Judges : K.S.RADHAKRISHNAN,K.PADMANABHAN NAIR
Reliance Infocom Ltd - Appellant
Versus
The Chemanchery Grama Panchayat - Respondent
Case No : WP(C). Nos.18242 of 2006 (V) & 16724 of 2006 (N)
Decided On : 10/12/2006
Advocates Appeared :
For the Petitioner: V.G. Arun, Advocate. For the Respondents: R1 & R2, K.A. Salil Narayanan, R3 to R5, P.V. Kunhikrishnan, Advocates.
Constitution of India, 1950 - Article 21 - Question that is posed for consideration in this case is not with regard to ill effects of the use of mobile phones but whether installation of mobile base station and its functioning would cause any health hazards to the people who are residing nearby - Held, Considering the facts and circumstances of these cases Court is however inclined to give a general direction to TRAI to make periodical inspection to ascertain whether radiation emanated from the Mobile Base Stations would cause any health hazards to the people of the locality - Court is therefore inclined to allow WP and quash Exts.P5 and P6 orders and there will be a direction to respondents 1 to 3 to give adequate and effective protection to the petitioner to install the tower in case any obstruction is caused by respondents 4 to 6 and their supporters - Writ Petitioners Disposed of
Radhakrishnan, J.
Use of mobile phone is a common phenomena throughout the country and has made drastic changes in the people’s life style. Users range from a common man to a multimillionaire and this tiny instrument has revolutionized the medium of communication throughout the world. Constant use of mobile phone, it is reported, may have its own adverse ill effects on human health as well. Mobile phones produce radio-frequency. Magnetic energy moving through space is generally called radio frequency electro magnetic radiation (EMR). EMR is of course a part of everyday life. EMR is emitted by natural sources like the sun, the earth and the ionosphere and also by artificial sources such as electrical and electronics equipments, radar facilities, broadcast towers and mobile phone base stations etc. EMR absorbed in human body is measured in units called the specific absorption rate (SAR) which is usually expressed in units of watts per kilogram (W/kg.) or milliwatts per gram (mw/g). There are multiple sources of exposures to electromagnetic fields including radio, FM radio, Television and other household gadgets. Exposure standards for Radio Frequency Energy has been developed by various countries and organizations. Based on these scientific data, the National Council for Radiation Protection and Measurement of USA and the Australian Communication Authority urges a public exposure limit of 200 microwatts per square centimetre in the 30 to 300 MHz range. Direct use of mobile phones including radio, FM radio, Television and other household gadgets would have some illeffects on human beings. A workshop conducted by World Health Organization (WHO) in Prague in 2004 reached the following conclusions, viz., that (1) reported symptoms are very unspecific and could have other causes; (2) there is no casual association demonstrated between exposure and symptoms; (3) that patients who display those symptoms should be medically examined for alternative explanations and causes including psychiatric/psychological ones and other environmental factors; (4) lowering the safety limits for handset radiation (SAR levels) will not affect the situation. Study conducted would show that there is no scientific evidence for a causal relationship between the reported clusters of symptoms and exposure to microwave radiation used in cell phones, well below the safety standards.
2. Question that is posed for consideration in this case is not with regard to ill-effects of the use of mobile phones but whether installation of mobile base station and its functioning would cause any health hazards to the people who are residing nearby. Apprehension has also been voiced that radiation emanating from large telecommunication towers would expose human beings living within the magnetic field to fatal deceases like cancer, embryo disruption and changes in DNA structure. The above issue came up for consideration before a Division Bench of the Bombay High Court in WP.No.2112 of 2004. The Bench directed the Ministry of Health and Family Welfare, Government of India to conduct a scientific study on the issue. The Ministry of Health and Family Welfare on the direction of the Bombay High Court constituted a Committee under the chairmanship of Dr. N.K. Ganguly, DG ICMR to evaluate the following aspects.
1. Whether it is advisable to frame and/or adopt international guidelines pertaining to installation of Base Stations by mobile telephone service providers, so as to avoid any potential risk to health and safety to public at large.
2. Explore the possibility for studying the course of action and framing a research project.
The Committee after extensive discussions and deliberations expressed the following remarks.
*There are multiple source of exposures to electromagnetic fields including radio, FM radio, Television and other household gadgets. There is a need to acknowledge the confounding effects on these sources of RF.
* There are different types of Mobile Base Statio
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