Government must balance rights, public health: Court on Mumbai Kabutarkhana ban
The bench further added, "We are only concerned about public health. These are public places where thousands of people reside. There has to be a balance. There are few who want to feed pigeons. It is for the government to now take a decision. There is nothing adversarial in this."The court added that it was for the government and BMC to take an informed decision to ensure that the constitutional rights of every citizen are upheld and not just those of a few interested individuals. "All medical reports point at irreversible damage caused by pigeons. Human life is of paramount importance," the bench said.The bench noted that there were many medical and statistical reports that the BMC as well as the petitioners had relied on. It added that the court was not an expert to decide on the issue and hence a scientific study is required before any decision is taken."There is a wealth of medical material that needs to be looked into. The court is not an expert to examine the same. Hence, in our opinion, the state can consider appointing a committee as it is the guardian and custodian of public health and of the citizens. The government and BMC can use their wisdom and solve the issue arising out of BMC's decision to close down Kabutarkhanas. The committee can decide if the decision of the BMC is right or wrong. Certainly, the Government and BMC will not go against the recommendation of the committee," said the bench.The bench thus sought the presence of the Maharashtra Advocate General to discuss the issue and said that in the event that a report is prepared on the issue and if BMC's decision is upheld and it is not required to be recalled, then expert opinion of organisations such as the Animal Welfare Board of India can be taken to find out alternatives for the birds, said the bench.During the end of the hearing, the petitioners sought that at least one hour of the day be given where the people could feed the pigeons. However, the bench refused to entertain the request and directed the petitioners to make representation before the BMC over the issue.THE BENCH WILL FURTHER HEAR THE ISSUE ON AUGUST 13 advertisementDuring the Maharashtra Assembly Session, certain BJP leaders spoke about pigeons creating health hazards for people. Soon the BMC announced that there was a ban on feeding pigeons that had been imposed and thus covered up the entire Kabutarkhanas. However, Jain community members said that it was a part of their religious service to feed pigeons and held protests and delegations met the Chief Minister. Later, it is learnt that Chief Minister Devendra Fadnavis as well as Minister Mangal Prabhat Lodha told the delegations that the ban had come about following a direction from the court. The state assured the Jain community members that it would make sure that the high court order is challenged.The high court had last month refused any interim relief to the petitioners, but asked the authorities not to demolish any heritage Kabutarkhanas. - EndsTune InTrending Reel
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