State Authorities Directed to Form Special Task Force, Strengthen Enforcement, and Establish Victim Compensation Fund
In a significant ruling, the Bombay High Court at its Aurangabad Bench has issued stringent directives to curb the illegal manufacture, sale, and use of nylon manja, a banned synthetic kite string known for causing grievous injuries to humans and animals. The suo-motu Public Interest Litigation (PIL), initiated in 2020, reached a critical juncture as the court expressed its serious dissatisfaction with the State's ineffective enforcement of the prohibition.
The bench, comprising Justices Smt. Vibha Kankanwadi and Hiten S. Venegavkar, highlighted the persistent availability and use of nylon manja despite statutory bans and criticized the episodic and reactionary approach of the authorities. The judgment emphasized the constitutional obligation under Articles 21, 48A, and 51A(g) to protect the environment and living creatures, underscoring the State's failure to uphold these mandates.
The court directed the formation of a Special Task Force, led by an officer of Inspector General rank, to tackle the issue comprehensively. This task force is mandated to dismantle the illegal supply chain, monitor online sales, and ensure coordinated, state-wide enforcement efforts. Authorities have been instructed to focus on upper-tier suppliers rather than just street-level vendors.
Further, the court ordered interim compensation of Rs. 2,00,000 each for identified victims of nylon manja injuries, including a minor child and two adults, highlighting the State's liability for failing to enforce the ban effectively. The judgment also called for the establishment of a victim compensation fund and a policy framework for future victims.
Municipal Corporations and local bodies have been tasked with conducting continuous inspections and taking stringent actions against violators, including license cancellations and prosecutions. Additionally, the State is required to engage IT professionals to oversee digital marketplaces and ensure immediate removal of prohibited items.
The judgment concluded with a stern warning of stringent actions, including personal accountability for senior officials, in case of non-compliance or superficial adherence to the court's directives. The court scheduled the matter for further consideration after eight weeks, keeping the PIL pending to ensure diligent follow-up.
Bottom Line:
Public Interest Litigation addressing the issue of nylon manja - Directions issued to State authorities for enforcement, compensation for victims, and establishment of victim compensation fund.
Statutory provision(s): Articles 21, 226, 227, 48A, 51A(g) of the Constitution of India.
