Bombay High Court emphasizes human health as vital, seeks expert opinion on hazards caused by pigeon droppings, calling it a matter of grave public concern and urgent review.
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MUMBAI: The Bombay High Court has stepped in to assess the health hazards posed by pigeon droppings and feathers, particularly at the city’s numerous Kabutarkhanas (pigeon feeding zones).
On Thursday, a Division Bench of Justices GS Kulkarni and Arif S Doctor directed noted pulmonologist Dr. Sujeet Rajan to provide an expert medical opinion on the potential health implications caused by the gathering of pigeons in public spaces. The decision comes amid rising concerns about respiratory illnesses linked to pigeon exposure, especially in densely populated urban environments like Mumbai.
This directive arose during the hearing of two petitions filed by animal rights activists, who are challenging the Brihanmumbai Municipal Corporation’s (BMC) move to remove public Kabutarkhanas. The petitioners argue that citizens have a right to feed pigeons in public areas, and such traditions should not be infringed upon.
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The Court’s assertive approach is based on empirical medical evidence. Notably, it has taken cognisance of an affidavit by Dr Amita Athavale, Head of Pulmonary Medicine at KEM Hospital, who cited international literature and Indian case studies linking pigeon exposure to serious respiratory diseases like:
- Hypersensitivity pneumonitis
- Interstitial lung disease (ILD)
- Chronic asthma
Focusing on the issue, an intervener pointed to the death of a Senior Advocate, allegedly due to prolonged exposure to pigeon droppings, underscoring the real-life risks that go beyond theoretical concerns.
The Bench made an observation that,
“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.”
While denying interim relief to the petitioners in an earlier hearing, the Court did not dismiss their concerns outright. Instead, it invited the Animal Welfare Board of India to submit suggestions on humane methods for managing pigeons if Kabutarkhanas are shut down. This includes exploring ethical relocation and non-invasive deterrent mechanisms.
Importantly, the Court stressed that the issue must be viewed through the lens of public health, not as a purely adversarial legal contest. The petitioners were granted liberty to file rejoinders, and the Animal Welfare Board was asked to officially place its recommendations on record.
Dr. Sujeet Rajan has been directed to submit his expert medical opinion within 10 days, with all relevant medical documents, including Dr. Amita Athavale’s affidavit, to be forwarded to him for review. The matter is scheduled for the next hearing on August 7. Meanwhile, the interim order restraining municipal staff from using firecrackers to disperse pigeons will remain in effect.
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