FPJ Legal: Bombay HC orders authorities to ensure there is no sale or manufacture of manja for Makar Sankranti

FPJ Legal: Bombay HC orders authorities to ensure there is no sale or manufacture of manja for Makar Sankranti

Narsi BenwalUpdated: Sunday, December 19, 2021, 09:56 PM IST
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MUMBAI: The Bombay High Court at Nagpur bench recently ordered the authorities in Maharashtra to ensure there is no sale, manufacture or storing of the nylon thread - manja, which is used for flying kites, a sport played extensively during the Makar Sankranti festival. The HC even asked the authorities to create awareness against use of such manja.

A bench of Justices Sunil Shukre and Anil Pansare was hearing a suo motu PIL pertaining to the adverse impact of using manja on the birds and even sometimes on human beings as there have been numerous accidents due to the same.

The bench in its orders passed on December 15 noted that the National Green Tribunal (NGT) had passed a detailed judgment in July 2017, imposing a complete ban on the manufacture or sale of such manja made up of nylon or some other synthetic material.

"We think the authorities have to remain vigilant in enforcing the ban especially during the festival time like Makar Sankranti when the sport of kite flying is at its peak," the bench said, while agreeing with the submissions made by Amicus Curiae (friend of court) Devendra Chauhan.

"The judgment shows that a complete ban has been imposed on manja or nylon thread for kite flying. It is further seen that all the state governments have been directed to ban the manufacture, store, use of manja or any other synthetic thread for kite flying," the judges noted, adding, "It is further seen that import of synthetic manja or nylon thread or any other similar thread coated with synthetic material in any part of the country has been banned."

However, Chauhan pointed out that though the Maharashtra government is one of the few states in the country to have complied with the NGT directive, but the compliance has left much to be desired as it is hardly seen at the ground level.

"It is also a common experience that kite flying using synthetic manja is rampant and it still goes on without any hindrance and, therefore, it is necessary that this year also the authorities keep strict vigil over the import, manufacture, sale and use of synthetic thread including manja for kite flying and for this purpose," the judges observed.

The bench accordingly ordered the authorities in Maharashtra to form special cells comprising responsible officers in association and coordination with the respective Collectorates and respective heads of the police department.

"These cells will have to ensure that not only awareness is created about the dangers involved in use of nylon manja or any other synthetic manja for kite flying but also for taking effective action against the violators as per the ban imposed by the NGT," the judges ordered.

The bench, accoridingly ordered all the concerned authorities to file detailed reports in compliance with the NGT order. The matter would be next heard on January 5.

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