The government notification states that kite flying will be permissible only with a cotton thread. (Express Photo/File)The Delhi High Court has said the Delhi government needs to clearly specify that the cotton thread used in kite flying would be prohibited if it is above a particular tensile strength in case strengthening of the thread stands banned.
In response to a court order asking it to clarify whether biodegradable kite flying thread would also fall within the scope of the notification that bans the threads made out of nylon, plastic or any other synthetic material, the government said kite flying is permitted using a cotton thread which is free of any sharp, metallic, glass components, adhesives or thread strengthening materials.
The division bench of Justices Vibhu Bakhru and Amit Mahajan said the notification on the use of strengthening materials uses a very wide term and in the event the government desires to proscribe the strengthening of the thread used for kite flying, it would be necessary for it to be clear and specific.
The court in the order released Wednesday noted that the notification does not ban cotton thread, but manufacturers and dealers are proscribed from selling any other kite flying thread that is sharp or made sharp by being laced with glass, metal or any other sharp materials.
The bench said this is to ensure that persons, who engage in kite flying, use thread that is incapable of causing any injuries. The notification prohibits people from taking steps to sharpen the kite flying thread by use of sharp metallic or glass components and adhesives, said the court.
“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 in the 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 shall be a ban on the “sale, production, storage, supply, import, and use of kite flying thread made out of nylon, plastic or any other synthetic material including popularly known as ‘Chinese manjha’ and any other kite-flying thread that is sharp or made sharp such as by being laced with glass, metal or any other sharp materials in the National Capital Territory of Delhi.”
The government notification states that kite flying will be permissible only with a cotton thread.
Petitioner Hathkargah Laghu Patang Udyog Samiti in its plea said it is engaged in the business of producing and selling cotton kite flying thread which is strengthened by natural adhesives such as rice and eggs. The court was told that the material is entirely biodegradable. The petitioner clarified that the product produced and sold does not strictly fall within the ambit of the notification, but there is an apprehension that the government officials would nonetheless use coercive steps against it.
The court said the petitioner has no grievance with the government direction relating to the ban on the sale of thread made out of nylon, plastic or any other synthetic material including ‘Chinese Manjha’ and any other thread that is sharp.
“Insofar as the petitioner’s grievance in regard to the second direction is concerned, the same proscribes the use of adhesive and thread strengthening material. The said direction is not applicable to the manufacturers or dealers of kite flying thread but is directed to persons engaged in kite flying,” said the court.