SC Upholds Bombay HC Ban on Feeding Pigeons in Kabutarkhanas

Speedy Summary

• The Supreme Court declined to intervene in a special leave petition challenging the Bombay high court’s directive to the Brihanmumbai Municipal Corporation (BMC) to register criminal cases against individuals feeding pigeons at “kabutarkhanas” in Mumbai.
• A Bench of justices J.K.Maheshwari and Vijay Bishnoi stated that as proceedings were ongoing in the High Court, initiating parallel hearings was inappropriate.
• The petitioners retained the option to apply for modification of the order with the High Court, as noted by the Supreme Court in its decision dismissing their plea.
• The Bombay High Court’s order cited public health concerns, identifying pigeon feeding at kabutarkhanas as a significant threat that possibly harmed people of all ages.
• While heritage kabutarkhanas were protected from demolition by prior court rulings, public feeding activities were strictly prohibited at these locations.

Indian Opinion Analysis

The refusal by India’s Supreme Court to entertain parallel proceedings highlights judicial restraint and deference toward ongoing hearings within lower courts. It ensures procedural clarity and avoids potential confusion between two simultaneous judicial processes.

The case underscores a critical urban civic issue tied closely with public health policies. Feeding pigeons is not merely an act of compassion; unchecked practices can contribute to air quality concerns and transmission-related risks from bird droppings containing harmful pathogens. By prioritizing health hazards over traditions such as bird feeding in kabutarkhanas, Mumbai authorities are attempting to strike a balance between preserving heritage structures and protecting citizens.

This development may set precedents regarding municipal responsibility on urban hygiene while addressing cultural norms surrounding animal welfare practices within crowded cityscapes like Mumbai.

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