Bombay High Court has created a 12-member expert committee to study whether feeding pigeons at public Kabutarkhanas harms human health, and if it can be allowed in a controlled way. The team will give its report soon.
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MAHARASHTRA: The Bombay High Court has taken an important step to address concerns about public health and pigeon feeding in Mumbai.
On Wednesday, the Court set up a special 12-member expert committee to carefully study the health effects of feeding pigeons at Kabutarkhanas (public pigeon-feeding spots).
The panel will also check if such feeding can be allowed in a strictly controlled manner without risking public health.
A bench of Justices GS Kulkarni and Arif Doctor passed this order while hearing several petitions against the Brihanmumbai Municipal Corporation’s (BMC) decision to ban pigeon feeding at certain public places.
Earlier, the Court had said it was not right for judges to give final opinions on medical matters without expert help. The bench had noted that it does not have the medical knowledge needed to study such health-related evidence and form a final opinion. Instead, it had suggested creating an expert panel of people with the right skills to guide on this issue.
On Wednesday, the State’s Advocate General Birendra Saraf submitted the proposed list of members for the committee, which the Court accepted.
The 12-member panel will have:
- Director, Department of Public Health (Chairman)
- Executive Health Officer, BMC (Member)
- Director, Town Planning Department (Member Secretary)
- Director, Bombay Natural History Society (Member)
- Professor from AIIMS (Member)
- Officer nominated by Maharashtra Animal Welfare Board (Member)
- Officer nominated by Animal Welfare Board of India (Member)
- Dr Sujeet Rajan, Pulmonologist (Member)
- Dr Amita Athavale, Pulmonologist (Member)
- Professor of Immunology nominated by Government Medical College (Member)
- Professor of Veterinary Science nominated by Government Veterinary College (Member)
- Microbiologist nominated by Dean, JJ Hospital (Member)
The Court has given the committee two main tasks.
First, to check the impact on public health caused by feeding pigeons, including the dangers from pigeon droppings.
Second, if they find there is a health risk, to see if feeding can still be allowed in a regulated way without harming people.
The panel will also look at whether fixed feeding spots can be made, and what rules will be needed to make it safe.
While approving this, the Court said:
“We are of the opinion that it eminently in the larger public interest, that such expert committee is constituted. We accordingly direct that the aforesaid expert committee shall stand appointed”
The Court asked the State government to formally notify the committee by August 20 and told the panel to try to give its report within one month after its first meeting. The Court has also allowed the committee to take help from more experts if needed, to make sure the study is complete and accurate.
The judges also noted that some petitioners had applied to the BMC Commissioner for permission to feed pigeons at fixed times. The Court told the BMC to publish a public notice to get feedback from people and then decide on these applications.
The Bench clearly stated:
“It is imperative that the Municipal Commissioner takes an informed decision in accordance with law on these applications of the Petitioners”
The next hearing on this matter will be on September 10.
Many lawyers appeared for different parties in the case, including:
- Advocate Harish Pandya with advocates Malhar Zatakia, Rohit Agarwal, Dhruv Jain, Anushka Jain (for petitioner Pallavi Sachin Patil).
- Senior Advocate AY Sakhare with advocate Praful Shah, Yakshay Chheda, Gunjan Shah (for petitioner Gunvatrai Maganlal Shah).
- Madhavi Tavanandi (for petitioner Shashwat Foundation).
- Advocate Ankit Lohia with advocate Nikita Bhansali, Drishti Solanki, Dheer Sampat (also for Pallavi Sachin Patil).
- Advocate Ashish Mehta with advocate Kajol Shah (for petitioner Hardik Hundiya).
- Senior Advocate Ram Apte with Rupali Adhate (for BMC).
- Advocate General Birendra Saraf with Government Pleader PH Kantharia and Additional Government Pleader Manish Upadhye (for State).
- Senior Advocate Manisha Karia and advocate Vishal Navale (for Animal Welfare Board of India).
- Advocate Ashutosh Misra (for Union of India).
CASE TITLE:
Pallavi Sachin Patil and Ors v MCGM
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