Himachal Pradesh High Court
Unknown vs State Of H.P. & Others on 30 November, 2015
Bench: Mansoor Ahmad Mir, Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8283 of 2012 along with CWP .
Nos. 5282, 9747 of 2014 and 3287 of 2015 Judgment Reserved on: 12.10.2015 Date of Decision: 30th November, 2015
1. CWP No. 8283 of 2012 of Vijay Verma ...Petitioner Versus State of H.P. & others rt ...Respondents For the petitioner: Mr.Dinesh Bhanot, Advocate.
For the Respondents: Mr.Shrawan Dogra, Advocate General with Mr.M.A. Khan, Mr.Anup Rattan and Mr.Romesh Verma, Additional Advocate Generals, for respondents No. 1, 3 and 4.
Mr.Vijay K. Verma, Advocate, for respondents No. 5 and 6.
Nemo for respondent No. 7.
2. CWP No. 5282 of 2014 Baldev & others. ...Petitioners
Versus
State of H.P. & others ...Respondents
For the Petitioners: Mr.Digvijay Singh, Advocate.
For the Respondents: Mr.Shrawan Dogra, Advocate
General with Mr.M.A. Khan, Mr.Anup
Rattan and Mr.Romesh Verma,
Additional Advocate Generals, for
respondent No. 1.
Mr.Rajesh Verma, Proxy counsel for
respondent No. 2.
Mr. B.C. Negi, Senior Advocate with
Mr.P.P. Singh, Advocate, for
respondent No. 3.
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2
3. CWP No. 9747 of 2014
Sadhu Ram and others ... Petitioners
.
Versus
State of H.P. & others ... Respondents
For the Petitioners: Mr. Amit Singh Chandel, Advocate.
For the Respondents: Shrawan Dogra, Advocate General with Mr.M.A. Khan, Mr.Anup Rattan of and Mr.Romesh Verma, Additional Advocate Generals, for respondents No. 1 to 3.
rt Mr.Ashok Sharma, Assistant Solicitor
General of India with Mr.Nipun
Sharma, Advocate, for respondents
No. 4 and 5.
Mr.Shivender Singh, Advocate, vice
Mr.Abhishek Barowalia, Advocate, for
respondent No. 6.
Mr.Vivek Sharma, Advocate, for
respondent No. 7.
4. CWP No. 3287 of 2015
Gopal Verma ...Petitioner
Versus
H.P. Pollution Control Board and others ...Respondents
For the Petitioner: Ms.Babita Sharma, Advocate.
For the Respondents: Mr.Ashok Sharma, Assistant Solicitor General of India with Mr.Nipun Sharma, Advocate, for respondent No. 2.
Mr.Nimish Gupta, Advocate, for
respondent No. 3.
Coram
The Hon'ble Mansoor Ahmad Mir, Chief Justice. The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?1 Yes.
Whether the reporters of the local papers may be allowed to see the Judgment? Yes.
::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 3Tarlok Singh Chauhan J, .
Since common questions of law and fact are involved in these petitions, they were all taken up together for disposal.
2. These petitions under Articles 226/227 of the of Constitution of India have been instituted for issuance of a writ rt in the nature of prohibition restraining the respondents from installing mobile towers adjoining to their houses or in the nearby vicinity on the ground that the radiation emitted there from would cause health hazard to the petitioners and to the other residents of the vicinity. Are the radio frequency radiations from mobile towers and phones in a range which is injurious to health or is it a myth which can be conveniently brushed aside? The issue raised in these petitions assumes greater significance in light of the fact that as per the monthly telephone subscribers report released by the Telecom Regulatory Authority of India (TRAI), the total mobile subscribers in August, 2015 were 988.69 million and by the end of 2015 this figure in all probabilities would cross 1 billion subscribers. The posed question would essentially have to be determined in light of the judicial precedents, as also the recent studies conducted on the subject.
::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 43. The earliest case on this subject was decided about nine years back by the Learned Division Bench of Kerala High .
Court in Reliance Infocom Ltd. Vs. Chemanchery Grama Panchyat AIR 2007 Ker 33. The Court noted that the Bombay High Court in WP No. 2112 of 2004 had directed the Ministry of of Health and Family Welfare, Government of India to conduct a scientific study on issue of health hazard to the persons residing rt near the Mobile Base Stations as it was stated to be exposing the human beings living within the magnetic field to fatal deceases like cancer, embryo disruption and changes in DNA structure. A committee was then constituted under the Chairmanship of Dr.N.K. Ganguly, DG ICMR, which gave its opinion and recommended that a precautionary approach should be adopted till further research data is available, as there was not enough evidence to show any direct health hazards of RF exposure from Mobile Base Stations. In fact, on analysis, it was found that the radiation from the Mobile Base Stations is less as compared to that of AM Radio and FM Radio.
It was also found that radio frequency waves used for mobile phones are not covered under the definition of "radiation" as given in the Atomic Energy Act, 1962.
4. The Kerala High Court also relied upon the report submitted by the Radiation Protection Division of the U.K. ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 5 Health Protection Agency in the year 2000, in which it was reported that the balance of evidence indicates that there is .
no general risk to the health of people living near the base stations on the basis that exposures are expected to be small fractions of guidelines. It was further held that the Mobile Base of Stations are essential for transmitting the receiving signals installed and maintained by all telecom service providers and rt there was no technology available to operate mobile phones without these towers.
5. Similar issue again came up before the Kerala High Court in Essar Telecom Vs. State of Kerala and others, 2011 (2) Ker.L.J. 335 wherein the Court in its judgment referred to various studies and reports and thereafter concluded that the electromagnetic radiation emitted by the mobile phones should safely be treated as non-ionizing and do cause thermal effect, which is far too insignificant to constitute a perceptible health hazard provided the radiation is confined to internationally prescribed standards.
6. In Ujagar Singh Vs. State and others, AIR 2011 J&K 49, a learned Single Judge of J & K. High Court concurred with the view taken by the learned Division Bench of the Kerala High ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 6 Court in Reliance Infocom Ltd. (supra) and it was observed:-
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"7. The grievance of the petitioners is that by installation of the Tower, their lives would be impaired. However, this plea is not supported by any expert opinion to say that installation of Cellular Tower would be hazardous.
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8. A similar issue came up for consideration before a Division Bench of Kerala High Court in Reliance Infocom Ltd. V. Chemanchery Grama Panchayat, reported as AIR 2007 Kerala 33, where it was rt held as under:-
"We have already found that RF exposures from Mobile Base Stations are much less than from radio, FM radio and television transmissions and that the consensus of scientific community is that the radiation from Mobile Phone Base Stations is far too low to produce health hazards if people are kept away from direct access to the antenna and the overall evidence indicates that they are unlikely to pose a risk to health......."
