SC Declines to Intervene in Bombay HC Order Criminalising Pigeon Feeding at Mumbai Kabutarkhanas

The Supreme Court on Monday refused to interfere with Bombay High Court directions that empower the Brihanmumbai Municipal Corporation (BMC) to prosecute those feeding pigeons at Mumbai’s kabutarkhanas in violation of civic orders.

A bench of Justices J.K. Maheshwari and Vijay Bishnoi noted that proceedings in the case are still pending before the high court, which is scheduled to hear the matter again on August 13. “Parallel indulgence by this court is not proper. Petitioner can move the high court for modification of the order,” the bench said, declining to intervene.

The high court has been hearing multiple petitions by animal lovers and rights activists challenging the demolition of decades-old kabutarkhanas. While initially staying demolition, it prohibited feeding. On July 30, after recording instances of continued feeding and obstruction of civic staff, it directed registration of criminal cases under the Bharatiya Nyaya Sanhita, terming the acts “public nuisance likely to spread diseases and endanger human life.”

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Earlier, on July 24, the court warned that pigeon breeding and large congregations at such spots were a “grave social concern” and stressed that its order was in the “larger interest of societal health, from children to senior citizens.”

During the proceedings, the BMC presented medical evidence linking pigeon droppings and feathers to respiratory ailments including asthma, hypersensitivity pneumonitis, and lung fibrosis — illnesses that can be irreversible once advanced. The civic body argued that many patients only discover the damage after serious lung impairment.

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However, petitioners led by Pallavi Sachin Patil contended that pigeon feeding is a long-standing religious tradition, particularly among Hindu and Jain devotees, with over 50 feeding spots operating in the city for decades. They argued that health concerns were overstated and that pollution from vehicles and open burning posed a more direct asthma risk. They suggested alternatives such as constructing bird towers to facilitate coexistence.

The crackdown has sparked public protests. On August 6, hundreds clashed with police at the Dadar kabutarkhana, tearing down tarpaulin sheets placed to block feeding. Two days earlier, over 1,000 community members had demonstrated after the site was barricaded with bamboo poles and covered.

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