In a landmark ruling, a metropolitan magistrate court in Bandra has delivered the first conviction for feeding pigeons in public since the Bombay High Court imposed a ban on the activity this July. The court found a 52-year-old businessman from Dadar guilty, stating that his act endangered public health and violated government directives.
The First Conviction Under the New Ban
On December 22, Additional Chief Judicial Magistrate V U Misal of the 9th court in Bandra convicted Dadar resident Nitin Sheth. The conviction was made under Sections 223(b) and 271 of the Bharatiya Nyaya Sanhita (BNS), 2023. These sections deal with disobeying a lawful order from a public servant and committing an act likely to spread the infection of a disease dangerous to life.
The magistrate imposed a total fine of ₹5,000—₹3,000 for the first count and ₹2,000 for the second. In his ruling, Magistrate Misal explicitly stated, "Your act has caused danger to human life, health or safety and violated the orders of the government." The court further noted that Sheth acted in a manner he knew was likely to spread infection.
Details of the Offence and Legal Proceedings
The case dates back to August 1, when the Mahim police registered a criminal case against Nitin Sheth. The police alleged that he was feeding pigeons near the kabutarkhana (pigeon shelter) on LJ Road, close to Hinduja Hospital. Authorities argued that this act endangered human life, health, and safety and was likely to contribute to the spread of diseases.
The police filed a chargesheet within a month. During the court proceedings, Sheth pleaded guilty to the charges. In an application to the court, he stated that his plea was voluntary and requested leniency. Accepting his plea, the court observed that considering the nature of the offence, a monetary penalty would be a sufficient punishment and accordingly imposed the fine.
Public Health Versus Tradition
This conviction highlights the ongoing conflict in Mumbai between public health mandates and traditional practices. The Bombay High Court's July order, which banned feeding pigeons in public places, was instituted due to identified public health risks associated with bird droppings and overcrowding.
The issue has created a significant divide. Public health advocates strongly support the ban, citing risks of disease transmission and hygiene problems. On the other side, bird lovers and certain communities view feeding birds as a religious or moral duty, leading to political and social friction over the enforcement of the ban.
This first conviction sets a clear legal precedent, signaling that the authorities are serious about enforcing the public health ban on pigeon feeding in India's financial capital.
