Kite Flying Act - A Defective Legislation - 哈立德扎法尔和同事

Punjab Prohibition of Dangerous Kite Flying Activities Ordinance, 2001 as amended vide Punjab Prohibition of Kite Flying (Amendment) Act, 2009 (the “Kite Flying Legislation”) was enacted to control the mischief of killings caused by kite twine.

The Kite Flying Legislation is a defective legislation and its practical implementation is very difficult. The major focus of the legislation should have been to regulate the thickness and strength of twine used for kite flying.                                                     

The prime excuse for enacting Kite Flying Legislation was the safety hazards for motorcyclists. Massive economic activity was curbed and millions of people were deprived of their bread and butter with the enactment of the legislation. However, despite ban on manufacturing of kites the accidents due to twine still continued. The solution of the issue was lying in requisite amendment in Punjab Motor Vehicle Ordinance and not depriving millions of people from their livelihood and banning a culture.

The enactment of Kite Flying Legislation is putting an unnecessary pressure on Punjab Police and opening a new way to corruption and corrupt practices. In the disguise of kite flying young children are arrested leaving a tremor in their minds and putting the parents of those children in hassle and monetary jeopardy. It is very comic that the number of cases reported in media for violation of kite flying and interference of police do not correspond with the number of FIRs and consequent convictions for the so called offence.

The Kite Flying Legislation can be treated flawed in the following ways:

• The Kite Flying Legislation does not envisage the treatment and mechanism in cases where a juvenile is committing an offence. The acts is prima facie in contradiction to child protection laws and juvenile justice systems.

• The Kite Flying Legislation is putting an unnecessary burden over district administration including the police. The time and energy of the police should be spent on heinous crimes like control of thefts, robberies and investigation of murders etc. which, have increased manifold during past decade. Furthermore, the amount of efforts incurred by police for stopping kite flying can be successfully incurred for controlling the manufacturing of deadly twine used in kite flying, provided the willingness and desired integrity of law enforcing agency is in place.   

• The Kite Flying Legislation completely failed in stopping the accidents caused by twine. The act does not prescribe the safety measures for the motor cyclist due to which the accidents are continuing despite a complete ban on kite flying. Which prima facie depicts that the ban is not the solution but safety is the solution to the problem.

The culture and the trade can be restored provided the Government has the willingness to do it and amend the laws which put a focus on controlling twine rather than putting a ban on kite flying and kite manufacturing activities.