Bombay High Court seeks expert opinion on health hazards caused by pigeon droppings

The Bombay High Court on Thursday directed a renowned city doctor to submit an expert opinion on the health hazards caused by pigeon droppings and feathers in public feeding areas (Kabutarkhanas) across Mumbai [Gunvatrai Maganlal Shah v State of Maharashtra & Ors]..A Division Bench of Justices GS Kulkarni and Arif S Doctor directed Dr Sujeet Rajan to assess medical material already on record, including an affidavit by Dr Amita Athavale of KEM Hospital, and file his report within 10 days.The Court was hearing two petitions filed by animal rights activists against the BMC’s decision to dismantle Kabutarkhanas. The petition sought directions to ensure that citizens are not prevented from feeding pigeons in public spaces.There is nothing more vital than human health, the Court opined in its order.“There cannot be anything more vital than human health, and if there is any hazard and/or potential for such hazard by breeding of pigeons and by congregating them in Kabutarkhanas, certainly, it is a matter of grave social concern. In such a situation, when steps are being taken in the interest of public health by the Municipal Corporation, on the basis of modern research and empirical materials, could such action be labelled as illegal is the question.”.During the last hearing, the Court had refused any interim relief to the petitioners.However, it had directed the Brihanmumbai Municipal Corporation (BMC) to file its reply.In its reply, the BMC submitted an affidavit by Dr Athavale, Head of Pulmonary Medicine at KEM Hospital, who highlighted scientific evidence and case studies linking pigeon exposure to serious respiratory conditions like asthma, hypersensitivity pneumonitis and interstitial lung disease. The Animal Welfare Board of India, a respondent in the case, sought to submit suggestions to protect pigeons in the wake of Kabutarkhana closures. An intervener also brought to the court’s attention the death of a Senior Advocate allegedly due to lung disease caused by prolonged exposure to pigeon droppings..Taking note of the broader public health implications, the Court allowed the petitioners to file rejoinders and also permitted the Animal Welfare Board to submit its response. The matter must be viewed from a human health standpoint and not as an adversarial dispute, the Court underscored.It directed the registry to forward the existing medical affidavits to Dr Rajan and scheduled the matter for further hearing on August 7.The court reiterated that interim directions issued earlier this month would continue. It specifically ordered that firecrackers not be used by municipal staff to disperse pigeons in the meantime..Advocate Harish Pandya along with advocate Malhar Zatakia, Rohit Agarwal, Rajesh Bhavsar instructed by Dhruv Jain appeared for petitioner Pallavi Sachin Patil.Advocate Praful Shah along with Yakshay Chheda instructed by SSB Legal & Advisory represented petitioner Gunvatrai Maganlal ShahAdvocate Rupali Adhate along with advocates Rutuja Bodake and Pushpa Yadav instructed by advocate Komal Punjabi appeared for BMC.Additional Government Pleader Manish Upadhye appeared for the State.Senior Advocate Manisha Karia and Advocate Vishal Navale appeared for Animal Welfare Board of India.Advocate Ashutosh Misra represented Union of India..[Read Order]