Bombay High court emphasised that citizens’ health is more important than the interests of any one community.
Mumbai: The Bombay High Court has placed the decision on granting permission to feed pigeons in the hands of the Brihanmumbai Municipal Corporation (BMC), while directing an expert committee to assess the impact of pigeons on human health.
The court made it clear that human health is of paramount importance and cannot be compromised. The committee has been tasked with examining all aspects of public health, with the aim of presenting an accurate picture of the situation. The court emphasised that citizens’ health is more important than the interests of any one community.
The bench stated that, at present, the focus is solely on the health concerns of people, not on the constitutional right to religious freedom under Article 25. However, Article 25 is subject to public health considerations. Therefore, while granting permission to feed pigeons, the BMC must also take into account the health of thousands of people passing by pigeon-feeding areas.
The court instructed the BMC to make a well-considered decision, noting that the corporation’s earlier move to shut down pigeon feeding was aimed at protecting public health. BMC should listen to all stakeholders before granting any permission, and ensure that feeding does not take place on streets. Currently, pigeon enclosures are covered with tarpaulins, so proper arrangements must be made before allowing feeding. During the hearing, the BMC expressed its intention to permit feeding between 6 am and 8 am.
AIIMS Professors, KEM Doctors, and Town Planning Director Among Members
The bench of Justice Girish Kulkarni and Justice Arif Doctor directed the state government to approve the names of 12 committee members by August 20. Earlier, State Advocate General Virendra Saraf submitted a list of 12 proposed members to the court. The committee will include the Director of the Public Health Department, BMC’s Executive Health Officer, a professor from AIIMS, a pulmonology specialist from KEM Hospital, a microbiology professor from JJ Hospital, Dr. Sujit Rajan, a representative of the Bombay History Pigeon Society, a professor from a veterinary hospital, the Town Planning Director, and a representative from the Animal Welfare Board of India.
The court also allowed petitioners who had brought the matter of pigeon enclosures to court to present their suggestions to the committee. Notably, the panel will also consider the possibility of designating separate locations for pigeons in the city. The committee has been instructed to submit its report within a month of its first meeting. The next hearing has been scheduled for four weeks later.
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