A Mumbai court convicted a businessman for feeding pigeons in a public place, holding that the act posed a danger to human life and violated government orders. He was fined Rs 5,000 under the provisions of the Bharatiya Nyaya Sanhita.
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MUMBAI: A metropolitan magistrate court in Bandra has convicted a Mumbai businessman for feeding pigeons in a public place, holding that the act posed a risk to public health and violated government orders. The court imposed a total fine of Rs 5,000, marking the first conviction of its kind since the Bombay High Court-backed ban on pigeon feeding in public areas.
The accused, Nitin Sheth (52), a Dadar-based businessman, was found guilty of feeding pigeons at the now-shut kabutarkhana (pigeon feeding station) in Mahim on August 1. The area falls under the jurisdiction of the Brihanmumbai Municipal Corporation (BMC), which had earlier banned pigeon feeding in most parts of Mumbai, citing health risks and public nuisance.
Additional Chief Judicial Magistrate V U Misal of the 9th court, Bandra, delivered the verdict on December 22, observing that the act was “likely to spread infections of diseases dangerous to life” and posed a danger to human health and safety.
Sheth was convicted under the Bharatiya Nyaya Sanhita (BNS), 2023, specifically:
- Section 223(b): Disobedience of a lawful order issued by a public servant
- Section 271: Negligent act likely to spread infection of a disease dangerous to life
The court imposed a fine of Rs 3,000 under Section 223(b) and Rs 2,000 under Section 271, totaling Rs 5,000.
According to the police, Sheth was feeding pigeons near the kabutarkhana on LJ Road, close to Hinduja Hospital, an area considered sensitive due to nearby medical facilities. A criminal case was registered at the Mahim police station, and a chargesheet was filed within a month.
During the trial, Sheth voluntarily pleaded guilty and sought leniency from the court. In his application, he stated that his plea was made without coercion. Accepting the plea, the magistrate noted that, considering the nature of the offence, a monetary penalty would suffice.
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This conviction is significant as it is the first such ruling after the Bombay High Court imposed a ban on feeding pigeons in public places in July. The BMC has consistently argued that pigeon droppings contribute to respiratory illnesses and other health hazards, especially for children, the elderly, and patients with compromised immunity.
Court’s Observation
In its order, the court stated:
“Your act has caused danger to human life, health or safety and violated the orders of the government and thereby an offence punishable.”
The magistrate further observed that the accused had committed an act which he knew or had reason to believe was likely to spread an infection dangerous to life.
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