Why an order by Mumbai’s civic body on feeding pigeons is now before HC

On August 4, a day after the BMC erected bamboo poles around the Dadar Kabutarkhana and covered the pigeon-feeding site with tarpaulin, more than 1,000 members of the community hit the streets in protest.

Jains and kabutarkhanas

Feeding of pigeons is considered a pious duty in Jainism, which views this as a form of jeev daya, or compassion for living beings. Members of the community have historically erected pigeon houses in their homes and neighbourhoods — wooden structures holding up platforms that rise up to 7 metres in height, on which grain is scattered.

Larger structures called kabutriyas or kabutarkhanas, often built with community funds, were erected across Mumbai over the past century. The oldest of these was built by the Jain merchant Devidas Kothari in 1923 opposite the General Post Office building in Fort, and includes a pyau or fountain.

There are at least 51 kabutarkhanas in Mumbai currently, where members of the community and other bird lovers feed flocks of pigeons. Many are located near Jain temples and in neighbourhoods with large Gujarati populations. Feeding pigeons after offering prayers at the temple is part of the foundational memory of many Jains.

The Dadar kabutarkhana too is located near a Jain temple. Records show that in 1937, the Jain temple in Dadar wrote to the president of the erstwhile Bombay Municipality seeking permission to construct an enclosure for the protection of pigeons and other birds. In 1948, the temple trustees asked for permission to build a home and a water trough for the pigeons on the traffic island.

In 1954, the Bombay Municipal Corporation allowed the temple to fence the traffic island to protect the pigeons.

Directives by govt, HC

The long tradition of feeding pigeons notwithstanding, the explosion in the birds’ population, and the rising instances of pulmonary ailments among humans being traced to their feathers and droppings, have raised concerns in recent years.

This issue was raised in the Legislative Council by Shiv Sena leader Manisha Kayande on July 3, following which Industries Minister Uday Samant said that BMC would be directed to shut down the kabutarkhanas and take strict action against illegal feeding. The BMC crackdown began a day later.

On July 14, three animal rights activists approached Bombay High Court asking that the demolition of pigeon-feeding areas be stopped, and that citizens not be prevented from feeding the birds.

The court observed that “human health” was “paramount” and that the rights of humans and animals should be balanced. It declined to pass an interim order to allow feeding of pigeons, but halted the demolition of heritage kabutarkhanas.

Trustees of the Dadar Kabutarkhana Trust moved the court separately, arguing that the entire kabutarkhana was a heritage structure.

On July 24, the court said that “there cannot be anything more vital than human health and if any hazard is caused due to pigeons’ congregation at feeding areas, the same was a matter of grave social concern”.

On July 30, the HC directed the BMC to register FIRs against people who were “illegally” feeding pigeons at kabutarkhanas despite BMC’s policy and the denial of interim relief by the court. The HC asked BMC to install CCTV cameras to monitor “mischievous” feeders, depute beat marshals or civic officers at feeding sites, and use nets to prevent pigeons from congregating.

Escalation and anger

As the BMC, which is empowered to impose penalties over illegal bird-feeding, cracked down, at least 141 individuals were fined Rs 500 each at 44 of the 51 kabutarkhanas in the city. Between July 13 and August 3, the civic body collected Rs 68,700 in fines.

On August 1, the BMC registered an FIR against an unknown person at Mahim police station for feeding pigeons at Dadar Kabutarkhana. Over the next two days, the civic body covered the site to prevent the congregation of pigeons. Members of the Kabutarkhana Trust alleged that 980 pigeons in the vicinity had died in three days, and called a peace prayer meeting at the site on August 6.

As the crisis escalated, Cabinet Minister Mangal Prabhat Lodha wrote to BMC on August 3 asking it to look at the possibility of alternative feeding spots. Two days later, Chief Minister Devendra Fadnavis met with members of the Jain community and the Dadar Trustees, and directed the BMC to allow feeding at public spaces in a controlled manner to ensure that the birds did not starve.

Assuaged, the Trust called off its planned peace meeting. However, hundreds of people, apparently unaware of the decision, still gathered at the site, and a group led by women tore down the tarpaulin cover and fed the pigeons.

Where matters stand

The BMC is now considering the option of allowing feeding in a staggered manner for a few hours of the day, in line with the CM’s directive to permit controlled feeding, officials said.

On Thursday, the High Court recorded that since the BMC had not revoked or diluted its decision, the ban on feeding in public spaces “very much stands”. It allowed the petitioners to apply to the BMC if they intended to feed pigeons, and said the civic body should consider the “larger issue of public health” before making its decision.

The HC cited an opinion by Dr Sujeet Rajan of Bombay Hospital recommending “dismantling of pigeon-breeding areas at the earliest”, but it said that the court was “not an expert to examine” the issue.

Therefore, the court said, it was considering setting up a committee of experts, and if this committee agreed with the BMC’s decision, the authorities should consider an alternative workable mechanism for the pigeons.

The court will hear the Advocate General for Maharashtra and other parties on the setting up of the committee on August 13.