Bombay High Court: Feeding Pigeons a Public Nuisance, Health Hazard — Allows FIRs Against Violators

The Bombay High Court on Wednesday came down heavily on the continued feeding of pigeons in the city, declaring it a public nuisance and a serious health hazard. The court authorized the Brihanmumbai Municipal Corporation (BMC) to register FIRs against individuals defying its earlier orders and feeding pigeons at designated ‘kabutarkhanas’.

A division bench of Justices G S Kulkarni and Arif Doctor, while hearing a petition by animal rights activists, said the issue was not merely about birds but about the “grave and potential health hazard” posed to the public due to the congregation of pigeons.

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The court had earlier restrained the BMC from demolishing heritage kabutarkhanas but had categorically denied permission for feeding pigeons there. Despite this, people continued feeding birds at these sites, prompting the court’s strong remarks.

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“This is now compounded with an emerging situation of utter disregard for law,” the bench observed, adding that those who persist in feeding pigeons are obstructing civic officials and flouting judicial directions.

The court permitted the BMC to prosecute violators. “Such acts would, in our unhesitating view, constitute a public nuisance and are likely to spread diseases and endanger human life,” the order stated.

The bench underscored the risk posed to nearby residents, warning of infections and other health complications due to the dense bird congregation. It directed the civic body to take all necessary and strict measures to curb the menace.

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The case arose from a petition filed by animal enthusiasts Pallavi Patil, Sneha Visaria, and Savita Mahajan, who challenged the BMC’s demolition of kabutarkhanas starting July 3. They alleged the move violated the Prevention of Cruelty to Animals Act.

However, the court reiterated that the predominant concern must be human health. “The safety and predominance of human health cannot be compromised due to such unchecked and unlawful congregation of pigeons,” it said.

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