Mumbai: Amid the debate over closure of kabutarkhanas, which according to the BMC, pose health risks to Mumbaikars, the Bombay High Court on Thursday noted serious public health concerns arising from pigeon droppings. It called for medical data to assess the impact on citizens, while extending the interim protection against demolition of kabutarkhanas.
Court Extends Interim Protection on Demolitions
On July 15, the HC had passed an interim order restraining the BMC from carrying out any further demolition of the pigeon feeding enclosures. The order will continue till the next date of hearing, which has been scheduled after two weeks.
Kabutarkhanas Pose ‘Grave Social Concern’: HC
On Thursday, a bench of Justices Girish Kulkarni and Arif Doctor said the matter must not be treated as adversarial as the BMC's objective is to protect the health of all sections of society, including children and senior citizens.
“Nothing can be more vital than human health,” the court remarked, observing that the congregation of pigeons at kabutarkhanas posed a “grave social concern”.
Expert Pulmonologist Asked to Provide Opinion
Further, the court sought expert medical opinion from Dr Sujeet Rajan, a consultant pulmonologist at Bombay Hospital, who had earlier provided inputs on the health risks associated with kabutarkhanas in a 2018 case.
The court has also called for data from government and private hospitals on how many patients from all age groups have been treated for respiratory illnesses linked to pigeon droppings. “It may not be a pandemic but may be an epidemic. Get the data. It will show the gravity of the situation,” the bench said.
Animal Welfare Board to Make Recommendations
The Animal Welfare Board of India informed the court of its intention to make suggestions to the BMC to ensure that birds are not adversely affected. The court permitted the board to submit its recommendations to the BMC commissioner.
HC Slams Use of Firecrackers to Scare Pigeons
The bench also took strong exception to allegations that civic staff were using firecrackers to scare away pigeons. It directed that if firecrackers were being used, the practice must stop immediately.
HC Hears Petition by Animal Lovers Against BMC
The court was hearing a petition filed by three Mumbai-based animal lovers, Pallavi Patil, Sneha Visaria, and Savita Mahajan, who alleged that the BMC had started demolishing kabutarkhanas since July 3 without legal authority. The petitioners contended that the civic body’s actions were arbitrary and in violation of the Prevention of Cruelty to Animals Act, 1960.
Lung Disease Case Highlights Health Risks
During the hearing, the bench allowed an intervention application filed by Anant Pai, son of senior advocate Ratnakar Pai, who recently passed away.
In his plea filed through senior advocate Jamshed Cama, Anand claimed that his father was diagnosed with lung disease allegedly caused by prolonged exposure to pigeon droppings. The court said this real-life example demonstrated the “direct health hazard” posed by kabutarkhanas.
