No blanket ban on celebration of kite flying festival, but restrictions to be in place: Gujarat High Court

Gandhinagar: There will be no blanket ban on kite flying this Uttarayan. However there shall be restrictions in place. The main restriction will be that, one can celebrate kite flying only from own terrace/rooftop.

During hearing on a plea seeking complete prohibition on kite flying on Uttarayan this year due to Covid19 pandemic, the Advocate General put before the bench of Chief Justice Vikram Nath and Justice Pardiwala, the restrictions the State government has planned, such as no gathering and kite flying at public places and roads, advisory for celebration of kite flying festival in restricted manner with closed family members only, prohibition on gathering for kite flying without mask and maintaining social distancing, arrangement of sanitizer on terrace, no DJ-loud speaker – music allowed, advisory for persons above 65, those with comorbidity, children below 10 and pregnant women to stay at home, ban on Chinese sky lanterns, tukkals, synthetic-plastic-chinese manja, directives on protocols for those visiting kite markets such as Raipur, Tankshal, Naroda etc, drone-CCTV use for vigil, no slogans on kites and a drive to sensitize the secretaries of societies and flat schemes.

The Advocate General, representing the State government specifically mentioned that the government has made a provision in its proposed guideline that no person other than the resident of the flats or society shoud be allowed on terrace.

The High Court suggested that in case of violation of this particular point in the guideline, the Secretary of that society or flat scheme to be held responsible. The Advocate General agreed to add this clause.

Advocate General told the High Court that there has to be balance between celebration of festival and pandemic situation. He assured the court that the government will strictly implement these guidelines.

The High Court also heard an advocate who represented the manufacturers of kites. The advocate told the High Court that even Navratri and Diwali festivals were celebrated with some guideline in place in restrictive manner, and in same way, kite flying festival should also be allowed with some restrictions in place, but with not blanket ban.

Chief Justice Vikram Nath opined that the festival will not be stopped completely as sustenance should be there for all. He said, ‘we are not anti anybody and we don’t want to deprive someone from livelihood.’

In response to request for blanket ban on kite flying this Uttarayan, the Chief Justice asked a petitioner’s lawyer, ‘How the government can stop you going to terrace of your premises? The government can make provision that outsiders may not be invited and only family members living in the house go there. People have to be responsible and behave in their best interest.’

DeshGujarat