The Bombay High Court has taken a firm stand on the growing public health concerns associated with pigeon droppings and feathers at designated feeding areas known as Kabutarkhanas across Mumbai. On Thursday, a Division Bench of Justices G.S. Kulkarni and Arif S. Doctor appointed renowned pulmonologist Dr. Sujeet Rajan to provide an independent expert opinion on the potential medical risks posed by the large-scale congregation of pigeons in public spaces.
The Court directed Dr. Rajan to review existing scientific material, including an affidavit filed by Dr. Amita Athavale, Head of Pulmonary Medicine at KEM Hospital, which links pigeon exposure to serious respiratory conditions such as asthma, hypersensitivity pneumonitis, and interstitial lung disease. Dr. Rajan has been given 10 days to submit his report.
The directive came during the hearing of two petitions filed by animal rights activists challenging the Brihanmumbai Municipal Corporation’s (BMC) decision to dismantle Kabutarkhanas. The petitioners argued that the move infringed on citizens’ right to feed pigeons in public areas.
However, the Court made it clear that human health must take precedence. “There cannot be anything more vital than human health, and if there is any hazard or potential for hazard caused by breeding and congregation of pigeons at Kabutarkhanas, it is undoubtedly a matter of grave social concern,” the Bench observed. “When steps are being taken in the interest of public health based on modern research and empirical data, can such action really be termed illegal?”
The Court also permitted the Animal Welfare Board of India, which is a respondent in the matter, to submit suggestions for the welfare and protection of pigeons following the closure of these feeding zones. An intervener additionally brought to the Court’s attention a case where a senior advocate allegedly died from a lung disease caused by prolonged exposure to pigeon droppings.
The judges emphasized that the matter should not be viewed as a confrontational legal dispute but rather as a public health issue requiring a balanced, evidence-based approach. Petitioners were allowed to file rejoinders, and all medical documents have been forwarded to Dr. Rajan through the court registry.
The matter will now be heard again on August 7. Meanwhile, the Court’s earlier interim order restraining municipal authorities from using firecrackers to disperse pigeons remains in effect.
Case: Gunvatrai Maganlal Shah v State of Maharashtra & Ors – Available on LAWFYI.IO
