No interim relief to plea challenging Kabootar khanas closure: ‘Human health paramount’

Earlier this month, the Maharashtra government had directed BMC to close Kabootar khanas in the city citing serious health hazards due to pigeon droppings and feathers.

A division bench of Justices Girish S Kulkarni and Arif S Doctor was hearing a writ plea filed by animal rights activist Pallavi Sachin Patil along with Sneha Deepak Visaria and Savita Mahajan, who sought direction to restrain BMC from demolishing Kabootar khanas/feeding areas for pigeons and to ensure that the petitioners and other citizens are not prevented from feeding pigeons.

The plea also sought direction to BMC to restore the “status quo” with respect to demolished or damaged kabootar khanas. Pending the plea’s hearing, the petitioner sought a stay on BMC’s “illegal actions” with respect to the demolition of such feeding areas.

“BMC has material that citizens are affected. Medical science has progressed and there are evidence…It has happened in England, where some old people have died. We don’t know what kind of lungs we have now. There are children and senior citizens. Why not adhere to the policy?” the HC orally questioned the petitioner’s lawyer.

Advocate Harish Pandya for the petitioner argued that even birds have the right to life and  are required to be fed. Justice Kulkarni responded, “There is an issue of concern all over… particularly at such a place (kabootar khana). It is becoming some kind of pandemic as a number of such places come up. KEM Hospital and other Municipal Hospitals have material as they deal with regular visits of persons affected with such diseases.”

The judge went on to remark, “While we recognise animal rights,  we also have to put human rights on a high pedestal… You cannot put animal rights over human rights… rights of animals and humans are required to be balanced… We will have to examine whether it (balancing) is not done in the present decision. The corporation had not taken such a decision so far and now they had to because a lot of thought went into it. The whole idea is not to get these pigeons at one place.”

Pandya argued that BMC acted in aa “highhanded and arbitrary manner,” and sought interim relief to feed the pigeons at designated places twice a day so that “they shall not die of thirst and hunger”.

“This is not a correct stand… that all pigeons in Mumbai go to Kabootar khana. You will find them everywhere… even in the HC corridor… Do you want us to say that pigeons will die if they do not visit Kabootar khana? They are surviving by themselves but you want to feed them because they gather at one place in Dadar area and are only concerned with them,” Justice Kulkarni orally remarked.

“There has to be a logic to your argument… Are you going to feed thousands and lakhs of pigeons? Who said pigeons depend only on your feeding? This is the rainy season so there is no shortage of water… We are conscious of animal rights and they should be balanced… How can they (animal rights) be overwhelming when public health is concerned? Their congregation should be stopped is what they (authorities) are saying,” the judges added.

“In view of the policy now sought to be implemented by the Municipal Corporation considering human health to be paramount, we are not inclined to grant any ad-interim order at this stage… Till the adjourned date of hearing, the old heritage kabootar khanas may not be demolished,” the HC noted.

The bench directed the state government, BMC, Animal Welfare Boards of India and Maharashtra Police to file their affidavits in reply along with the response of Dean of civic-run KEM Hospital on health hazards before the next date of hearing on July 23.