Priority to elephant's welfare over religious activities
The court directed that the elephant be transferred to the Jamnagar Trust within two weeks. The Child Welfare Warden of Maharashtra was directed to issue a transport permit and the counterpart in Gujarat to issue a no-objection certificate (NOC) for such a transfer. The court also asked the concerned police authorities to provide support for the same.
A division bench of Justices Revati Mohite-Dere and Neela K Gokhale passed the judgment on a plea by Swasti Shri Jensen Bhattarak, Pattacharya Mahaswami Sanstha, Math (Karveer) Kolhapur. The Math owned the elephant since 1992 as per Wildlife Protection Rules. It has a tradition to use an elephant for religious programmes and its maintenance is an 'integral part' of the Trust activities.
The plea sought quashing of two orders—dated December 27, 2024, and June 3, 2025— passed by the high-power committee directing the transfer.
In December 2023, the HPC—on a plea by People for the Ethical Treatment of Animal (PETA )— passed an order of transfer to RKTWET, after which the Math approached the Bombay High Court.
On March 23, 2024, the HC requested the panel to consider and decide the petitioner's representation. In the meantime, the authorities were directed to defer the transfer of the elephant and the same was continued even after HPC's order of transfer of December 27, 2024.
Last month, the HPC considered the grievances again as per court directive and directed transfer of the elephant to RKTWET.
Senior advocate Surel Shah, representing the Math, argued that the HPC's decision was 'illegal, perverse and bad in law'. Shah argued that the HPC overlooked that the elephant was looked after in a proper manner at the Kolhapur Math. Advocates Shardul Singh and Vishal Kanade for RKTWET and PETA respectively opposed the plea.
After perusing submissions, the bench observed that 'the HPC has aptly analysed the effects of confinement of an elephant in a religious setting'. The high court added that the HPC has 'duly appreciated the observations of veterinary experts and interpreted legal provisions vis-a-vis the ethical, constitutional and legal framework supporting the protection and rehabilitation of elephants, especially those in captivity.'
Justice Gokhale noted that the petitioner couldn't explain what caused the elephant's back injury while it was under Math's care and custody.
'The only fathomable culprit can be the howdah that may have been placed on the elephant's back to carry loudspeakers and human beings during processions. This continued treatment of the elephant is callous and brutal. The elephant does not deserve to be used to ferry weighty humans and equipment. Thus, this argument cannot be taken to be a mitigating factor in favour of the petitioner…The cursory health certificates do not inspire confidence,' the judges held.
The Court, while the upholding the HPC's decision, added that RKTEWT was 'suitable to house Mahadevi and provide her with timely and much needed succor.'
The court added that it 'considered and chose the survival of the elephant and its right to quality life, over and above the rights of men to use the elephant for religious rites.'
It said that the Math may have had no deliberate intent to cause injury to the elephant. Referring to Lawrence Anthony's book 'The Elephant Whisperer', the court said that it had 'parens patriae' duty 'to secure rights of the voiceless and hapless Mahadevi.'
