'Nothing More Vital Than Human Health': Bombay HC Notes Adverse Effects Of Pigeon Droppings; Stay On Demolition Of 'Kabutarkhanas' To Continue

While hearing petitions both in favour and against the decision of the Brihanmumbai Municipal Corporation (BMC) over demolition of Kabutarkhanas (pigeon feeding enclosures) in Mumbai, the Bombay High Court on July 24 (Thursday) opined that if there is a hazard or potential for such hazard by breeding of pigeons and congregating them in Kabutarkhanas, certainly it is a matter of grave social concern.A division bench of Justices Girish Kulkarni and Arif Doctor took note of the impact of pigeons and pigeon droppings on the health of humans, one of the primary reasons for which the BMC has decided to pull down the Kabutarkhanas in the city.The bench opined that the present proceedings ought not to be considered as adversarial proceedings, by any of the litigants, in as much as the decision of the Municipal Corporation is stated to be taken in the larger interest of the societal health, which includes health of all categories of persons from children to senior citizens. "We need to consider such issues from the perspective of the human health being paramount, as the issues as canvassed, directly affect the right to life and livelihood as guaranteed under Article 21 of the Constitution of India. 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 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," the bench observed. The judges took note of an affidavit filed by the BMC through Dr. Amita U Athavale, Professor and Head (Department of Pulmonary Medicine and Environmental Pollution Research Centre). The said affidavit referred to materials that a person is likely to suffer acute interstitial pneumonitis on exposure to pigeons which are being bred as a hobby. It added that several factors due to pigeons and pigeon droppings have triggered asthama and other diseases like hypersensitivity, pneumonitis. It also set out the health consequences of exposure to pigeon droppings and their feathers. "The prognosis and the disease behaviour and the management protocol in that regard; the adverse effects on the children's health by Chronic hypersensitivity pneumonitis due to pigeons droppings on the basis of scientific material, is what is discussed in the affidavit. It is contended that on the available medical literature and the study of individual patients regarding presence of causative agents present in pigeon droppings and antigens related to hypersensitivity pneumonitis and asthma, trigger as a health hazard," the bench noted, further adding, "These are certainly matters of serious concern for human health."The judges also took into account the submissions made by the Animal Welfare Board of India (AWBA), which stated that it would be giving out suggestions to the BMC as to what can be the approach in handling the situation qua the pigeons as a consequence of closure of the Kabutarkhanas. These suggestions would primarily focus on the issue that the birds do not get adversely affected. The judges, therefore, permitted the AWBA to furnish its suggestions to the Municipal Commissioner of the BMC, as also place the same on record of the HC so that when appropriate orders on the present proceedings are passed, the said suggestions can be considered. The bench also permitted an intervention filed on behalf of Advocate Anand Pai, the son of late Senior Advocate Ratnakar Pai. As per his intervention plea, his father Pai, who recently passed away after being diagnosed with medical condition of Interstitial Lung Disease, caused by pigeon droppings. Taking note of this, the judges, recorded, "As the intervener's case is of a direct experience of the health hazard being suffered by a Senior member of the Bar, we consider such intervention to be vital. We accordingly permit the intervention of Anand Ratnakar Pai."The bench has adjourned the hearing in the case till August 7 for a detailed hearing. Till then, the bench said that the ad-interim relief granted on July 15, against the further demolition of such Kabutarkhanas, will continue till the adjourned date. "We are informed that the Municipal employees are using fire crackers to disburse the pigeons. We direct that the fire crackers if are used, they shall not be used," the bench made it clear. Appearance:Advocates Harish Pandya, Malhar Zatakia, Rohit Agarwal, Rajesh Bhavsar and Dhruv Jain appeared for the Petitioner.Advocates Praful Shah and Yakshay Chheda instructed by SSB Legal & Advisory appeared for another Petitioner.Senior Advocate JP Cama along with Advocates Anand Pai and Sahil Sayyed appeared for Intervenors.Advocates Rupali Adhate, Rutuja Bodake, Pushpa Yadav and Komal Punjabi represented BMC.Assistant Government Pleader...

'Nothing More Vital Than Human Health': Bombay HC Notes Adverse Effects Of Pigeon Droppings; Stay On Demolition Of 'Kabutarkhanas' To Continue

Narsi Benwal

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