FPJ Legal: Bombay HC to issue fresh guidelines to prohibit and penalise illegal kite flying in state

The Bombay High Court at the Nagpur seat last week held that the existing legal framework for regulating illegal kite flying in Maharashtra isn't effective enough. The HC accordingly said that new guidelines need to be issued soon.

A bench of Justices Sunil Shukre and Anil Pansare was hearing a suo motu PIL pertaining to use of nylon maanja for kite flying in the state, especially during the Makar Sankrant festival.

The bench said, "We believe that in the existing legal framework there is no effective provision which imposes appropriate fines and punishments for committing breach of the guidelines issued by National Green Tribunal (NGT) and also the prohibitions in the Environment Act."

"Therefore, a need has arisen for this Court to issue necessary guidelines in the matter," the bench stressed upon.

The bench further noted that there is one provision made in the Maharashtra Police Act which could be invoked for violating the guidelines issued by the NGT. It further pointed out that punishment for illegal kite flying is also provided under the Maharashtra Police Act.

"The punishment appears to be quite benign in the present circumstances and, therefore, some new provisions would have to be thought and recommended to the State Authorities," the judges said.

The bench, accordingly, ordered Devendra Chauhan, the amicus curiae in the matter and also other parties to the case, to assist the court in framing these guidelines.

The matter would be next heard after eight weeks.

Published on: Sunday, January 23, 2022, 11:57 PM IST