Amid a controversy over the Brihanmumbai Municipal Corporation’s (BMC) decision to shut down the Dadar Kabutarkhana in north-central Mumbai, the Bombay High Court clarified on Thursday that it had not ordered the closure of any kabutarkhanas (pigeon-feeding spots) in the metropolis, but it had only refrained from staying the BMC’s closure order.
“It was the BMC’s decision (to close Kabutarkhanas) which was challenged before us. We did not pass any order. We only did not grant any interim relief,” a HC bench of Justices GS Kulkarni and Arif Doctor said.
The clarification came in the wake of a claim by Maharashtra Chief Minister Devendra Fadnavis that the kabutarkhanas were closed down following the high court’s order.
More than a hundred irate members of the Jain community had on Wednesday forcefully opened the famed Dadar Kabutarkhana in north-central Mumbai and offered grains to pigeons on Wednesday, in protest against the decision taken
by the Brihanmumbai Municipal Corporation
(BMC) to shut down the
bird-feeding spots in the country’s commercial capital.
In its clarification, the HC bench said, “We are only concerned about public health. These are public places where thousands of people are residing. There has to be a balance. There are few who want to feed (pigeons). It is for the government to now take a decision. There is nothing adversarial in this.”
Maintaining that human health was of paramount importance and concern, the HC bench said, “All medical reports point at irreversible damage caused by pigeons. Human life is of paramount importance. If something affects the larger health of senior citizens and kids, then it should be looked into. There has to be a balance.”
“We are not experts. The matter needs scientific analysis. Hence, in our opinion, the state can consider appointing a committee as it is the guardian and custodian of public health and of the citizens,” the HC bench said.
“If the committee opines that the BMC’s decision was right, then a suitable alternative for the birds can be looked into,” the Judges added.
“It is for the government and BMC to take an informed decision to ensure that the constitutional rights of every citizen are upheld and not just those of a few interested individuals,” the HC bench said.
While scheduling the next hearing of the case for August 13, the HC bench asked the Advocate General of Maharashtra to remain present at the next hearing, so that it could pass an order on setting up an expert committee.
It may be recalled that the same HC bench — which is hearing a bunch of petitions filed by people who feed pigeons challenging the BMC’s decision to ban such feeding and close Kabutarkhanas — had on July 30 refused any interim relief to the petitioners. However, it asked the BMC not to demolish any heritage Kabutarkhana in Mumbai.
There are 51 kaburkhanas where people have, over the years, been congregating and feeding the flocking pigeons there. The 92-year-old Dadar Kabutarkhana is one of them.
In its order passed on July 30, the high court had directed the BMC to initiate prosecutions under Sections 270, 271 and 272 of the BNSS against persons who continue to feed pigeons in defiance of the directives issued by the BMC, “since such acts would in our unhesitating view constitute a public nuisance and are likely to spread diseases and end human life. Such acts undoubtedly expose the public “to imminent danger from the spread of infections /diseases dangerous to human life”
Among other things, the HC bench had directed the BMC to “take all the necessary steps and implement strict measures as they may deem appropriate to stop the congregation of
pigeons at the various Kabutarkhanas across
the city”.
The HC bench had allowed the BMC to cordon off and cover the Kabutarkhanas with appropriate materials to ensure that there is no congregation of the pigeons at one place. It had also directed BMC “to maintain hygiene and cleanliness at this Kabutarkhanas so that there is no nuisance to the public at large”.
The court had asked the BMC to install sophisticated CCTV cameras wherever required in addition to deputing beat marshals/officers of the BMC to visit to all sites where “pigeon feeding continues to take place”