7. However, when a similar issue came up before the Rajasthan High Court in Justice I.S Israni (Retd.) and another Vs. Union of India, 2013 (2) WLC, Rajasthan, 603, it did not subscribe to the view taken by the Kerala High Court in cases cited above. It rather chose to rely upon the report of the Inter-
Ministerial Committee and then concluded that the radiations emitted by the mobile towers were harmful and this was followed by directions to remove all the towers from Hospitals and Colleges. The relevant observations read thus:-
"[87] The learned counsel appearing on behalf of the Pollution Control Board has submitted that the Board is concerned with the ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 7 pollution being caused by the generator sets only and they are ensuring that pollution is kept at a particular level.
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Report of Inter-Ministerial Committee/DoT/MOEF/Research work.
Before adverting to the rival submissions of the parties, we deem it appropriate to take notice of the report of the Inter Ministerial Committee on EMF radiation; it was consisted of (i) Advisor (Technology), (ii) Sr.DDG(BW), DoT, (iii) Scientist ICMR, Ministry of Health, (iv) Advisor, Department of BioTechnology, (v)Scientist 'E' of MOEF, (vi)DDG (R) TEC, DoT, (vii) Jt.Wireless Advisor, WPC, DoT and (viii) DDG(CS), DoT; it was multi-facet body and majority of incumbents are from the Department of Tele- rt communication.
[88] The terms of the references of the Committee were (i) effect of RF radiation emitted by cell phone towers and mobile hand-sets on human health at levels below the existing standards; (ii) proliferation of electromagnetic field on environment; (iii) examination of the scientific evidence and research on the effect of electromagnetic radiation exposure from cell phone tower and from mobile handsets conducted by Medical Council or other bodies in India and abroad; (iv) adoption of reference levels for power density from base stations in mobile frequencies of IMT bands for limiting electromagnetic field exposure in telecom sector in India; (v) adoption of safety limits for exposure to radio frequency energy produced by mobile hand-sets i.e. Specific Absorption Rate (SAR) levels of exposure from a mobile hand set and disclosure of information for the handset.
[89] The proceedings conducted indicate that various research works were taken into consideration and various meetings were held; representatives of Telecom Equipment Manufacturers Association (TEMA), Cellular Operators Association of India (COAI), Telecom Users Group of India (TUGI), Consumer Care Society (CCS), Bangalore and Prof.Girish Kumar, IIT Bombay have also presented their views; the Ministry of Environment and Forests (Wild Life Division) has also constituted a committee to assess the level of possible impacts of growth of mobile towers in urban, sub-urban and even rural/forest area on the population of birds and bees ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 8 and to suggest appropriate mitigative measures on 30.8.2010 and the scientists assisting in the said committee also attended the meeting of Inter Ministerial Committee on 25.11.2010.
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[90] The Inter-Ministerial Committee has taken into consideration that in India, "there is no restriction on the location of towers"
leading to a situation of jumble of towers/antennas all throughout; there is "mushroom growth" of mobile tower infrastructure seen which is contrary to the practice in developed countries; the of Committee has also taken note of the fact that quite a number of law suits and writ petitions have been filed by individuals/groups alleging health effect of radiation; there is a need to evolve rt alternative means to deploy mobile telecom network based on best International practices and for a National Policy and guidelines on EMF radiation for telecom towers; the Committee has also considered the effect on human health and growing public concern of possible adverse health effect due to EMF radiation, which is emitted continuously and more powerful close to BTS. Para 2.4 of the report of the Inter-Ministerial Committee is quoted below:-
"2.4 There have been growing public concern of possible adverse health effects due to EMF Radiation. The area of concern is the radiation emitted by the fixed infrastructure used in mobile telephony such as base stations and their antennas, which provide the link to and from mobile phones. This is because, in contrast to mobile handsets, it is emitted continuously and is more powerful at close quarters. The field intensities drop rapidly with distance away from the base of the antenna because of the attenuation of power with the square of distance. Following the enormous increase in the use of wireless telephony, mobile phone radiation and health concerns are being raised from time to time.
Para 2.5 of the report of the Inter Ministerial Committee mentions that the effect of EMF radiation can be studied in two ways; bio effects and health effects; health effects are the changes which may be short term or long term; these effects stress the system and may be harmful to human health. Thereafter, thermal effects have been considered and it was observed that one effect of microwave radiation is dielectric in which any dielectric material is heated by rotation of polar molecules induced by the electromagnetic field; thermal effect has been largely referred to the heat that is generated due to absorption of EMF radiation. Non- thermal effects have also been considered in para 2.5; people who are chronically exposed to low level wireless antenna emissions and users of mobile handsets have ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 9 reported several unspecific symptoms during and after its use ranging from burning and tingling sensation in the skin of the head, fatigue, sleep disturbance, dizziness, lack of concentration, ringing in the ears, reaction time, loss of .
memory, headache, disturbance in digestive system and heart palpitation etc. Para 2.5 containing the aforesaid facts is quoted below:-
"2.5 The effects of EMF radiation can be studied in two ways i.e. bio effects and health effects:-
(i) Bio effects are measurable responses to a stimulus or to a change in the atmosphere and are not necessarily harmful of to our health.
(ii) Health effects are the changes which may be short term or long term. These effects stress the system and may be harmful to human health. There are two distinct possibilities rt by which the Radio Frequency Radiation (RFR) exposure may cause biological effects. There are thermal effects caused by holding mobile phones close to the body, Secondly, there could be possible non-thermal effects from both phones and base stations.
a) Thermal Effects One effect of microwave radiation is dielectric heating, in which any dielectric material, (such as living tissue) is heated by rotation of polar molecules induced by the electromagnetic field. The thermal effect has been largely referred to the heat that is generated due to absorption of EMF radiation. In the case of a person using a cell phone, most of the heating effect occurs at the surface of the head, causing its temperature to increase by a fraction of a degree. The brain blood circulation is capable of disposing the excess heat by increasing the local blood flow.
However, the cornea of the eye does not have this temperature regulation mechanism. The Thermal effect leads to increase in body temperature.
b) Non-Thermal Effects.
The communication protocols used by mobile phone often result low frequency pulsing of the career signal. The non- thermal effect is reinterpreted as the normal cellular response to an increase in temperature. The Non-thermal effects are attributed to the induced electromagnetic effects inside the biological cells of the body which is possibly more harmful. People who are chronically exposed to low level wireless antenna emissions and users of mobile handsets have reported feeling several unspecific symptoms during and after its use, ranging from burning and tingling sensation in the skin of the head, fatigue, sleep disturbance, dizziness, lack of concentration, ringing in the ears, reaction time, loss of memory, headache, disturbance in digestive system and heart palpitation etc. There are reports indicating adverse health effects of cell phones which emit electro-magnetic radiation, with a maximum ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 10 value of 50% of their energy being deposited when held close to the head."
