Ahead of Makar Sankranti, Bombay HC slams Maharashtra for ‘continuous failure’ to implement ban on nylon manja`

The court observed that in case of minor users, the amount shall be recovered from the parents as it is their “duty to to teach their children about responsible behaviour, from which the children can learn about the consequences” and also “discourage the inappropriate behaviour”.

Ahead of the Makar Sankranti festival, the court, while expressing “serious dissatisfaction” over non-implementation of the ban, said “continuous failure of the state government impacts right to life under Article 21 of the Constitution.”

A Division Bench of Justices Vibha V Kankanwadi and Hiten S Venegavkar passed the order on a suo motu Public Interest Litigation (PIL) initiated after taking cognisance of injuries and deaths due to the use of nylon manja.

“We are constrained to record our serious dissatisfaction with the manner in which the authorities have addressed the issue. The record reveals a disturbing pattern. Whenever a serious incident is reported in the media, or the matter is listed before this court, assurances are tendered, raids are conducted, and so-called ‘special drives’ are undertaken,” the HC noted.

‘Enforcement recedes into inertia’

The court went on to observe, “Once the immediate spotlight fades, enforcement recedes into inertia. Such an approach is episodic, reactive, and ritualistic, and wholly inconsistent with the constitutional obligations of the State.”

The court also said that affidavits by the state government, police authorities, and civic bodies are “repetitive, generic”.

“This continued failure of governance directly impacts the right to life under Article 21 of the Constitution. The danger posed by nylon manja is not confined to human beings alone; it results in horrific injuries and deaths of birds and other living creatures, whose protection flows from the constitutional mandate under Articles 48A and 51A(g).” the court observed, adding that “reported cases represent only a fraction of actual harm caused.”

“Merely prosecuting petty vendors or users does not discharge this obligation,” the court said. It observed there were no serious attempts to dismantle the illegal supply chain, and the continued availability of nylon manja on online marketplaces was “alarming”.

The bench then issued a batch of directions, including the constitution of STF led by the Inspector General of Police and comprising officers from the Cyber Crime wing and other specialised units, and submit a comprehensive action plan of state-wide action within four weeks.

It directed all top police officers at various cities and districts to conduct continuous surveillance and intelligence-based operations and actions through inter-department coordination against “upper tiers of the supply chain”, including manufacturers, distributors, and ” not merely against end-users or street-level vendors”.

The civic bodies are also directed to conduct continuous inspections of shops, godowns, and markets where prohibited nylon manja is found and take effective action.

The court also ordered the government to designate within three weeks a nodal officer to monitor e-commerce, social media, and messaging platforms for immediate takedown of listings, advertisements, and content related to nylon manja. The court also said authorities shall undertake public awareness prior to and during festival seasons, highlighting the dangers of nylon manja.

The bench also directed the state government to pay interim compensation of Rs 2 lakh each to three victims, including a boy and two men who suffered injuries due to nylon manja, and can recover the amounts through errant persons.

Victim compensation fund

It also ordered the creation of a “victim compensation fund” by the state government within four weeks. Posting further hearing after eight weeks, the court said “non-compliance or cosmetic compliance will invite stringent orders, including fixation of personal accountability of senior officers.”