HC directs government to frame policy for compensating deaths due to Chinese 'manjha'

The Delhi High Court has directed the Delhi Government to frame a new policy for granting compensation for the deaths or loss of limbs caused by the Chinese Manjha within eight weeks. The High Court has asked the government to place the policy in the court.

The Delhi High Court has directed the Delhi Government to frame a new policy for granting compensation for the deaths or loss of limbs caused by the Chinese Manjha within eight weeks. The High Court has asked the government to place the policy in the court. The High Court said that it is pained to note that people are losing their lives and limbs due to Chinese Manjha year after year.

The High Court has directed Delhi police to take action against people manufacturing and selling Chinese Manjha and a report has also been sought by HC in this regard. Justice Subramonium Prasad passed this direction while hearing a batch of petitions. Justice Prasad said that it appears that the policy has yet not been framed by the State Government and a status report on behalf of Delhi Police has also not been filed.

"The State Government is directed to frame the policy and file it in Court within eight weeks from today," Justice Prasad ordered on April 29. The High Court has called the latest status report from Delhi police. "Let the latest status report be filed as well by the Delhi Police showing the action taken against those persons who are manufacturing and selling Chinese Manjha from the year 2017 to 2024," Justice Prasad directed.

The matter has been listed on 23.08.2024 for further hearing. The High Court observed that a number of Orders have been passed by this Court directing the Respondents to initiate steps to ensure that Chinese Manjha is not sold in the market.

"Though Orders under have been passed by this Court, this Court is pained to note that a number of persons are losing their life and limbs because of Chinese Manjha year after year," Justice Prasad expressed his displeasure. On 09.08.2023, the High Court directed the Delhi Police to file a status report regarding action taken against those persons who are manufacturing and selling Chinese Manjha.

The State Government was also directed to file a comprehensive policy for granting compensation for people who have lost their lives and limbs due to such accidents. In April 2023, the Delhi High Court directed the Delhi Police to continue to take steps to restrain the sale of banned Chinese manjha in Delhi during kite flying season and the Independence Day period.

"It is directed that Delhi Police shall continue to take steps to restrain the sale of Chinese manjha in Delhi even during the forthcoming Independence Day period, which is the kite-flying season," Justice Prathiba Singh said in the order passed on August 8. The high court also perused the status report on the steps taken by the Delhi police to stop sale of Chinese Manjha in the national capital.

"A perusal of the above would show that steps are being taken by the Delhi Police to stop the sale of Chinese manjha within the territory of Delhi. The Delhi Police have also interacted with the e-commerce websites and have sensitised them of the danger of selling Chinese manjha," the bench noted. The Delhi High Court was hearing the petition of kins of four bikers whose death was caused by the Chinese Manjha and one other. They have sought compensation from the Delhi Government and compliance with rules and advisories issued by the authorities.

Earlier in February 2023, the bench had directed the crime branch to investigate the 4 death cases that occured in August 2021, July and August 2022. The FIRs have already been registered. The court had directed, " The crime branch of Delhi police shall investigate the case and file a comprehensive Status and an affidavit within six weeks.

The court said that the status report shall contain information regarding the manufacturer/importers who are selling, markets where it is available, whether the shopkeepers arrayed as accused or not, and the status of the FIR or any other FIR registered. In 2017, the Chinese Manjha was banned by the Indian government. (ANI)

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