[100] With respect to mobile base stations, recommendations .
have been made by the Inter-Ministerial Committee that RF exposure limits in India be lowered to 1/10th of the existing level. In recommendation no.13, it has been stated that restrictions on installation of mobile towers near high density residential areas, schools, playgrounds and hospitals be imposed. Recommendations no.9 and 13 of the Inter-Ministerial Committee of are quoted below:-
"9. The RF exposure limits in India may be lowered to 1/10th rt of the existing level keeping in view the data submitted by COAI/AUSPI during presentation made to the committee and trend adopted by other developed countries.
13. Impose restrictions on installation of mobile towers near high density residential areas, schools, playgrounds and hospitals."
8. At this stage, it would be pertinent to note here that the aforesaid judgment of Rajasthan High Court is not only subjudice, but even the substantive direction ordering removal of towers have been stayed by the Hon'ble Supreme Court.
9. In so far as the recommendations of the Inter-
Ministerial Committee are concerned, which in fact formed the basis of the judgment of the Rajasthan High Court, the same have now been adopted as stricter norms for emission from the base stations being 1/10th of the limit prescribed by the ICNIRP and this fact has been duly noticed by the Gujarat High Court in Muktipark Co. Operative Society-Part-IV Vs. Ahmedabad Municipal Corporation, Special Civil Application No. 5548 of 2014, decided on 5.98.2014. The Court after ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 11 concurring with the judgment of Kerala High Court in Reliance Infocom Ltd. (supra) held that there was impression in mind of .
common man that Wi-Fi mobile towers erected all over the State has the potential to cause health hazard due to emission of radio active waves from the said towers. Even the of judgment rendered by the Rajasthan High Court in justice Israni's case supra was discussed in detail and it was rt concluded that there was no indication in any of the studies and reports which may establish any adverse impact of radio frequency waves from the cell phone towers on human health and this should be brought to the notice of the public at large through T.V., Radio etc. The relevant observations from the judgment read thus:-
"14. In April, 1998, the International Commission on Non- ionizing Radiation Protection (ICNIRP), after conducting the necessary studies, has prescribed the safe levels of EMF radiation from the base stations. This is evident from the ICNIRP guidelines produced on record by the respondent No.2 with it's affidavit-in-reply. The Table 5 thereof prescribes the basic restrictions for power density for frequencies between 10 and 300 GHz and the same are 50 W/m 2 for occupational exposure and 10 W/m2 for the general public. The Table 7 thereof contains the reference levels for general public exposure to time varying electric and magnetic fields (unperturbed rms values). As per this table, if the frequency range is 2 to 300 GHz, the equivalent place wave power density should be 10 W/m2.
15. In May 2006, the World Health Organisation issued a Fact Sheet, inter alia, making the following observations:-::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 12
"...recent surveys have shown that RF exposures from base stations range from 0.002% to 2% of the levels of international exposure guidelines, depending on a variety of factors such as proximity to the antennae and the .
surrounding environment. This is lower or comparable to RF exposures from radio or television broadcast transmitters."
"A common concern about base stations and local wireless network antennae rates to the possible long term health effects that whole-body exposure to RF signals may have. To date, the only health effect from RF fields identified in scientific reviews has been related to an increase in body temperature (> 1°C) from exposure at very high field of intensity fund only in certain industrial facilities, such as RF heaters. The levels of RF exposure from base stations and wireless networks are so low that the temperature increase are insignificant and do not affect human health."
rt "The strength of RF fields is greatest at its source and diminishes quickly with distance. Access near base station antennae is restricted where RF signals may exceed international exposure limits. Recent surveys have indicated that RF exposures from base stations and wireless technologies in publicly accessible areas (including schools and hospitals) are normally thousands of times below international standards."
"Over the past 15 years studies examining a potential relationship between RF transmitters and cancer have been published, these studies have not provided evidence that RF exposure from the transmitters increases the rsik of cancer"
"From all the evidence accumulated so far, no adverse short or long term health effects have been shown to occur from the RF signals produced by base stations"
"International exposure guidelines have been developed to provide protection against established effects from RF fields by the International Commission on Non-Ionizing Radiation Protection (ICNIRP, 1998) and the Institute of Electrical and Electronic Engineers (IEEE, 2005). National authorities should adopt international standards to protect their citizens against adverse levels of RF fields. They should restrict access to areas where exposure limits may be exceeded."
Considering the very low exposure levels and research results collected to date, there is no convincing scientific evidence that the weak RF signals from base stations and wireless networks cause adverse health effects."
16. In the year 2008, the Government of India adopted the restrictions and limits recommended by the aforementioned ICNIRP guidelines. The letter dated 4th November, 2008, issued by the DoT modifying the terms of the Licence Agreement in that regard has been produced by the Union of India, along with its ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 13 reply (Annexure R-3). By letter dated 8.4.2010, the DoT directed all the CMS/UAS Licensees to comply with the prescribed reference limits/levels and to issue self certification in that regard in respect of .
their BTS. It was also directed that the TERM Cells would test upto 10% of new BTS sites randomly at its discretion. Additionally, the BTS sites against which if any public complaints are lodged, then the same would also be tested by the TERM Cell and further if the site fails to meet with the EMR criterion, a penalty of Rs. 5 lac would be levied per BTS per service provider. Moreover, if the service of provider fails to meet with the criterion within one month of the report of the TERM Cell, the site would be shut down.
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17. Considering the public concerns over the issue, an Inter- Ministerial Committee was constituted in August 2010 to examine the effect of the EMF radiation from the BTS and mobile phones, which, after examining the matter, submitted its Report, inter alia, recommending that the RF exposure limits in India may be lowered to 1/10th of the existing level.
18. In a group of writ petitions filed in the Rajasthan High Court, inter alia, seeking directions to the various authorities to formulate a regulatory body in relation to emission of radio frequency and electromagnetic radiations from the mobile towers, seeking directions not to construct the mobile towers at certain places and seeking directions to quash the bye-laws made by the State Government of Rajasthan and the municipalities prohibiting erection of the mobile towers at certain places, the Rajasthan High Court delivered a judgment dated 27.11.2012 upholding the bye- laws/policy decision of the State Government of Rajasthan and, inter alia, directing that (i) the mobile towers from hospitals and colleges be removed within 2 months, (ii) that the time prescribed by the State Government for removal of the mobile towers from within vicinity of 500 mt. from jail premises be implemented,
(iii) that removal of the mobile towers near the ancient monuments be considered by the State Government and the local authorities,
(iv) that the mobile towers on playgrounds may also be looked into, guideline of the DoT in regard to the mobile handsets and the mobile towers be strictly enforced, ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 14
(v) that the public be educated and made aware of the different mobile handsets and ill-effects thereof, and of the towers, and precautions necessary as per the DoT guidelines, .