'In the given circumstances of conflict between the rights of an elephant and the rights of petitioner-Math to use the elephant in the discharge of its religious activities, priority must be given to the elephant's welfare,' observed the court.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Scroll.in
11 hours ago
- Scroll.in
Why Mumbai ban on feeding pigeons has pitted neighbours against each other
Seventy-five-year-old Anasuya Patel and her husband VP Patel, 77, can barely walk without support. But on Wednesday morning, the couple joined an angry crowd as it marched towards the iconic kabutarkhana in Mumbai's Dadar and tore off the tarpaulin sheet in which it was covered. The kabutarkhana, or pigeon-feeding spot, had been covered with the sheet and wooden scaffolding on Sunday on the orders of the Bombay High Court. Hundreds of pigeons immediately flocked to the spot to peck at the grains hurled by the crowd. The court had directed the Brihanmumbai Municipal Corporation to seal 51 pigeon-feeding spots in the city on the grounds that their droppings and feathers posed a public health hazard. But Patel was aghast. 'If your children are dying of hunger, can you eat?' she asked. The couple had taken a taxi from their home in Mumbai's Matunga to defy the court order. Two floors above Patel's flat in Jamnadas Mansion, however, Bhogilal Manilal Parmar is tired of shooing away pigeons. Outside his home is the decades-old Matunga kabutarkhana. From his window, he can see pigeons swarm over almost every inch of the tree outside. Parmar has breathing problems, as do his three daughters. One of them recently contracted pneumonia. A doctor had told him that their respiratory problems were due to the pigeon droppings all around their home, Parmar said. 'We moved into this building six years ago,' Parmar said. 'Our breathing problems began after that.' He has been planning to move out of the flat, but the court order has given him pause. 'We are hopeful that the kabutarkhana will remain shut and we won't have to move,' he told Scroll. Parmar said he has tried to reason with his neighbours. 'But they think I am cruel,' he said. As with Patel and Parmar, the ban on feeding pigeons in public has sharply divided the residents of Mumbai neighbourhoods. The Jain community has taken the lead in mobilising protestors to defy court orders and push for the reopening of all kabutarkhanas. With the civic polls approaching, Maharashtra Chief Minister Devendra Fadnavis has tried to placate the community by directing the municipality to permit controlled feeding. The health risk As Scroll has reported, the pigeon population in India has increased enormously, as the bird has adapted extremely well to urban, concrete environments. The 2023 State of India's Birds report found that between 2000 and 2023, the population of pigeons in India increased by more than 150%. With easy access to grain and ample space in buildings to lay eggs, their population has multiplied rapidly, posing a health hazard. The Bombay High Court cited a report by the pulmonology department of KEM Hospital, which warned that exposure to pigeons could lead to 'acute interstitial pneumonitis', a debilitating condition. The report said that pigeon droppings and feathers have pathogens that trigger asthma, affect lung function and lead to lung diseases like hypersensitivity pneumonitis. Alpa Mehta found that out the hard way. The 54-year-old lived on the second floor of Anasuya Patel's building in Matunga till about five years ago. Like many others, she too fed pigeons regularly. 'Around that time, my mother was diagnosed with hyper-fibrosis of the lungs,' Jayna Mehta, her daughter said. 'The pulmonologist advised us to move out immediately.' Jayna recalls speaking to the building residents, several of them Jains, about the health risks posed by pigeons. 'They thought we were making it up,' Alpa Mehta said. Only 47% of her mother's lungs are in a working state, Jayna Mehta said. There is an oxygen cylinder always at home and she will be dependent on steroids for the rest of her life. Jayna Mehta has little sympathy for those inciting others to defy court orders. 'We are Jains too,' she said. 'But we are shocked that our community would go and tear open a kabutarkhana. Only those who suffer can fully understand the risk.' 'Act of service' Her former neighbours remain unconvinced. Jayshree Shah, who lives on the first floor of Jamnadas Mansion, refuses to believe that pigeons can cause any health risk. She said none of the residents who have complained about the birds could show her any proof. 'My grandmother taught me to feed pigeons when I was a child,' she said. 'We have been doing so for generations. For Jains, feeding pigeons is an act of service.' When the municipal corporation shut the feeding spots, Shah began a campaign on WhatsApp, urging people to come out and protest. 'It hurts us to see the birds die of hunger,' she said. Several pigeon lovers told Scroll they continue to feed the birds secretly. 'We check if there is a civic official around. If he is not, we throw some grains near that tree,' said shopkeeper Dhanwant Mehta, pointing to an area close to the Matunga kabutarkhana. The city municipal corporation has fined nearly 150 people for flouting the ban. 'Not animal haters' Sometimes, the conflict between the pro- and anti- bird feeding camps has tipped over into violence. On August 3, Premal Patel, a senior executive in a multinational company, registered a first information report against some members of his apartment complex on Mira Road. He alleged that they had assaulted him with iron rods when he objected to them feeding the birds. In the last nine months, the number of people feeding pigeons in the complex has grown. 'So, more and more pigeons now fly into our society,' Premal Patel said. Their presence made him worried about his 70-year-old father's health. 'I am worried this will affect his lungs. He already has breathing problems.' On August 3, his father clicked photographs of a local resident who was feeding pigeons in violation of the court order. That led to a heated argument and the alleged assault. 'We are not animal haters,' Premal said. 'But there is a thin line between loving animals and encouraging an uncontrolled population that can harm humans.' All photographs by Tabassum Barnagarwala.
