Bombay High Court Criticizes Maharashtra Government Over Nylon Manja Ban Enforcement
The Bombay High Court has expressed serious dissatisfaction with the Maharashtra government's continuous failure to implement a ban on nylon manja. This sharp criticism comes just ahead of the Makar Sankranti festival, when kite flying activities traditionally peak across the state.
Court Orders Formation of Special Task Force
On January 9, the Aurangabad Bench of the Bombay High Court directed the Maharashtra Director General of Police to constitute a dedicated Special Task Force. This STF will exclusively handle offences related to the manufacturing, storage, transportation, sale, and use of the banned nylon kite strings.
The Division Bench of Justices Vibha V Kankanwadi and Hiten S Venegavkar passed these orders while hearing a suo motu Public Interest Litigation. The court initiated this PIL after taking cognisance of numerous injuries and deaths caused by nylon manja.
"Episodic and Reactive" Approach Draws Criticism
The High Court noted a disturbing pattern in enforcement efforts. "Whenever a serious incident is reported in the media, or the matter is listed before this court, assurances are tendered, raids are conducted, and so-called 'special drives' are undertaken," the bench observed.
However, the court pointed out that "once the immediate spotlight fades, enforcement recedes into inertia." The judges described this approach as "episodic, reactive, and ritualistic" and stated it was wholly inconsistent with the state's constitutional obligations.
Constitutional Rights and Environmental Concerns
The court emphasized that the continued failure of governance directly impacts the fundamental right to life under Article 21 of the Constitution. The danger extends beyond human beings, with nylon manja causing horrific injuries and deaths to birds and other living creatures.
"The protection of these creatures flows from the constitutional mandate under Articles 48A and 51A(g)," the court reminded authorities. The bench added that reported cases represent only a fraction of the actual harm caused by the banned material.
Comprehensive Directions Issued
The High Court issued several specific directions to address the ongoing crisis:
- The STF will be led by the Inspector General of Police and include officers from the Cyber Crime wing and other specialized units.
- All top police officers across cities and districts must conduct continuous surveillance and intelligence-based operations targeting the upper tiers of the supply chain.
- Municipal bodies must conduct regular inspections of shops, godowns, and markets where prohibited nylon manja might be stored or sold.
- The government must designate a nodal officer within three weeks to monitor e-commerce platforms, social media, and messaging apps for immediate removal of nylon manja listings and advertisements.
- Authorities must undertake public awareness campaigns before and during festival seasons highlighting the dangers of nylon manja.
Compensation for Victims and Creation of Fund
The court directed the state government to pay interim compensation of Rs 2 lakh each to three victims who suffered injuries due to nylon manja. These include a boy and two men, with the government authorized to recover these amounts from errant persons.
Additionally, the bench ordered the creation of a "victim compensation fund" within four weeks. The court warned that non-compliance or cosmetic compliance will invite stringent orders, including fixation of personal accountability of senior officers.
Online Availability Remains Alarming
The court expressed particular concern about the continued availability of nylon manja on online marketplaces. "Merely prosecuting petty vendors or users does not discharge this obligation," the bench stated, noting there were no serious attempts to dismantle the illegal supply chain.
The court has posted further hearing after eight weeks, giving authorities time to implement these directions. This development follows a recent order by the Nagpur Bench of the High Court, which imposed fines of Rs 2.5 lakh on sellers of illegal nylon manja and Rs 25,000 on users.