(vi) that the State Governments and the local authorities should take decision on case-wise basis with regard to the installation of towers in densely populated areas in accordance with law and removal of dangerous towers which were not established as per the norms and were erected without permission, (vii) that the of Government should consider whether it would be appropriate to change the constitution of the TERM Cells which are the regulatory bodies framed by it, the directions of the DoT and the Inter- rt Ministerial Report with respect to constant implemented and that while granting such permission for the monitoring be installation of towers, concerned bodies should consider the number of the mobile towers in the area, the effect on the health of the people and various other safeguards.
19. Based on such recommendations of the Inter-Ministerial Committee, the Government of India has now adopted stricter norms for emission from the base stations, being 1/10th of the limits prescribed by ICNIRP. Accordingly, the licence conditions of all the telecom service providers in India were again amended to this effect. The letter dated 26.6.2013 issued by the DoT refers to the amendment made to the Licence Agreements in this regard.
20. The DoT has thereafter issued guidelines effective from 1.8.2013, which, inter alia, reflect the adoption of 1/10th of the limits prescribed by ICNIRP. The comparative table given in the reply of the respondent no. 2 and also reproduced hereinbelow gives the norms prevalent in India as against those prescribed by the ICNIRP:
Frequency Power Density Limit Power Density Limit Power Power Density Limit Density Limit prescribed by (in Mega Hertz or prescribed by ICNIRP (in DoT (in Watt/meter 2 or (in MHz) Watt/meter or W/M Watt/meter 2 or W/m2) 900 4.5 0.45 1800 9 0.9 2100 and above 10.5 1
21. With a view to strengthen the monitoring and compliance of safety aspects/provisions in regard to radio frequency emissions from the mobile towers, the DoT has also issued Additional ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 15 Guidelines with effect from 1.8.2013, wherein the DoT has prescribed the following safe distances:
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No. of antenna(e) Building/structure safe distance from the antenna(e) at pointed in the same the same height (immaterial) direction 1 20 2 35 4 45 6 55
22. In the said additional guidelines, it is specified that the of antennae at the same height only are to be counted, as the beam width of the mobile antennae, in the vertical direction, is very narrow. It is also stated that the distance figures in the above rt table are based on empirical estimation considering that all the antennae are emitting at their maximum RF power of 20 Watts and in the same direction with the same height (a worst case scenario). In practise, the value of safe distance of buildings will depend upon the actual deployment scenarios and mostly, may be far less than depicted above.
23. Thereafter, several faculty members at the IITs and IISc in the area of communications, being concerned about the reports of adverse impact of radio frequency radiation from cellular towers on human health, examined the issue and prepared a Statement on the issue in September 2013 wherein they noted that the DoT had implemented the reduction of emission levels from the mobile towers in the country to 1/10th of the ICNIRP standards and that India thus became one of the 10% countries having the most stringent norms of the EM exposure. They concluded that the recommendations of the DoT were sensible and based on international best practises at this point of time and that they should be strictly implemented. They further recommended creation of a public database where all study reports on the health implication of the EM radiation should be placed and conduction of multiple scientific studies on the subject of health implications of the EM radiation, etc.
24. In its latest advisory on health risk associated with mobile phones and BTS, the World Health Organisation (WHO) has said:
"Studies to date provide no indication that environmental exposure to RF (radio-frequency) fields, such as from base ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 16 stations increases the risk of cancer or any other disease.......".
25. In a writ petition filed in the Allahabad High Court, a direction .
was given to the Government of India to constitute a committee of experts to submit a report so that the Government may take necessary precautions while granting permission for establishment of the mobile towers. Such Committee was formed vide letter dated 20.8.2013, and thereafter, it has submitted its report on 17.1.2014 stating that the DoT has already prescribed stricter of precautionary limits for the EMF radiation from the mobile towers and the mobile handsets. After considering the report of the Committee, the DoT has issued an Office Memorandum on rt 27.2.2014 stating that the presently prescribed limits for the EMF radiation from the base stations in India are one tenth of the internationally prescribed limits and that the same were adequate and need no further change at that stage. It is also decided that in order to make a deterrent effect, the penalty for violation of the prescribed stricter norms from the BTS towers by telecom service providers be increased from Rs. 5 lac to Rs. 10 lac per BTS per incidence per operator with effect from 20.11.2013. The TERM Cells are directed to carry out extensive audit of comprehensive self certificates and site for compliance of EMF radiation safe limits.
26. Recently, the Science and Engineering Research Board, Department of Science and Technology, Government of India has constituted a Committee of experts, inter alia, to initiate country wide special scientific studies in the area of engineering and life form risk assessment and to define efficiency and emission norms for communication, etc. The said Committee has received about 150 proposals which would be considered and evaluated.
27. What has really left us baffled is the fact that the radio frequency waves used for mobile phones are not covered under the definition of "radiation" as given in the Atomic Energy Act, 1962 and the non-ionizing radiations do not have the capability to ionize the matter with which they interact. The Radiation Protection Division (NRPB) of the U.K. Health Protection Agency in the year 2000 has reported that the balance of evidence indicates that there is no general risk to the health of the people living near the base stations on the basis that the exposures are expected to be ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 17 small fractions of guidelines. The scientific data would indicate that the use of the mobile phone, AM Radio, FM Radio etc. is more harmful to the human beings compared to the power emission .
from the Base Transceiver Stations and that of the Mobile Towers.
28. A Division Bench of the Kerala High Court in the case of Reliance Infocom Ltd. Vs. Chemanchery Grama Panchayat and ors., reported in AIR 2007 Kerala 33 has observed that the surveys conducted in proximity to the base stations indicated that the of public was exposed to extremely low intensity RF fields in the environment and all the evidences indicated that they were unlikely to pose the risk to health.
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29. We may quote some of the observations of the Division Bench of the Kerala High Court, as contained in paragraph 5 of the judgment, which has been relied upon by the respondent No.2.
5. We have already found that RF exposures from Mobile Base Stations are much less than from radio, FM radio and television transmissions and that the consensus of scientific community is that the radiation from Mobile Phone Base Stations is far too low to produce health hazards if people are kept away from direct access to the antenna and the overall evidence indicates that they are unlikely to pose a risk to health. The strength of radio frequency fields in front of the antennae varies with the distance. Persons standing directly in front of the antennae in these high density zones will get higher exposures. We have also found that the height of Mobile Base Station antennae is normally 36 metres and the effect of radio waves depends on the distance from the base stations since the antennae are directed horizontally with a 5 degree downwards tilt. Human studies pertaining to base stations conducted by Santini R et al (2002), Bortkiewicz et al (2004) and Hutter and kundi et at (2006) do not report any quantitative parameters related to health hazards. Therefore it can safely be concluded that the permission granted for installation of Mobile Base Station by the Panchayat would not cause as such any health hazards nor will it affect the fundamental rights guaranteed to citizens under Article 21 of the Constitution. Right to life enshrined under Article 21 includes all those aspects of life which make life meaningful, complex and worth living. Development of technology has its own ill-effects on human beings, but, at times people will have to put up with that at the cost of their advantages. Petitioner and others for installing towers will have necessarily to comply with the statutory provisions contained in Chapter XIX of the Kerala Municipal Building Rules, 1999 which permits construction of telecommunication towers over buildings. Petitioner has submitted that it has already satisfied all those conditions and in such circumstance Panchayat has granted the licence.
