MAHESH AGRAWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE writ petition has been preferred, by way of Public Interest Litigation, to issue appropriate writ, order or direction, in the nature of writ, for banning the sale and usage of artificial polyamide threads for flying kites in the city of Jaipur and the State of Rajasthan, specially on the festival of 'Makar Sankranti'. It is also prayed that usage of nylon threads in flying the kites be declared illegal and may kindly be banned. Other writ, order or direction, as may be deemed fit, may also be issued.

(2.) IT is averred in the petition that multiple accidents are occurring by use of artificial nylon(polyamide) thread in kite flying in place of traditional cotton threads, which is much less harmful. Various kind of nylon threads are being used, specially on the festival of 'Makar Sankranti' to fly kites. Copies of test reports, conducted by the Government Laboratory, has been filed as Annexure-1 to the petition. Copies of newspaper reports showing accidents by use of nylon thread for kite flying have been collectively filed as Annexure-2 to the petition. Millions of kites are flown in a course of single day on the festival of 'Makar Sankranti' in Jaipur and for the last few years, polyamide threads are being used instead of cotton threads. Nylon threads are twice as strong as compared to cotton threads and do not break easily and are causing multiple accidents while passing through the hands of the flyers and the kites are coming in the way of moving persons, resulting severe life threatening cuts. Polyamide threads are not biodegradable and get struck in electric lines, transformers and public utility gadgets. Aforesaid threads accumulate in drains to clog them. Birds are also affected due to usage of aforesaid threads.

(3.) IT is submitted in the reply that requisite directions have been issued under Section 5 of the Environment(Protection) Act, 1986. Similar directions have been issued by the State of Gujarat on 04.12.2009. Department of Environment, vide its letter dated 09.05.2012, was of the view that directions issued on 13.01.2012 prohibits use of plastic or any such synthetic material of Chinese make or other toxic materials like iron powder, glass powder etc., which is likely to cause injury to the birds as well as people and to ensure that the same is not used for kite flying. A copy of the letter dated 09.05.2012 has been filed as Annexure-R/2 to the reply. Issuance of aforesaid direction is in order to prohibit the use of nylon(polyamide) threads for kite flying and requisite directions have been issued by the respondents.