Too Much Flutter? Bombay HC To Set Up Expert Panel As Pigeon Feeding Row Ruffles Feathers

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3 days ago

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Calling authorities "custodians of the rights of citizens," the bench observed that it is the duty of the BMC and also the state government to protect the health of the citizens
'Kabutarkhanas" will remain closed in Mumbai as the Bombay High Court on Thursday said that a committee will be set up to decide whether pigeons cause health hazards.
The decision to shut down 'Kabutarkhanas" in India's financial capital snowballed into a controversy amid massive protests, especially by the Jain community.
'Some people want to feed pigeons, but thousands of people stay in the vicinity and are concerned about their health," said the court while hearing petitions in favour and against the decision of the Brihanmumbai Municipal Corporation (BMC) to demolish 'Kabutarkhanas" (pigeon feeding enclosures) across Mumbai.
A division bench of Justices Girish Kulkarni and Arif Doctor noted the medical evidence brought on record by the BMC and Dr Sujit Rajan from Bombay Hospital, indicated that the 'congregation of pigeons and pigeon droppings have adverse and in fact irreversible damages on human health", Live Law reported.
Calling authorities 'custodians of the rights of citizens," the bench observed that it is the duty of the BMC and also the state government to protect the health of the citizens. The judges also pointed out the fundamental duties of citizens to develop a scientific temper, humanism, spirit of enquiry and reform.
While clarifying that the decision to demolish the enclosures (Kabutarkhanas) is not taken by the court but by the BMC, the bench said the court deems it fit to appoint a Committee to look into the medical evidence on record and submit its report expeditiously.
'We do not want to give out a picture that the court ordered something. We are not experts. Let the Expert Committee go through the material on record and give its findings," J Kulkarni remarked.
The bench has adjourned the hearing in the case till Wednesday, August 13, when it would be hearing Advocate General Dr Birendra Saraf on behalf of the State and take names of Experts from him so that the committee can be constituted.
What CM Fadnavis Said?
A month after his own government ordered the shutdown of pigeon feeding sites in Mumbai, Maharashtra Chief Minister Devendra Fadnavis has said the 'abrupt" closure of 'kabutarkhanas" was not advisable and the BMC should ensure controlled feeding of the birds.
Closure Of 'Kabutarkhanas"
After the HC order last month, BMC officials on August 3 covered the Dadar Kabutarkhana, a grade II heritage structure and the most popular pigeon feeding site in Mumbai, with a tarpaulin sheet to stop people from accessing the spot. The civic body has said it took action against 142 persons for feeding pigeons at 'kabutarkhanas' across the city and recovered a fine of Rs 68,700 from them between July 13 and August 3.
On Wednesday, protesters forcibly removed the tarpaulin put up by the city civic body to cover the Dadar Kabutarkhana.
The protesters, mostly members of the Jain community, clashed with police, who tried to stop them from removing the large plastic cover put on bamboo scaffolding at the site.
The kabutarkhana issue was raised by Shiv Sena leader Manisha Kayande in the Maharashtra legislative council on July 3 during the monsoon session. The nominated MLC had said 'kabutarkhanas' pose a danger to people living around them as their waste and feathers lead to respiratory diseases.
In an oral response, Industries Minister Uday Samant, replying on behalf of Deputy Chief Minister Eknath Shinde, who holds the urban development portfolio, said there were 51 'kabootarkhanas' in Mumbai.
'The civic body will be asked to start (an awareness) drive against 'kabutarkhanas' within a month. Directions will be issued to the BMC to immediately start the process of shutting down kabutarkhanas," Samant had told the Upper House of the state legislature.
(with inputs from PTI)
About the Author
Saurabh Verma
Saurabh Verma covers general, national and international day-to-day news for News18.com as a Senior Sub-editor. He keenly observes politics. You can follow him on Twitter --twitter.com/saurabhkverma19
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