::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 1830. We are in respectful agreement with the aforenoted observations made by the Division Bench of the Kerala High Court, and propose to follow the same.
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31. Before parting with this matter, we deem it necessary to mention that the concerned authorities should, by way of communication through T.V., Radio etc. bring it to the notice of the people at large that there is no reason for them to fear the erection of the Base Transceiver Station, known as the Wi-Fi Mobile of Tower. The reason why we are saying so is that the impression in the mind of a common man is that the Wi-Fi Mobile Towers erected all over the State has the potential to cause health hazard due to the rt emission of radio active waves from the said tower."
10. A similar issue came up before the Division Bench of Jharkhand High Court in Ashish Kumar Singh Vs. The Union of India W.P. (PIL) No. 1229 of 2010, decided on 31.1.2014, therein the Government of Jharkhand had constituted an expert committee to study the impact of radiation emitted from the mobile towers on human, birds and animals and on the basis of report submitted by the Committee on 6.9.2013, the writ petition was ordered to be dismissed. The relevant observations of the Committee read thus:-
"The expert committee members examined the data supplied by the RMC. The date (for broadband measurement of power density in W/m2) obtained at all the locations except one, are found to be in compliance with the norms (<0.45 W/m2) specified by Department of Telecommunication (DoT), New Delhi."
11. Similar issue came up before the Madras High Court in K.R. Ramaswami @ Trafic Ramaswami Vs. Secretary, W.P. No. 24976/08 decided on 5.3.2015, wherein after concurring with ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 19 the view taken by the High Court of Kerala in Reliance Infocom Ltd. (supra), it was observed as under:-
.
"10. We are, thus, of the view that in a judicial proceeding these aspects cannot be analysed. There being no materials atleast as on date, which can finally suggest any health hazards from these towers and the solution thereof, the Court would not venture into of unchartered territory of technical expertise to determine the area where it should be installed. The Court, at best can place this matter before the appropriate Committee to look into this matter which the Kerala High Court already did and we have the benefit rt of the conclusion arrived at in those proceedings, as noticed above.
11. We are of the view that no further directions are required in these matters, other than to say that the concerned authorities would continue to analyze the materials as and when it emerges to look into the concern raised by the petitioners, especially, in view of the fact that there is no final view as yet on these aspects.
Science grows and evolves and one does not know what may happen tomorrow. It is, in this context, we have made these observations."
12. It is evident from the aforesaid precedents that there appears to be broad consensus amongst all the High Courts save and except Rajasthan High Court, suggesting that radiation being emitted from the Mobile Base Stations do not cause serious risk on the health of the people living near these base stations.
13. Having noticed the judicial precedents on the subject, we would now advert to the recent studies carried out in the field of radio electromagnetic fields (EMF). The ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 20 Department of Telecommunication (Ministry of Communication and Information Technology) has published on its website very .
instructive information regarding the health effect due to EMF and the relevant observations read as under:
"A. Introduction of
1. Telecommunications have been recognized the world-over as an important tool for socio-economic development of a nation. It has become core infrastructure required for rapid growth and rt modernisation of various sectors of the economy. There has been a phenomenal growth of the telecom sector in terms of subscribers and revenues over the past one and a half decades in India. Today, India is amongst top three of largest and one of the fastest growing telecom markets in the world. The Indian telecom industry has grown from a tele-density of 3.58% in March 2001 to 78.13% in February, 2015. This great leap in both the number of subscribers and revenues from telecom services has contributed significantly to the growth in GDP and employment.
2. The next information revolution will be brought through the use of mobile broadband/ internet. However the penetration of mobile internet is very low in country in comparison to other nations. Large investments and efforts from industry as well as Government are required to expand the mobile telephony related infrastructure, which include tower, with a view to expand the mobile telephony based services and take these to rural and remote areas. This needs to be done, so that the dream of broadband for all can be realised and benefit of this technology can be reaped by all sections of society. According to various reports increase in 10% penetration of mobile broadband leads to more than 1% increase in GDP of country.
3. Telecom towers are critical installations on which the backbone of mobile communication rests. These are essential for realizing the vision of inclusive growth. The success of initiatives like Digital India, Smart Cities and right to Broadband, which the Government intends to implement in mission mode, depends on this critical and ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 21 essential infrastructure. Mobile communications play important role in social and economic growth and disaster management for which mobile towers are a pre-requisite. A robust and scalable .
mobile infrastructure including towers is must for universal access to communication, effective delivery of services to citizens and financial inclusion. Realizing the significance of mobile towers, Government of India has included it in the harmonized list of infrastructure vide its Gazette notification dated 27-03-2012. Simplifying the sectoral policy for Right of way, for laying cable of network and installation of towers, has also been incorporated as one of the strategies for achieving the broad objectives of the National Telecom Policy, 2012.
rt B. Health effect due to Electro Magnetic Frequency (EMF) Radiations - International Research
4. There is a public concern over possible health effects from Electromagnetic Field Radiation (EMR) exposure from diverse EMR sources especially Mobile BTS antennae and mobile. In this regard, several studies have been conducted in different countries, under the aegis of World Health Organization (WHO). WHO has referred to approximately 25,000 articles published around the world over past 30 years, and based on an in-depth review of scientific literature, has concluded: "current evidence does not confirm the existence of any health consequences from exposure to low level electromagnetic field". Since the effects on human beings are to be studied over a long period of time, further studies are going on around the world.
5. With reference to Electromagnetic Radiation emanating from cellular mobile towers, World Health Organization (WHO) in its Fact Sheet No. 304, May 2006 on Electromagnetic Fields and Public Health (Base Stations and Wireless Technologies) has concluded that "considering the very low exposure levels and research results collected to date, there is no convincing scientific evidence that the weak Radio Frequency (RF) Signals from base stations and wireless networks caused adverse health effects. From all evidence accumulated so far, no adverse short or long term health effects have been shown to occur from the RF Signals produced by based stations."::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 22
6. In September 2013, WHO in online question and answers, have mentioned that "Studies to date provide no indication that environmental exposure to RF fields, such as from base stations, .
increases the risk of cancer or any other disease."
7. In respect of EMF radiations from mobile handsets, WHO in Fact Sheet 193 published in June 2011 has concluded that "A large number of studies have been performed over the last two decades to assess whether mobile phones pose a potential health of risk. To date, no adverse health effects have been established as being caused by mobile phone use".
C. International EMF Project rt
8. As part of its charter to protect public health and in response to public concern over health effects of EMF exposure, the World Health Organization (WHO) established the International EMF Project in 1996 to assess the scientific evidence of possible health effects of EMF in the frequency range from 0 to 300 GHz. The EMF Project encourages focused research to fill important gaps in knowledge and to facilitate the development of internationally acceptable standards limiting EMF exposure.
