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The Indian Express

⇱ "Unfortunate": Bombay HC Slams State Over Deadly Nylon Manja as Special Task Force Targets E-Commerce Giants


THE AURANGABAD bench of the Bombay High Court, while describing the injuries and loss of lives due to illegal use of nylon manja (kite string) as “unfortunate,” sought details from the state government on the number of cases registered, manufacturing units dismantled, and criminal action taken against the errants.

“Seriousness has to be maintained (by authorities) so that there is some relief, at least during the next season (around Makar Sankranti festival),” the judges remarked.

The court in its March 18 order also took note of administrative action by the state government, including forming of a Special Task Force and appointment of nodal officers and monitoring of e-commerce websites, among others, and said due to its orders the enforcement has begun to take shape.

In January this year, ahead of the Makar Sankranti festival, a division bench of Justices Vibha V Kankanwadi and Hiten S Venegavkar had observed that “despite an unequivocal ban, nylon manja continued to be freely available and widely used” and said “continuous failure of the state government impacts the right to life under Article 21 of the Constitution.”

While hearing the suo motu Public Interest Litigation initiated in 2020 after taking cognisance of injuries and deaths due to the use of nylon manja, the HC had directed the Director General of Police to constitute a dedicated Special Task Force (STF), among a slew of other directions.

Earlier this month, government pleader A B Girase for the state submitted an affidavit by the police stating measures undertaken by authorities as per the January 9 order.

The affidavit stated that the STF headed by Sudhir Hiremath, Special Inspector General of

Police, was formed on February 26 to address the illegal manufacture, storage, transport, sale, and online marketing of nylon manja. Nodal officers were appointed across various police units, and instructions were given to Commissioners of Police and Superintendents of Police across the state for stringent actions.

It was further stated that negligence in implementing directions or any incident due to use of nylon manja will
result in disciplinary action against the responsible officers.

The affidavit further referred to steps to monitor online sale and digital marketplaces and stated that Maharashtra Cyber Cell has issued takedown notices to several digital intermediaries and e-commerce platforms, including Amazon, Flipkart, IndiaMART, Myntra, among other online platforms, directing removal of illegal listings, advertisements, and promotional material related to nylon manja.

Moreover, awareness initiatives are being undertaken by police through social media campaigns, along with reminding kite sellers and distributors of legal consequences, and citizens are encouraged to report illegal sale of nylon manja through the emergency helpline number 112.

The HC also sought details of actions from municipal authorities. It asked the STF to consider evolving a mechanism to address issues related to compensation to victims and families of the deceased persons to ensure “timely assistance” to them to avoid affected persons approaching courts. Girase said it was considering compensation to be paid through the Chief Minister Relief Fund.

“The court finds this situation to be unfortunate, particularly when the issue concerns public safety and protection of birds and animals from the hazardous effects of nylon manja,” the HC said, and sought “administrative control” by the state government over municipal bodies on actions against illegal sale of nylon manja.

Seeking detailed affidavits from the STF and state government, the bench posted the further hearing to April 15.