Nylon Threads, Cotton Threads With Glass Coating Both Banned By State, Can't Be Used For Kite Flying: Gujarat HC Ahead Of Uttarayan Festival

The Gujarat High Court on Friday (January 10) said that even glass-coated cotton threads, often used for kite flying, are extremely dangerous for all including citizens, birds and animals, and thus cannot be used in the upcoming Uttarayan festival, to be celebrated in the State on 14th and 15th of this month.While referring to the State's resolution from December on the subject, a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi in its order said, "Moreover, the Government Resolution dated 24.12.2024 does not make any classification between synthetic threads and cotton threads and all types of threads coated with glass and other harmful substance have been prohibited". The court was hearing a 2016 PIL seeking restrictions on kite flying and absolute ban on use of Chinese manza, nylon strings and coating of cotton strings with mixture of crushed glass.Rejecting the contention put forth by vendors of cotton thread manjha that neither the NGT nor the coordinate bench's 2017 judgment prohibited cotton thread coated with glass, the bench, during the hearing orally said, "...They (glass-coated cotton threads) are the most dangerous items. You can't argue this...That is the notification of State government, they have brought it. (it) may not have mentioned in the NGT Order but that doesn't help you out in any manner". The Government Pleader (GP) appearing for the State referred to the December notification of the Government and then submitted that anything that gets coated with glass or glass fibre, etc., causes damage to birds. On December 24, 2024 State government issued a circular reiterating the ban on the use of Chinese lantern, manjha, nylon, plastic threads with glass and other harmful material coated threads in kite flying. The counsel for the vendors however said that this is the only method of coating the manjha/thread and prohibiting this way of coating will dampen the spirts and there will be no Uttrayan. "There will be no festival," he said. To this the high court orally said, "No, Mr. Counsel, it is more dangerous than the Chinese thread. We are not sitting over the decision of this Court which is a Coordinate Bench decision nor we are sitting over the decision of the State Government". The bench, after perusing the coordinate bench's 2017 decision, further in its order said, "it is more than evident that categorical directions had been issued to the State authorities to take all possible steps to prevent manufacture, storage and use of and use of nylon threads (Chinese threads and Chinese manjha) and any other synthetic threads coated with glass for the purpose of kite flying. The direction has been issued to the State authorities to publicize the notifications issued by the competent authority prohibition such material including threads coated with glass during kite flying on the festival of Uttarayan". The court further said that the respondent vendors' submission that "threads the threads coated with glass have not been prohibited by the NGT, therefore, would not be helpful to the private respondents". "Moreover, from the perusal of the notification dated 24.12.2024, as noted in the order date 08.01.2025, it is clear that the state has put up complete ban on the manufacturing and sale of Chinese lanterns, manjha/nylon and plastic Dori and threads coated with glass and other harmful material.The submission of Learned Counsel for Private Respondents No.5 to 11 is to modify the direction contained in the order dated 08.01.2025 to exclude glass coated threads from the ban imposed by the State Government therefore is turned down," it added. The counsel for the respondents at this stage said that the State government's notification issued by the state government misinterprets the court's January 13, 2017 order and requested the court to refer to the paragraph 11 to the court's 2017 order that stated the ban of Chinese manjha and Chinese threads.The high court thereafter in its order said, "The further contention based on the directions contained in the order dated 13.01.2017 of the Division Bench to classify two categories of threads, namely the threads coated with glass, namely synthetic and cotton threads is wholly misconceived. The contention of the learned counsel for the petitioner, at this stage, is that since there is no reference of cotton threads coated with glass in the directions contained in judgement and order dated 13.01.2017, there cannot be any restraint. This submission is neither here nor there, inasmuch as, the learned counsel for the respondent could not argue that the cotton threads coating with glass cannot be said to be coating with harmful substance and it would not be dangerous to human beings and birds". The court further clarified that it is only concerned with the implementation of the prohibition/ban imposed by the State Government, in its letter and spirit by the executing authorities. "All contentions made by the learned counsel ...

Nylon Threads, Cotton Threads With Glass Coating Both Banned By State, Can't Be Used For Kite Flying: Gujarat HC Ahead Of Uttarayan Festival

Lovina B Thakkar

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