9. Since the commencement of the EMF Project, over 50 national authorities have been involved. Apart from the national authorities the project is overseen by 8 international organizations[1] and independent collaborating institutions[2] and together they review scientific information related to public and occupational health, and environmental management of the EMF issue. It is pertinent to note that many of these studies have been going on for years so as to understand the effect of EMF over the period of time and these studies are not specific to developed countries alone. While summarizing the key points on health effect of EMF radiation, WHO website mentions the following:
".....WHO's International EMF Project was launched to provide scientifically sound and objective answers to public concerns about possible hazards of low level electromagnetic fields.
Despite extensive research, to date there is no evidence to conclude that exposure to low level electromagnetic fields is harmful to human health..."
D. EMF Radiations - Recommended International safety standards ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 23
10. WHO recommended that 'National authorities should adopt international standards to protect their citizens against adverse levels of RF fields. They should restrict access to areas where .
exposure limits may be exceeded. 'WHO has recommended adoption of international standards, namely International Commission for Non Ionizing Radiation Protection (ICNIRP)/ Institute of Electrical and Electronics Engineers (IEEE). The main conclusion from the WHO reviews is that EMF exposures below the limits recommended in the ICNIRP international guidelines do not of appear to have any known consequence on health. The WHO says -
rt "All reviews conducted so far have indicated that exposures below the limits recommended in the International Commission for Non Ionizing Radiation Protection (ICNIRP) 1998 EMF guidelines, covering the full frequency range from 0-300 GHz, do not produce any known adverse health effect. However, there are gaps in knowledge still needing to be filled before better health risk assessments can be made."
ICNIRP continually monitors the science to ensure its guidelines on safe exposure limits remain up to date.
E. Steps taken by Department of Telecommunications
11. Department of Telecommunication (DoT), since 2008, has been monitoring global developments and has already taken necessary steps and adopted stricter norms for safety from EMF radiation that are emitted from mobile towers and mobile handsets. Government of India has been taking due precautions and necessary actions in respect of EMF radiation emitted from mobile towers and mobile handsets by issuing various guidelines and norms taking into account the international standards/norms prescribed by International Commission on Non Ionizing Radiation Protection (ICNIRP) as recommended by World Health Organisation.
12. EMF safe exposure Limits from mobile towers adopted in India
- As mentioned above, Government of India adopted the ICNIRP guidelines in the year 2008 for basic restriction and limiting reference levels of Electromagnetic radiation from Mobile towers and inserted the additional clause in the Access Service Licenses vide its amendment letter dated 4/11/2008. Based on the recommendations by Inter-Ministerial Committee (IMC), these ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 24 norms for exposure limit for the Radio Frequency Field (Base Station Emissions) have been further made stringent and reduced to 1/10th of the existing limits prescribed by International Commission .
on Non Ionizing Radiation Protection (ICNIRP). Directions in this regard have been issued to the Mobile Operators on 30.12.2011. These directions have been further revised on 10.01.2013 and 26.06.2013. As per latest directions of 26.06.2013 -
"Licensee shall conduct audit and provide self certificates after of every two years as per procedure prescribed by Telecommunication Engineering Centre (TEC) /or any other agency authorized by Licensor from time to time for confirming to limits/levels for antennae (Base Station Emissions) for general public exposure as prescribed by Licensor from time to time."
rt The present limits/levels for antennae (Base Station) EMF emissions for general public exposure are detail below -
Power Density Frequency E-Field Strength H-Field Strength (Watt/ Sq. Meter Range (Volt/Meter (V/m)) (Amp/Meter (A/m)) (W/Sq.m)) 400MHz to 0.434f ½ 0.0011f ½ f/2000 2000MHz 2GHz to 19.29 0.05 1 300GHz (f is frequency in MHz)
13. Keeping the precautionary EMF safe exposure limits for the Radio Frequency Field (Base Station Emissions) as 1/10th of the safe limits prescribed by ICNIRP for all areas in India, eliminates the need for fixing lower limits for specific areas like schools, hospitals, residential premises, children playgrounds; a segregation of which is impractical in densely populated localities.
F. Recent review of exposure limits by Committee constituted in compliance of direction by Hon'ble High Court Allahabad:
14. In a Writ Petition filed in Hon'ble High Court Allahabad, Lucknow bench, the Hon'ble Court vide its order dated 10.01.2012 constituted a committee including Members from Indian Institute of Technology (IITs) Kharagpur, Kanpur, Delhi, Roorkee, Bombay and from other scientific institutions of the country including Indian Council of Medical Research (ICMR) and All India Institute of Medical Science (AIIMS) Delhi who submitted its Report on 17-01- ::: Downloaded on - 15/04/2017 19:24:23 :::HCHP 25 2014. After due consideration of the human health concerns on account of EMF radiation being raised in public and the Report of the Committee, the Government has decided in February 2014 .
that the present prescribed precautionary EMF safe exposure limits are adequate and need no further change at this stage.
G. Ensuring compliance to various safe limits standards :
15. Safe limits for emission from Base Transmitting Stations (mobile of towers) - As detailed above, the norms for exposure limit for the Radio Frequency Field (Base Station Emissions) in India have already been made stringent and reduced to 1/10th of the existing limits prescribed by ICNIRP. In order to ensure that all Base rt Transceiver Stations (BTSs) should be compliant to prescribed EMF reference limits/ levels, DoT has issued instructions directing all Cellular Mobile Telephone Service (CMTS)/ Unified Access Services (UAS) licensees that all BTSs should be compliant to prescribed EMF reference limits/ levels and all BTSs should be self certified as meeting the radiation norm. Self certification is submitted to respective Telecom Enforcement Resource & Monitoring (TERM) Cells of DoT. All new BTS sites starts radiating commercially, only after self certificate has been submitted to relevant TERM Cells. In order to ensure compliance to the prescribed stricter precautionary norms of EMF radiation from mobile tower, the extensive audit of compliance of self-certificates being submitted by telecom service providers and Base Transceiver Station (BTS) sites is carried out by Telecom Enforcement Resource & Monitoring (TERM) field units of DoT. This is regularly done by TERM units for the purpose of limiting the EMF radiation exposure and keeping general public areas in the vicinity of towers safe. In case, any BTS site is found to violate the prescribed EMF norms, actions are taken to put a penalty of Rs. 10 lakh per BTS per incidence including closing of BTS site as per the prescribed procedure. Additionally, the BTS sites against which there are public complaints are also tested by TERM Cell. The testing is done as per procedures prescribed by Telecom Engineering Centre (TEC) from time to time. TEC has published the Test Procedure for measurement of EMF from BTSs vide document no. TEC/TP/EMF/001/01 SEP 2009.
