A person flying kites cannot modify the thread to sharpen it for sparring with fellow flyers, the Delhi High Court has said while noting the city government has allowed only cotton thread free from glass to be used, amid troubling incidents of people losing lives and receiving injuries because of sharp strings.
The high court's order came while hearing a plea by an association of shopkeepers dealing in sale, purchase and storage of kite flying material, challenging a 2017 notification that states: “Kite flying shall be permissible only with a cotton thread, free from any sharp/ metallic/glass components/ adhesives/thread strengthening materials”.
The shopkeepers, who also deal in kite string known as 'Saddi' and “Manja” made of traditional cotton thread manufactured in smaller cities, have contended that the language used in the notification is amenable to interpretation in wide terms.
They said although there is no difficulty in using cotton thread free from sharp, metallic/ glass components but the expressions 'adhesives' and 'thread strengthening material' are wide enough to include several material including those with regard to which there may be no possible objection.
A bench of Justices Vibhu Bakhru and Amit Mahajan said insofar as the petitioner's grievance with regard to this direction is concerned, the same proscribes the use of adhesive and thread strengthening material and it is not applicable to the manufacturers or dealers of kite flying thread but is directed at persons engaged in kite flying.
The Delhi government also clarified that kite flying will be permitted only with cotton thread, free from any sharp/ metallic/ glass components/ adhesives/ thread strengthening materials.
“This is, clearly, to ensure that the persons, who engage in kite flying, use thread that is incapable of causing any injuries. It prohibits them from taking steps to sharpen the kite flying thread by use of sharp metallic or glass components and adhesives.
"A person flying kites cannot modify the kite flying thread to sharpen the same for the purposes of sparring with fellow sports persons,” the bench said.
About the use of strengthening material, the court said it was of the view that the term is very wide and in the event the respondents desire to proscribe the strengthening of the thread used for kite flying, it will be necessary for them to clearly specify that dealing above a particular tensile strength of the cotton thread will be prohibited.
The other part of the notification says, “There shall be complete 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 manja" 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 petitioner association said it has no grievance with this direction.
The high court disposed of the petition noting that in view of the clarification that only this direction is applicable to manufacturers and dealers of thread used for flying kites, the petitioner's counsel does not press the challenge to the impugned notification.
No further orders are required to be passed in this petition, it said.