News18
a day ago
- News18
‘Irony Died 1000 Times': Jain Temple Pigeon Nets Spark Backlash Amid The Kabutarkhana Row
Last Updated: The photo comes at a time when the Brihanmumbai Municipal Corporation (BMC) has been actively shutting down pigeon-feeding spots across Mumbai. A photo from outside a Jain temple in Mumbai is gained widespread attention online as the city continues to clamp down on pigeon-feeding zones. The image, shows safety nets installed on temple windows to keep pigeons out. This has led to accusations of hypocrisy against the very community that has been protesting against the closure of public feeding spots. Many online users questioned how pigeons are welcomed in public spaces but kept out of religious ones. 'Hypocrisy At Its Best' The picture was reportedly taken near Dadar's Kabutarkhana which is one of the city's oldest and most prominent pigeon-feeding spots. The photo shows nets fixed on the temple's windows. The caption shared along with the photo reads, 'Guess what Dadar's Jain temple stands opposite Kabutarkhana. Nets are installed on the temple to keep pigeons out." Guess what Dadar's Jain temple stands opposite Kabutarkhana. Nets are installed on the temple to keep pigeons out. 😂😂😂 — Zoro (@wildcardgyan_) August 6, 2025 In the comment section, people pointed to what they saw as a contradiction in the community's actions as they were defending the right to feed pigeons in public while preventing them from entering temple premises. 'Someone file a petition to get that removed. Poor pigeons need to rest in the shade of the Jain temple," a person said. 'Hypocrisy, if they really love animals they should let the pigeons in along with the stray dogs around," someone else wrote while an individual remarked, 'The drama writes itself." The Court Order And Its Fallout The photo comes at a time when the Brihanmumbai Municipal Corporation (BMC) has been actively shutting down pigeon-feeding spots across Mumbai following a Bombay High Court ruling on July 31. The order directed the closure of all kabutarkhanas, citing health risks caused by bird droppings including respiratory issues like 'pigeon lung," damage to heritage sites and nuisance complaints. Soon after, the BMC barricaded many of these sites using tarpaulin covers and bamboo fencing. Warning notices were put up and feeding in public was banned. FIRs were ordered to be filed against violators. Faith And Tradition For many in the Jain and Gujarati communities, feeding pigeons is seen as a religious duty and part of their ancestral traditions. It is closely tied to the idea of jeeva-daya which means compassion towards all living beings and is often considered a way to earn good blessings. Since the ban, several Jain trusts and local groups have voiced strong opposition. At Dadar Kabutarkhana, organisers claimed that nearly 980 pigeons have died due to lack of food. Animal welfare groups have also stepped. They questioned the medical evidence behind the health claims and demanded humane alternatives rather than outright bans. Protests On Thursday morning, hundreds of people, mostly from the Jain community, gathered at Dadar Kabutarkhana in open defiance of the court's order. Protesters tore down tarpaulin covers, climbed over barricades and scattered grains to feed the birds. Police were called in to manage the situation and disperse the crowd. According to BMC data, fines worth Rs 68,700 have been collected from 142 people across various kabutarkhanas between July 13 and August 3. Of these, 61 fines were issued at Dadar alone. About the Author Buzz Staff A team of writers at bring you stories on what's creating the buzz on the Internet while exploring science, cricket, tech, gender, Bollywood, and culture. News18's viral page features trending stories, videos, and memes, covering quirky incidents, social media buzz from india and around the world, Also Download the News18 App to stay updated! tags : mumbai pigeon viral news view comments First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
&w=3840&q=100)
Business Standard
a day ago
- Business Standard
Explained: Why feeding pigeons has become a political flashpoint in Mumbai