::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 2616. Specific Absorption Rate (SAR) safe exposure Limits from mobile handsets adopted in India - With respect to radiation from Mobile Handsets also, ICNIRP has prescribed values for Specific .
Absorption Rate (SAR) limit as 2 Watt/Kg averaged over 10 gm tissue. Based on the limits provided by ICNIRP, DOT, in the year 2008, notified for compliance of Mobile Handsets being manufactured in India as well as the handsets being imported to conform to SAR limit of 2 W/kg (averaged over a mass of 10 gm tissue) localised for head and trunk in the frequency range of 10 of MHz to 10 GHz. Based on the recommendations by IMC, SAR level for Mobile Handset has been revised from 2 watt per Kg averaged over a mass of 10 gram human tissue to 1.6 Watt per Kg averaged rt over a mass of 1 gram human tissue. Directions in this regard including other recommendations related to Mobile Handset have been issued to Mobile Handset Manufacturers on 25.01.2012. These directions have now become effective since 01.09.2013. From 01.09.2013, the mobile handsets with revised SAR value of 1.6 Watt/Kg averaged over a mass of 1 gram human tissue are only permitted to be manufactured or imported in India for domestic market.
17. SAR value testing Lab - A laboratory has been set-up in the Telecommunication Engineering Centre (TEC) for testing of SAR value of mobile handsets imported/manufactured in India.
H. Public Awareness DoT has issued an informative guide on 'Mobile Communications- Radio Waves and Safety'. The document covers a basic introduction to radio waves, various terminologies, Do's & Don'ts related to mobile phone usage, clarification of various myths regarding deployment, use of Radio waves / Safety Standards and frequently asked questions relating to Mobile phones & Human health. Advertisement for ensuring safety from radiations of Mobile Towers & handsets has been issued by DoT which has been published in National & Regional Newspapers.
I. EMF Web portal
18. Telecommunication Engineering Center(TEC), a wing of DoT, is carrying out a pilot project on EMF web portal for implementation ::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 27 of online database for EMR of BTS towers. The pilot trial of web portal is being conducted in three circles Mumbai, Haryana, Karnataka and the city of Hyderabad. Based on the results of the .
pilot trial, decision will be taken to scale up the implementation throughout the country. The portal is envisaged to provide a public interface for viewing the EMF compliance status of mobile towers, anywhere in India. The portal is meant to generate confidence among the public about effectiveness of the EMF compliance process in India.
of J. Guidelines for Installation of Mobile Tower
19. Broad guidelines for issue of clearances for installation of rt Mobile Towers were forwarded to all the State Governments on 23.08.2012 The above guidelines have been further revised with effect from 01.08.2013 and are also available on DOT Website.
K. India Specific research in the field - Committee Constituted by Department of Science & Technology:
20. As far as India specific studies are concerned, Department of Science & Technology (DST), Government of India, is working on this issue for conducting study on possible impact of EMF Radiation exposure from mobile tower and handset on life (humans, living organism, flora & fauna and environment) and related initiatives.
Based on the recommendation of the Committee consisting of former Director General(ICMR), representative from IIT Chennai, Indian Institute of Toxicology Research, Lucknow, Department of Telecom, Ministry of Environment & Forest, ICMR and DST; Science and Engineering Research Board (SERB) has invited R&D proposals in June, 2013 on the possible impact of EMF radiation exposure from mobile towers and handsets on life (humans, living organism, flora & fauna and environment) and related initiatives from eligible Scientist/Organizations-public or private, individually or in collaboration. The SERB has constituted an Expert Committee/Task Force comprising of various experts from Medical & Engineering Institutes on 04 September 2013 to evaluate R&D proposals.
L. Conclusion:
::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 2821. EMF radiations from a mobile tower, which are below the safe limits prescribed by ICNIRP and recommended by WHO, have no convincing scientific evidence of causing adverse health effects.
.
Department of Telecommunications have prescribed stricter precautionary norms for exposure limit for the Radio Frequency Field (Base Station Emissions) which is 1/10th of the existing limits prescribed by ICNIRP and recommended by WHO. Further, Government of India has taken adequate steps to ensure that Telecommunications Service Providers strictly adhere to these of prescribed norms."
14. It would be evident from the aforesaid information rt that the High Court of Allahabad (Lucknow Bench) had vide order dated 10.1.2012 constituted a Committee including members from Indian Institute of Technology (IITs) Kharagpur, Kanpur, Delhi, Roorkee, Bombay and from other scientific institutions of the country including Indian Council of Medical Research (ICMR) and All India Institute of Medical Sciences (AIIMS) Delhi, who submitted their report on 17.1.2014. After due consideration of the human health concerns on account of EMF radiation being raised in public and the report of the Committee, the Government of India in February 2014 has decided that the present prescribed precautionary EMF safe exposure limits are adequate and need no further change at this stage.
15. Estimated EMF radiation emitted by a mobile handset is thousand times higher than that of a base station and even then no adverse health effect has been established ::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 29 to have been caused by the EMF in the use of mobile phones in the studies conducted by the WHO and published in Fact .
sheet N°193 reviewed October, 2014, the relevant observations whereof read thus:-
"Key facts of Mobile phone use is ubiquitous with an estimated 6.9 billion subscriptions globally.
The electromagnetic fields produced by mobile phones are rt classified by the International Agency for Research on Cancer as possibly carcinogenic to humans.
Studies are ongoing to more fully assess potential long-term effects of mobile phone use.
WHO will conduct a formal risk assessment of all studied health outcomes from radiofrequency fields exposure by 2016.
Mobile or cellular phones are now an integral part of modern telecommunications. In many countries, over half the population use mobile phones and the market is growing rapidly. In 2014, there is an estimated 6.9 billion subscriptions globally. In some parts of the world, mobile phones are the most reliable or the only phones available. Given the large number of mobile phone users, it is important to investigate, understand and monitor any potential public health impact. Mobile phones communicate by transmitting radio waves through a network of fixed antennas called base stations. Radiofrequency waves are electromagnetic fields, and unlike ionizing radiation such as X-rays or gamma rays, can neither break chemical bonds nor cause ionization in the human body.
Exposure levels Mobile phones are low-powered radiofrequency transmitters, operating at frequencies between 450 and 2700 MHz with peak powers in the range of 0.1 to 2 watts. The handset only transmits power when it is turned on. The power (and hence the radiofrequency exposure to a user) falls off rapidly with increasing distance from the handset. A person using a mobile phone 30-40 ::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 30 cm away from their body - for example when text messaging, accessing the Internet, or using a "hands free" device - will therefore have a much lower exposure to radiofrequency fields .
than someone holding the handset against their head.
In addition to using "hands-free" devices, which keep mobile phones away from the head and body during phone calls, exposure is also reduced by limiting the number and length of calls. Using the phone in areas of good reception also decreases of exposure as it allows the phone to transmit at reduced power. The use of commercial devices for reducing radiofrequency field exposure has not been shown to be effective.
rt Mobile phones are often prohibited in hospitals and on airplanes, as the radiofrequency signals may interfere with certain electro- medical devices and navigation systems.
