You see, if you go by the rulebook or the law, No, flying kites is not legal in India, but then you see hundreds and thousands of people flying kites, what about it then? Well, the thing is, under a specific law, the act of kite flying is indirectly banned, but it is not implemented property, so in a way, you can enjoy flying kites without worrying about getting into some kind of legal trouble or anything like that.
Why Exactly Is Kite Flying Illegal In India And What’s The Law Regarding That?
Be clear from the start that it is actually the Aircraft Act of 1934 is the law that governs kite flying in India. The law may have been designed for effective control of aircraft and safe flying in the airspace, but interestingly it provides for a very wide definition of the term “aircraft”, you know? So yes, in other words, anything that flies and is supported by the air could be considered as an aircraft besides just airplanes, which would include balloons, gliders, and, you guessed it, kites as well.
So, generally speaking, flying a kite actually belongs to the same group as flying a plane. The law categorically states that one should get a permit or a license to fly a kite. But that’s just in theory, in practice, this step does not get implemented against people flying kites for the sheer thrill of it.
Is Flying a Kite Illegal Without a Permit?
Although the Aircraft Act specifies the requirement of a permit for flying kites, in practice, this rule is not often enforced, and why is that? Well, in many instances, like festivities, people choose to have a go at this recreational activity not even considering that there can be legal actions taken against them. The law is only invoked if kite flying is the cause of a threat to other people or animals by the hazardous use of sharp strings and so on. So, if during a festival, you are busy enjoying the kite-flying session, there is no need to fear that you are breaking any laws. Just practice consideration for the way you are going to fly and where you are going to fly, primarily if dangerous strings or too much crowding are involved.
Court Rulings and Interpretations
Without a doubt, some Indian courts have also made rulings regarding this matter. The Delhi High Court, in a remarkable case, stated that flying kites is a crucial part of Indian culture, especially during festivals such as Makar Sankranti, and that it should not be prohibited in a wholesale manner, you know? Though, the court stated that the focus should be on regulating the usage of lethal kite string, rather than making kite flying illegal as a whole.
Technically, the law may demand that one needs a permit for flying a kite, still, it is not usually implemented, particularly when it comes to spontaneous or festival-associated kite flying. The key concern is safety, thus, you are good to go with your kite, so long as you choose safe string types and avoid crowded spots, that’s what all matters.
