In a decisive move to ensure safety during the Uttarayan festival, the Gujarat High Court has clarified that all types of glass-coated threads, including cotton and synthetic variants, are banned for kite-flying in the State. The ruling aims to prevent harm to humans and birds caused by such hazardous materials.
A Bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi emphasized that the ban imposed by the State authorities through a resolution dated December 24, 2024, explicitly covers all threads coated with glass or other harmful substances, irrespective of their base material.
“No Exceptions for Cotton Threads Coated with Glass”
The Court dismissed arguments by traders claiming that cotton threads coated with glass were excluded from the ban. The Bench underscored, “The submission that cotton threads coated with glass are harmless to human beings and birds is wholly misconceived and rejected outright.”
Reiterating the risks posed by such threads, the Court observed that their use endangers public safety and wildlife, aligning with previous directives issued by the National Green Tribunal (NGT).
Comprehensive Prohibition on Hazardous Materials
The Gujarat government’s resolution bans all forms of glass-coated threads, nylon dori, plastic threads, and other hazardous kite-flying materials to minimize injuries and fatalities during the festival. The Court clarified, “The resolution does not differentiate between synthetic and cotton threads. All threads coated with glass or harmful substances are prohibited.”
The ruling was issued in response to a Public Interest Litigation (PIL) filed by two individuals seeking enforcement of government circulars from January 2023 and December 2024, which aimed to curb the use of dangerous materials during Makar Sankranti.
Background and Enforcement Challenges
Traders had argued that prior Court orders and NGT directives did not explicitly include cotton threads in the ban. However, the High Court ruled that such interpretations were flawed and reaffirmed the comprehensive nature of the prohibition.
The Court’s order reinforces the State’s commitment to ensuring public and environmental safety during Uttarayan. Authorities have been directed to enforce the ban effectively and take stringent measures against violators.
Case: Siddharajsinh Mahavirsinh Chudasama & Anr vs State of Gujarat & Ors – Available on LAWFYI.IO