A seemingly routine action of covering up a public pigeon feeding area has turned into a full-blown controversy in Mumbai. It has brought to light a complex issue involving religious traditions, public health concerns, and politicians ahead of the city's municipal elections. According to a report by The Economic Times on Thursday, members of the Jain and Gujarati communities allegedly tore down tarpaulin sheets placed over the iconic Dadar Kabutarkhana (pigeon feeding area) by the Brihanmumbai Municipal Corporation (BMC). This defied a Bombay High Court ban on pigeon feeding in public spaces. Visuals of the incident have since gone viral, sparking political backlash and reigniting the 'native versus outsider' debate in Mumbai, cultural tension centred around who belongs to the city. These forms of debate centre around identity-linked issues like language, employment, and culture, often arising during elections. Pigeon feeding ban On July 30, 2025, the Bombay High Court ruled that feeding pigeons in public areas such as 'kabutarkhanas' (pigeon feeding spots) posed a serious health hazard and amounted to public nuisance. The court directed the BMC to file FIRs against anyone continuing to feed pigeons in defiance of the order. Rising complaints of respiratory illnesses from pigeon droppings. Environmental and sanitation concerns due to large gatherings of birds in densely populated areas. The order followed complaints from residents, health officials, and environmentalists who argued that unchecked pigeon feeding was harming public health and the urban ecosystem. What is a kabutarkhana? Why is it significant in Mumbai? Kabutarkhanas are traditional public pigeon feeding spots. The most famous among them is the Dadar Kabutarkhana, a Grade II heritage structure located at a key intersection near a Jain temple. For many members of the Jain community, feeding pigeons is a religious and moral act — a form of non-violence and compassion towards living beings. It is seen not just as charity, but as a sacred duty. How did this turn into a protest? Following the High Court's order, the BMC began taking enforcement actions: 142 people were fined between July 13 and August 3, including 51 at Dadar Kabutarkhana. On August 3, the BMC covered the Kabutarkhana with tarpaulin sheets to prevent access. Despite this, on August 6 and 7, groups of Jain protestors forcibly tore down the covers and began feeding pigeons, claiming the birds were starving. Police attempted to intervene, leading to scuffles. Visuals of the protest quickly went viral. What the state government says Maharashtra Chief Minister Devendra Fadnavis initially supported enforcement but changed course as tensions rose. On August 5, he said 'abrupt closure' of kabutarkhanas was not advisable. Then he called for 'controlled feeding' under civic supervision to protect both public health and animal welfare. Fadnavis also asked the BMC to set up a formal policy regulating pigeon feeding, explore dedicated aviaries, and conduct scientific studies on health impacts and cleaning methods. Political reactions Shiv Sena (part of ruling coalition) Party MLC Manisha Kayande condemned the protest and said pigeon feeding must be addressed scientifically, not emotionally. Kayande said, "When the kite festival kills birds, where are the animal lovers then?" Bharatiya Janata Party Minister Mangal Prabhat Lodha called the protest 'unfortunate', but emphasised the CM's balanced approach. He suggested police may act against those who broke the law. Congress Leader Vijay Wadettiwar accused the ruling Sena-BJP-NCP government of flip-flopping and trying to 'appease' minority voters ahead of elections. Maharashtra Navnirman Sena Firmly supports the ban and has called for similar measures in Thane. Why is feeding pigeons harmful? Medical experts and civic leaders point to several risks: Respiratory illnesses are caused by inhaling dust and droppings. For example, pigeon droppings can lead to hypersensitivity pneumonitis Spread of fungal infections and zoonotic diseases Overpopulation of pigeons, reliant on human feeding which disrupts urban ecology Shiv Sena's Manisha Kayande said, 'Pigeons become dependent. Feeding them in public spaces has long-term ecological and health impacts.' What happens next? A report will be submitted to the Bombay High Court. The BMC may file FIRs against those who defied the ban. The bottom line What began as a court-ordered public health measure has escalated into a debate over faith, governance, and electoral strategy. The fate of Mumbai's kabutarkhanas now lies at the intersection of religion, law, and public opinion. [With agency inputs]
