Khalid Ashraf vs Union Of India

These applications seek prosecution under section 26 of the NGT Act for violation of order of this Tribunal dated 11.07.2017 in O.A. Nos. 384/2016 and 442/2016, Khalid Ashraf & Anr. Vs. Union of India & Ors., issuing following directions:-

“1. That there shall be a total ban on the Manjha or thread for kite flying which is made of nylon or any synthetic material and/or is coated with synthetic substance and is non-biodegradable.

The State Governments are directed to prohibit the manufacture, sale, store, purchase and use of synthetic Manjha/Nylon thread and all other similar synthetic threads, used for kite flying.

All the Chief Secretaries/Administrators of the State Governments and Union Territories are directed to enforce the prohibition of manufacture and use of synthetic manjha/nylon thread for kite flying throughout their State/territories.

The respondents are directed to ban import of any synthetic manjha/nylon thread or other similar thread coated with synthetic substances, in any part of the country.

The Chief Secretaries/Administrators of all the States/Union Territories are further directed to send a copy of this order to all the district Collectors/District Magistrates and Superintendent of Police for its compliance in letter and spirit and to ensure that no synthetic manjha/nylon thread and also those which are coated with synthetic materials are purchased, sold, stored and used for kite flying within their area.

The State Governments/Union Territories/Chief Secretaries/ District Collectors are directed that in case of violation of any of the directions given in this Judgment, appropriate steps be taken against the defaulters under the provision of Environment (Protection) Act, 1986; Prevention of Cruelty of Animal Act, 1960; Wildlife (Protection) Act, 1972, the Indian Penal Code or any other provision of law.”

The Tribunal considered the issue of permissibility of synthetic, glass coated and Chinese manjha for kite flying having potential for injuries to humans, birds and the wildlife and choking of drains due to its bio non-degradable nature, as found in various studies on account of which some of the States had prohibited its use. The Tribunal concluded as follow:-

“108. From the aforesaid, it can be summarized that kite flying with dor/manjha has been a sport, past time, recreation in our country, since time immemorial. Earlier the manjha was made of cotton. When competition started in this sport by kite fighters where two parties were to compete as to who could have the kite of other fall to the ground by breaking of its manjha that there was a change in the nature of manjha so as to make it strong enough for the purpose of competition. Therefore a change came about when the dor/manjha was made stronger by coating it with gum, boiled rice. This resulted in some injuries to birds and on the finger of the persons flying kite because of its sharp nature. Some times when the birds got brushed with manjha in the air, as the same is not visible after gaining height in the sky, they got injured. However, subsequently further development took place and the kite fighters started using other materials like glass powder, iron powder etc. so as to make it strong and sharp to succeed in kite fighting competition which are held in many cities of the country. As a matter of fact many such competitions are being held in different cities during various parts of the year, but the ill-effect of such manjha is that it is not only sharp enough to cut the manjha of the other kite, but even cut the skin of birds/animals and human beings. Later on the manjha was being made of synthetic material/yarn, in place of cotton and with coating of material which not only cut the skin of animals and human beings, but also a good conductor of electricity, resulting in many accidents from High-tension Lines.

The menace of manjha, which in common parlance is being called as Chinese manjha, had been felt since quite some time. Such manjha not only created problem for birds animals and human beings, but damages the environment as well. Since recent past Chinese manjha or manjha made of a coating by synthetic material has become a matter of great concern for everyone. Steps were taken by some Governments, but the same was insufficient and lacked implementation. The matter was also taken up by the judiciary when some of the Hon’ble High Courts of the States issued direction to the concerning State Government to ban such type of manjhas. When Chinese manjha and its ill-effects on the public at large had reached to a tremendous heights that the Original Applications came to be filed before the Tribunal. Apart from the adverse effect of Chinese manjha which was being directly faced by people, its nondegradable nature adversely affected the environment, because large quantity of manjha was found scattered at every place which ultimately resulting in choking of the drains. The earlier manjha which was made of cotton is eco-friendly as by its nature it was degradable.

Looking to the deep rooted tradition of kite flying in our country which has also become part of our various festivals, the ill-effects of Chinese manjha had not only resulted in injuries to birds, animals and human beings, but number of fatal accidents have also increased in large number, and thus interference is called for by this Tribunal. It is only the manjha which is made of synthetic yarn and coated with synthetic material which is non-degradable and create menace for all. The traditional manjha which is made of cotton yarn and if it is coated, the same is with degradable materials. Such type of manjha being degradable it does not cause any environmental damage.”

Execution Application No. 06/2020, Khalid Ashraf vs. Union of India & Ors. was earlier filed by the applicant which was disposed of vide order dated 07.08.2020 as follows:-

“2. The Tribunal sought a report about the status of compliance from the CPCB. Accordingly, CPCB has filed its report on 04.08.2020 mentioning that all the States have given the status of compliance except the States of Assam, Jharkhand, Kerala, Manipur, Tamil Nadu and UTs Daman Diu and Dadra Nagar Haveli. Substantially, order is reported to be complied. CPCB may also coordinate with the States/UTs which have not so far given response or where compliance is not being ensured.

In view of the above, no further order is necessary except that CPCB may take further action in respect of States where the compliance is not taking place or where the States/UTs have not responded. CPCB may also direct the State Boards/ Local Bodies to continue to monitor compliance at the ground level.”

In the application now filed it is stated that in spite of order of this Tribunal, lethal material continues to be used in kite strings. Apart from Nylon and Plastics, various other types of sharp typed strings made of and coated with synthetic material such as glass and metal are being used.  The  applicant  has  referred  to  sharp  injuries  suffered  by  some persons.

There can’t be any dispute that use of thread for kite flying made of Nylon or synthetic material or coated with synthetic substance need to be prohibited as already directed by this Tribunal. However, enforcement of such prohibition is a matter for regulation by the concerned authorities. In absence of particulars of individuals violating such norm, it is not found viable to enforce the ban merely by requiring authorities to enforce the same.

Moreover, application for prosecution has to be before the concerned Trial Magistrate with the particulars of the alleged violators, in view of section 30 of the NGT Act.

Accordingly, no further order is called for.

The applications are disposed of.