- The Aircraft Act 1934 classifies kites and balloons as aircrafts, mandating a licence to authorise their use, manufacture and maintenance
- We seek due licenses to fly a kite or amend this archaic rule of law: CCS
New Delhi. Members of leading think tank Centre for Civil Society, along with students from 5 law colleges [Maharashtra National Law University, Mumbai (MNLU), Symbiosis Law School, Noida (SLS), Hidayatullah National Law University, Raipur (HNLU), National Law School of India University, Bangalore (NLSIU), The National Academy of Legal Studies & Research, Hyderabad (NALSAR)] across the country, apply to procure license to fly a kite on the occasion of Makarsankranti. Classifying kites and balloons as aircrafts, the Aircraft Act 1934 mandates a license to authorise the use, make and maintenance of the same. Adhering to this diktat, hundreds of letters seeking the said license were sent to Ashok Gajapati Raju, the civil aviation minister, India and the DGCA.
Delineating on the matter,Dr. Neeti Shikha; Associate Professor, Symbiosis Law School, Noida said that, “keeping in line with Prime Minister Narendra Modi's campaign against old and outdated laws, we worked with the Centre for Civil Society to explore antediluvian laws. One such law is the Aircraft Act 1934, which regulates licenses to fly, manufacture and repair all aircrafts including kites and balloons. Further exploration of the Act brought forth the stringent fine and prison time its violation entails, wherein, any person found guilty of flying an aircraft (in this case a kite) so as to cause “danger” can be jailed for a term of 2 years or fined up to 10 lakh rupees or both. The same remains the case for balloons as well.”
Nitesh Anand; Advocacy Associate, CCS,elucidating on the initiative said, “ as law abiding citizens, we have applied for a license prior to flying kites on the occasion of Makar Sakranti.”He hopes the initiative will bring the governments’ focus on the immediate need to beseech an amendment to this rule of law, among many others. He reiterated that, “either the government amends the Aircraft Act 1934 or provides applicants due license so that, uninformed people who earn their livelihoods by making kites and those who fly them do not unknowingly break the law”.