In anticipation of the Uttarayan festival, the Gujarat High Court on Friday reaffirmed the prohibition on all types of glass-coated threads used for kite-flying.

A bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi emphasized that the ban imposed by the State authorities extends to cotton threads with glass coating, in addition to all other types of glass-coated threads.

"Moreover, the Government Resolution dated 24.12.2024 does not make any classification between synthetic threads and cotton threads and all types of threads coated with glass and other harmful substance have been prohibited...All contentions made by the learned counsel for the private respondents in the direction that the cotton threads coated with glass are not included in the ban are found to be wholly misconceived and hence rejected," the Court said in its January 10 order.

The Court delivered its ruling in response to a Public Interest Litigation (PIL) filed by two individuals, seeking the implementation of the directives outlined in the State government's circulars issued in January 2023 and December 2024.

The circulars explicitly prohibited the use of Chinese lanterns, manjha, nylon/plastic dori, and plastic threads coated with glass or other hazardous materials during the Makar Sankranti festival (Uttarayan) in Gujarat.  

However, certain kite and cotton thread traders contended that previous orders by the Court and the National Green Tribunal (NGT), which banned hazardous substances in kite-flying materials, did not specifically mention glass-coated threads. They urged the Court to modify its January 8, 2024 order, which directed the State authorities to enforce the ban effectively. 

The traders argued that, in the absence of a specific reference to cotton threads coated with glass, such materials should not be restricted for trade.  

The Court, however, rejected these submissions, stating that cotton threads coated with glass cannot be deemed harmless to humans or birds.

"This submission is neither here nor there, inasmuch as, the learned counsel for the respondent could not argue that the cotton threads coating with glass cannot be said to be coating with harmful substance and it would not be dangerous to human beings and birds," the Court noted in its Order.

The Court further highlighted that the State government’s resolution issued on December 24, 2024, prohibits the use of all dangerous substances used in the manufacture of kite-flying materials without distinguishing between synthetic and cotton threads. It clarified that the resolution applies uniformly to all types of threads coated with glass or other harmful substances.  

Advocates Bhunesh C. Rupera and M.M. Beg represented the private traders, while Advocates R.C. Kakkad and Harshesh R. Kakkad appeared for the private respondents. Advocate Vishwas K. Shah represented People for Ethical Treatment of Animals (PETA), and Public Prosecutor G.H. Virk appeared on behalf of the State of Gujarat.

Case Title: Siddharajsinh Mahavirsinh Chudasama & Anr. v. State of Gujarat