Kite Flying Laws [the Defects and Improvements Suggested in Legislation] - Khalid Zafar & Associates

There are two legislations/rules/regulations in field regarding kite flying in Punjab. The first one is Punjab Prohibition of Dangerous Kite Flying Activities Ordinance, 2001 as amended vide Punjab Prohibition of Kite Flying (Amendment) Act, 2009 (the “Act”). The second are the rules i.e. Punjab Kite Flying Rules, 2007 (the “Rules”). [collectively referred to as the “Legislations”].

It is very unfortunate that the Legislations were defective and were nefariously designed in a manner which could not practically implement or regulate the kite flying activities. One of the major defects in the Legislations are that the same do not allow manufacturing of kites throughout the year. Before the ban was implemented on Basant, the kites were manufactured by home based workers throughout the year for a single day event. The legislators while drafting the law closed their eyes towards the need for preparation and time required for manufacturing the goods for kite flying. Be that as it may, the legislation forbidding the manufacturing of kites in itself is against the fundamental right of trade granted under Constitution of Islamic Republic of Pakistan.

The Legislations are further defective while explaining/controlling the application of glass coated manja on thread. The Legislations used the words ‘sharp manja’ and ‘certified manja’ which term is not defined and in absence of its definition it is virtually impossible to regulate the thread used for kite flying which is the biggest evil leading to impose of ban over the event.

Another problem is that Legislations are outdated due to lapse of Local Government Ordinance, 2001. The Rules require the registration of kite manufacturer, trader or seller of kites or kite flying material with the District Coordination Officer. The rules while providing the ‘Permission for Kite flying’ specifies that a prior permission from Union Nazim should be obtained by the occupier of a place for flying kites. Like-wise the rules deal with the vigilance committee by Union Nazim. It is very comic that the Local Government Ordinance, 2001 was repealed in the year 2013 and the malice of the Government is evident from the fact that no efforts were made to do the requisite amendments according to updated local government laws.

Another aspect is the enforcement of Legislations. The Rules provided for opening the festival during a certain period for a particular point of time in a year. The law also provides the specifications for thickness of thread to be used in ‘dor’. The Government has failed to get the Legislations enforced in its true form and spirit. The government has preferred to admit their failure to exercise the writ of the state and has put a complete ban on the trade and culture in complete violation of the Article 18 and 9 of the Constitution of Islamic Republic of Pakistan respectively and blatantly against the essence of the Legislations.

The need of the hour is to make the requisite amendments in the laws related to kite flying activities in order to remove the defects of the Legislations and conform the same in accordance with the local government laws. Furthermore, the government can take further measures for safety of the motor cyclist by making a requisite amendment in provincial Motor Vehicle Ordinance for provisions of safety bike antennas. The culture and the trade can be restored provided the Government has the willingness to do it and is ready to enforce the writ of the state.

Also Read
Effect of Ban on Basant on livelihoods of home based workers
https://khalidzafar.com/effect-of-ban-on-basant-kite-flying-activities-on-livelihoods-of-kite-makers- and-home-based-workers

History of Ban on Basant in Pakistan
https://khalidzafar.com/history-of-basant- and-its-ban-in-pakistan

Role of District Kite Flying Association in killing the culture of kite flying in Lahore
https://khalidzafar.com/killing-the-culture- and-death-of-art-by-district-kite-flying-association/