Supreme Court To Hear Plea Relating To Effects Of Radiation From Mobile Towers On September 5

The Supreme Court on Tuesday posted to September 5 a bunch of petitions relating to the effects of electromagnetic radiation generated by mobile phone towers.

A bench comprising Justices AS Bopanna and MM Sundresh was hearing appeals arising out of a Rajasthan High Court judgment which upheld a government notification prescribing a minimum distance of 500 meters for mobile towers from schools, playgrounds, hospitals etc.

Before the bench, Senior Advocate Dr.Abhishek Manu Singhvi submitted, "Life is about balance. In an ideal world, we can live without mobile, but here we can try to live with fewer mobiles. We cannot ban towers and stop tech advances". He added that the limits of exposure set by the Inter-Ministerial Committee sat were 10 times more stringent than WHO standards.

Advocate Prashant Bhushan, appearing for some respondents, argued that there are at least 50 scientific papers as well as reports of the parliamentary standing committee on harmful biological effects on towers. He added that the public in India is not adequately informed about the recommended limits and potential health hazards associated with excessive cell phone usage.

The Court listed the matter for further hearing on 5th September 2023. While adjourning the matter, Justice Bopanna said in a lighter vein that the lawyers who are opposing mobile towers should deposit their mobiles before arguing.

BACKGROUND OF THE CASE

The state government of Rajasthan considered the recommendations of the Inter-Ministerial Committee that the installation of mobile towers in schools, colleges, playgrounds and hospitals and on the place within 500 meters from the jail premises be prohibited and removed. Therefore, it framed the bye-laws in accordance with it on 31.8.2012. Writ petitions were filed by Cellular Operators of India before HC to quash it.

Moreover, there was a writ petition filed in the public interest by Justice I.S.Israni (Retd.) and Smt. Nirmala Singh prayed for the relief that the Central Government, as well as the State Government and their instrumentalities, be directed to formulate a regulatory body in relation to the emission of radio frequency and electromagnetic radiation emitted.

It also sought to stop respondents from increasing capacity and further, no license to operate towers in the residential areas should be granted to the respondents-companies at the risk of health and life of people.

No direct evidence linking radiation exposure from mobile towers to adverse health effects argued COAI, DoT

Department of Telecommunications (DoT) and the Cellular Operators Association of India (COAI) argued that radiation from mobile phones and base transceiver stations (BTSs) falls under the non-ionizing category, which is considered harmless as it cannot break molecular bonds. They cited various studies conducted by World Health Organization (WHO) and the International Commission on Non-Ionizing Radiation Protection (ICNIRP), which have found no direct evidence linking radiation exposure from mobile towers to adverse health effects.

They submitted that The DoT has adopted the ICNIRP guidelines for limiting electromagnetic field (EMF) emissions from mobile towers, and compliance with these norms is required for all mobile service providers. Penalties, including site shutdown, are imposed if the EMF radiation levels exceed the prescribed limits.

They informed the court that an inter-ministerial committee was established to examine the effects of EMF radiation from base stations and mobile phones. The committee concluded that there is no confirmed cause-and-effect relationship between radiofrequency radiation and health

Bye-Laws prohibiting mobile towers within 500m of schools, colleges, and hospitals valid considering health hazard from EMF radiations- Rajasthan HC

The High Court held that the model bye-laws cannot be said that they are arbitrary and whimsical, but rather based on the report of the Inter-Ministerial Committee, which was based on various research work and studies and the same has been accepted by the Government of India and the recommendations, reports, and guidelines of the Government of India, DoT, and MOEF were also taken into consideration.

The court noted that it appears that in case the number of mobile towers is increased, that may also be dangerous for health and also lower the frequency. Respondents can install towers at other safe places for which permission may be granted and carry on their business.

It held that “the provisions are regulatory measures considering the health hazard and other aspects of EMF radiations from mobile towers and such regulatory measures cannot in any manner be said to be arbitrary,”

The court held that “when the risk of health and human being is involved, the balance tilts in favor of saving health hazard; for growth of mobile communication, human life cannot be put at slightest risk. The services are for the use of humans, it cannot be detrimental to such a consumer. Hence, impugned by-laws/policy framed by the State Government cannot be quashed.

Aggrieved by the said order, the petitioners filed SLP before the Supreme Court.

Case title: Bharat Sanchar Nigam Ltd. v. Justice I.S. Israni (Retd) And Ors, SLP(C) No. 1349/2013