MUMBAI: The Bombay high court on Thursday said that it had not directed the closure of kabutarkhanas but, rather, had not stayed the BMC’s decision to close them. It had earlier refused to interfere with the corporation’s actions though it had stayed the demolition of kabutarkhanas on July 3.
Informing the court that nothing could be more fatal than the deleterious effects of pigeons on human health, the BMC counsel asked how the steps taken by the civic body in furtherance of public good could be termed “illegal”. “We have recorded opinions from doctors and experts. In view of societal health, we took the decision to close the kabutarkhanas. Can such actions be called illegal?” he asked.
Emphasising that the issue needed to be considered from the perspective that human health was paramount, the court stated that public health was a matter of grave social concern. The judges said that when actions such as closing kaburkhanas were taken on the basis of modern scientific research, they were not experts to issue directions. “We are only concerned about public health,” they said. “There are a few people who want to feed the pigeons. It is for the government to now take a decision.”
Highlighting that the health of citizens, especially children and senior citizens, was important, the court suggested appointing an expert committee to examine the impact of pigeon-feeding. It had already invited some medical opinions from lung specialists, who pointed out the adversarial health impact caused by pigeons.
“The state can appoint a committee, as it is the guardian and custodian of public health and citizens, to balance the interest of the larger population,” the court said. “We are certain that the issue can be resolved by having appropriate medical opinion on whether the closing of kabutarkhanas is a correct decision. If the committee decides they have been rightly closed, then certainly such expert opinion needs to prevail in the larger interest of public health. Certainly, the state govt or the corporation would not take a decision against expert opinion.”
The court further suggested that the committee report be submitted after consulting the petitioners, the BMC and bodies such as the Bombay Natural History Society and the Animal Welfare Board of India, and appropriate steps be taken to find alternatives. “This is the only way an impasse can be resolved,” the court said before adjourning the matter to August 13.
In the meantime, the court directed the BMC to file reply affidavits, and said that the previous order of the court would continue to operate. “If anyone wants to feed pigeons, they have to make an application to the BMC, which will take a decision on it”, it concluded.
The BMC, in the hearing on July 24, had told the court that pigeon droppings and feathers triggered asthma and other diseases such as hypersensitivity pneumonitis. A medical report submitted to the court highlighted that exposure to pigeons and their droppings could harm lungs and cause acute breathlessness. It said most people realised this medical condition too late by the time fibrosis began in the lungs. No drug is available to cure or reverse fibrosis.
Meanwhile, the BJP’s Mangal Prabhat Lodha once more sought to let those responsible for Wednesday’s vandalism at Dadar Kabutarkhana off the hook. “The protests at Dadar Kabutarkhana were not acceptable, as people took the law into their hands,” he said. “But those protests had nothing to do with the Jain trust. Some people from other organisations might have entered the agitations.”
The minister said he was in favour of safeguarding human health from pigeons and places for the birds away from human habitats needed to be found so that a midway solution could be found. “In my entire political life, I have always supported the larger public interest, and agree that public health should be safeguarded,” he said. “But at the same time, we cannot allow pigeons to die, and those who want to feed them should have space.”
Lodha claimed that unlike other birds, pigeons could not feed themselves (a fact unsupported by science). “One facility away from human habitats is coming up at the Sanjay Gandhi National Park, which a trust from the Digambar Jain community has developed. It will be opened on August 15,” he said.
(With input from Swapnasaurabha Kulshreshtha)