SC refuses to lift the ban imposed on Chinese Manja
January 14, 2017Supreme Court on 12th January, 2017 upheld the interim order of The National Green Tribunal, which was headed by NGT Chairperson Swatanter Kumar to impose nationwide ban on use of glass-coated ‘manja’ for flying kites as the sharp string poses a danger to humans, animals and birds.
The judgment passed by a bench of Justices M.B. Lokur and P.C. Pant after senior advocate Sanjay Hegde and advocate Shadan Farasat, appearing for animal rights body People for Ethical Treatment of Animals (PETA), sought the ban before NGT, as the kite flying posed a great amount of threat not only on birds and animals, but also on human lives. Opposing plea was filed by a group of traders from Gujarat to approach the NGT.
The green panel had said the ban order would apply to nylon, Chinese and cotton manja coated with glass and directed the Manja Association of India to submit report to Central Pollution Control Board on the harmful effects of kite strings.
The order of the Apex said, "State of Gujarat and its authorities shall take all possible steps to prohibit the use of Chinese lanterns during the festival of Uttarayana." The court asked the government to strictly implement the ban, which is already in place and various authorities have been issuing notifications in this regard ahead of Uttarayana.
The Apex Court in addition issued notifications to Commissioners of Police, Superintendents of Police and District Magistrates of different districts to take appropriate steps to stop curb and restrict the use of Chinese Manja strictly. The order stated, “Take all possible steps to enforce such circulars and notifications strictly and scrupulously."
"Further State authorities are directed to take steps against the manufacturers/ storekeepers and those stocking and selling nylon thread which is called as Chinese manja and other synthetic threads coated with glass and harmful substances for the purpose of kite flying," the order stated.
The judgment passed by a bench of Justices M.B. Lokur and P.C. Pant after senior advocate Sanjay Hegde and advocate Shadan Farasat, appearing for animal rights body People for Ethical Treatment of Animals (PETA), sought the ban before NGT, as the kite flying posed a great amount of threat not only on birds and animals, but also on human lives. Opposing plea was filed by a group of traders from Gujarat to approach the NGT.
The green panel had said the ban order would apply to nylon, Chinese and cotton manja coated with glass and directed the Manja Association of India to submit report to Central Pollution Control Board on the harmful effects of kite strings.
The order of the Apex said, "State of Gujarat and its authorities shall take all possible steps to prohibit the use of Chinese lanterns during the festival of Uttarayana." The court asked the government to strictly implement the ban, which is already in place and various authorities have been issuing notifications in this regard ahead of Uttarayana.
The Apex Court in addition issued notifications to Commissioners of Police, Superintendents of Police and District Magistrates of different districts to take appropriate steps to stop curb and restrict the use of Chinese Manja strictly. The order stated, “Take all possible steps to enforce such circulars and notifications strictly and scrupulously."
"Further State authorities are directed to take steps against the manufacturers/ storekeepers and those stocking and selling nylon thread which is called as Chinese manja and other synthetic threads coated with glass and harmful substances for the purpose of kite flying," the order stated.
OUR TAKE
Last year in January a five-year-old girl died when her neck was slashed by a razor-sharp string at Telengapentha. A lot of similar cases came before the NGT, when the said ban was imposed. Supreme Court grasping the gravity of the situation refused to lift the ban imposed by the tribunal.
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