The Supreme Court on Friday dismissed an appeal challenging a Bombay High Court order that directed the Brihanmumbai Municipal Corporation to register cases against those feeding pigeons at kabutarkhanas in the city.
A bench of Justices J K Maheshwari and Vijay Bishnoi said “parallel indulgence” was improper and advised the petitioners to approach the High Court if they sought changes. The case had been brought forward by animal enthusiasts and others who opposed the ban, claiming it violated the Prevention of Cruelty to Animals Act.
High Court’s public health rationale
The Bombay High Court had upheld the BMC’s prohibition on feeding pigeons, citing the serious health risks linked to large congregations of the birds. Judges stressed that protecting human health outweighed other concerns. While the court barred the demolition of old heritage kabutarkhanas, it did not allow feeding at these spots.
On 7 August, the High Court clarified it had not ordered closures but had refused to halt the BMC’s move. It suggested a committee of experts could assess the future of these structures, adding that “human life is of paramount importance.”
What the petitioners’ allege?
Petitioners Pallavi Patil, Sneha Visaria and Savita Mahajan told the court that the BMC began demolishing feeding spots from 3 July without legal authority. They said this breached the Prevention of Cruelty to Animals Act and ignored long-standing community practices.
Protests and monk’s hunger strike threat
Opposition to the ban has grown, particularly among sections of the Jain community. On 6 August, protesters at the Dadar kabutarkhana removed a tarpaulin cover placed by the BMC to discourage feeding and clashed with police.
Speaking to reporters on Sunday, Jain monk Muni Nileshchandra Vijay said, “We will follow the path of satyagraha and hunger strike. The Jain community is peaceful, but if needed, we will take up arms for our religion. If any decision goes against our faith, we will not accept even the court’s order.”
He claimed more than 10 lakh Jains from across the country would join the agitation. “The ban targets Jain traditions. The move is politically motivated with elections in mind. From ants to elephants, no living being should die (from hunger), that is what our religion teaches. Why is Jainism being targeted? Show how many people die after consuming liquor and chicken,” he added.
Political response
Maharashtra Skill Development Minister Mangal Prabhat Lodha, who has supported preserving kabutarkhanas, distanced himself from the monk’s remarks. “I do not agree with his statement. I have spoken twice on this matter and I am fulfilling my role. I will not comment further,” he said.
The BMC has renewed efforts to enforce the ban at Dadar kabutarkhana, repairing bamboo cladding and covering the feeding area with silver plastic sheets. Officials confirmed that marshals and security personnel have been deployed to prevent gatherings and avoid law and order issues.
The civic body maintains that banning public feeding is essential to prevent health hazards linked to pigeon droppings and overcrowding. However, with multiple petitions still before the High Court and community protests intensifying, the dispute shows no sign of ending.
A bench of Justices J K Maheshwari and Vijay Bishnoi said “parallel indulgence” was improper and advised the petitioners to approach the High Court if they sought changes. The case had been brought forward by animal enthusiasts and others who opposed the ban, claiming it violated the Prevention of Cruelty to Animals Act.
High Court’s public health rationale
The Bombay High Court had upheld the BMC’s prohibition on feeding pigeons, citing the serious health risks linked to large congregations of the birds. Judges stressed that protecting human health outweighed other concerns. While the court barred the demolition of old heritage kabutarkhanas, it did not allow feeding at these spots.
On 7 August, the High Court clarified it had not ordered closures but had refused to halt the BMC’s move. It suggested a committee of experts could assess the future of these structures, adding that “human life is of paramount importance.”
What the petitioners’ allege?
Petitioners Pallavi Patil, Sneha Visaria and Savita Mahajan told the court that the BMC began demolishing feeding spots from 3 July without legal authority. They said this breached the Prevention of Cruelty to Animals Act and ignored long-standing community practices.
Protests and monk’s hunger strike threat
Opposition to the ban has grown, particularly among sections of the Jain community. On 6 August, protesters at the Dadar kabutarkhana removed a tarpaulin cover placed by the BMC to discourage feeding and clashed with police.
Speaking to reporters on Sunday, Jain monk Muni Nileshchandra Vijay said, “We will follow the path of satyagraha and hunger strike. The Jain community is peaceful, but if needed, we will take up arms for our religion. If any decision goes against our faith, we will not accept even the court’s order.”
He claimed more than 10 lakh Jains from across the country would join the agitation. “The ban targets Jain traditions. The move is politically motivated with elections in mind. From ants to elephants, no living being should die (from hunger), that is what our religion teaches. Why is Jainism being targeted? Show how many people die after consuming liquor and chicken,” he added.
Political response
Maharashtra Skill Development Minister Mangal Prabhat Lodha, who has supported preserving kabutarkhanas, distanced himself from the monk’s remarks. “I do not agree with his statement. I have spoken twice on this matter and I am fulfilling my role. I will not comment further,” he said.
The BMC has renewed efforts to enforce the ban at Dadar kabutarkhana, repairing bamboo cladding and covering the feeding area with silver plastic sheets. Officials confirmed that marshals and security personnel have been deployed to prevent gatherings and avoid law and order issues.
The civic body maintains that banning public feeding is essential to prevent health hazards linked to pigeon droppings and overcrowding. However, with multiple petitions still before the High Court and community protests intensifying, the dispute shows no sign of ending.
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