but is directed to persons engaged in kiting,” the court said.