Are there any health effects?
A large number of studies have been performed over the last two decades to assess whether mobile phones pose a potential health risk. To date, no adverse health effects have been established as being caused by mobile phone use.
Short-term effects Tissue heating is the principal mechanism of interaction between radiofrequency energy and the human body. At the frequencies used by mobile phones, most of the energy is absorbed by the skin and other superficial tissues, resulting in negligible temperature rise in the brain or any other organs of the body.
A number of studies have investigated the effects of radiofrequency fields on brain electrical activity, cognitive function, sleep, heart rate and blood pressure in volunteers. To date, research does not suggest any consistent evidence of adverse health effects from exposure to radiofrequency fields at levels below those that cause tissue heating. Further, research has not been able to provide support for a causal relationship between exposure to electromagnetic fields and self-reported symptoms, or "electromagnetic hypersensitivity".::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 31
Long-term effects Epidemiological research examining potential long-term risks from .
radiofrequency exposure has mostly looked for an association between brain tumours and mobile phone use. However, because many cancers are not detectable until many years after the interactions that led to the tumour, and since mobile phones were not widely used until the early 1990s, epidemiological studies at present can only assess those cancers that become evident within of shorter time periods. However, results of animal studies consistently show no increased cancer risk for long-term exposure to radiofrequency fields.
rt Several large multinational epidemiological studies have been completed or are ongoing, including case-control studies and prospective cohort studies examining a number of health endpoints in adults. The largest retrospective case-control study to date on adults, Interphone, coordinated by the International Agency for Research on Cancer (IARC), was designed to determine whether there are links between use of mobile phones and head and neck cancers in adults.
The international pooled analysis of data gathered from 13 participating countries found no increased risk of glioma or meningioma with mobile phone use of more than 10 years. There are some indications of an increased risk of glioma for those who reported the highest 10% of cumulative hours of cell phone use, although there was no consistent trend of increasing risk with greater duration of use. The researchers concluded that biases and errors limit the strength of these conclusions and prevent a causal interpretation.
Based largely on these data, IARC has classified radiofrequency electromagnetic fields as possibly carcinogenic to humans (Group 2B), a category used when a causal association is considered credible, but when chance, bias or confounding cannot be ruled out with reasonable confidence.
While an increased risk of brain tumors is not established, the increasing use of mobile phones and the lack of data for mobile phone use over time periods longer than 15 years warrant further ::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 32 research of mobile phone use and brain cancer risk. In particular, with the recent popularity of mobile phone use among younger people, and therefore a potentially longer lifetime of exposure, .
WHO has promoted further research on this group. Several studies investigating potential health effects in children and adolescents are underway.
Exposure limit guidelines of Radiofrequency exposure limits for mobile phone users are given in terms of Specific Absorption Rate (SAR) - the rate of radiofrequency energy absorption per unit mass of the body.
rt Currently, two international bodies 1, 2 have developed exposure guidelines for workers and for the general public, except patients undergoing medical diagnosis or treatment. These guidelines are based on a detailed assessment of the available scientific evidence.
WHO'S response In response to public and governmental concern, WHO established the International Electromagnetic Fields (EMF) Project in 1996 to assess the scientific evidence of possible adverse health effects from electromagnetic fields. WHO will conduct a formal risk assessment of all studied health outcomes from radiofrequency fields exposure by 2016. In addition, and as noted above, the International Agency for Research on Cancer (IARC), a WHO specialized agency, has reviewed the carcinogenic potential of radiofrequency fields, as from mobile phones in May 2011.
WHO also identifies and promotes research priorities for radiofrequency fields and health to fill gaps in knowledge through its research agendas.
WHO develops public information materials and promotes dialogue among scientists, governments, industry and the public to raise the level of understanding about potential adverse health risks of mobile phones."
16. The Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) in its 9th plenary meeting on ::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 33 27th January, 2015 to update its opinion of 19th January, 2009 'Health effects of exposure to EMF' and 6th July, 2009' Research .
needs and methodology to address the remaining knowledge gaps on the potential health effects of EMF' in the light of newly available information since then, and to give special of consideration to areas where important knowledge gaps were identified in the previous opinion, summarized its opinion as follows:-
rt "Exposure Human exposure to electromagnetic fields (EMF) comes from many different sources and occurs in various situations in everyday life. Man-made static fields are mainly found in occupational settings, such as close to MRI scanners, although DC high-voltage overhead transmission lines are being constructed, which are expected to expose larger parts of the population to static electric and magnetic fields.
EMF in the extremely low frequency (ELF) range are ubiquitous. The main sources of these fields pertaining to the general public are in- house installations, household appliances and power lines. In recent years, attention has also been directed towards people living next to electric power transformers installed inside residential buildings. It appears that long-term exposure to ELF magnetic field of these people can extent to several tenths of μT. Today, for power regulation most modern electrical equipment uses electronics instead of transformers. Examples include the switched power supplies to laptops, drilling tools, chargers of mobile phones and similar devices. As a consequence, the frequency content of the daily magnetic field exposure has changed mainly by adding odd harmonics. In particular, the third harmonic (150 Hz) has become another dominating frequency in our environment.
In the household, more appliances have appeared in the intermediate frequencies (IF) range. An important source of ::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 34 exposure in this frequency range is induction hobs, which have become popular in recent years. These can expose their users (both members of the general public and professionals) to IF .
magnetic fields higher than the reference levels of exposure guidelines.
In the radio frequency (RF range), by far the most applications which emit EMF are in the frequency range above 100 kHz up to some GHz. Multiple sources exist that contribute to an individual's exposure. However, transmitters in close vicinity to or on the body of have become the main sources of exposure for the general population and professionals. Distance to the source is the main determinant of exposure, together with emitted power and duty rt factor.
In particular for brain tissues, the mobile phone used at the ear remains the main source of exposure. However, since the first generation of mobile telephony, the technology aimed at reducing the emitted power of mobile handsets. Digital Enhanced Cordless Telecommunications (DECT) phones are an other source of everyday exposure.
Smart-phones, which operate within networks of different technologies, as well as other portable wireless devices, like tablets and laptop computers, increased the complexity of the user's exposure and changed the exposed body region. Due to the different sources used next to the body, it is important to take into account multiple exposures for risk assessment, which may also require organ-specific dosimetry. This issue is also important for occupational exposure, since there may be situations, such as working in an MRI suite, where professionals are exposed simultaneously to EMF of multiple frequencies ranges, different temporal variations and field strengths.
The environmental exposure from sources is dominated by broadcasting antennas, antennas from private and governmental telecommunication services and mobile communications base stations. Historical data from spot measurement campaigns and continuous radiation monitoring systems indicate that the introduction of new mobile telecommunication technologies after the deployment of the GSM and UMTS systems did not substantially change the average levels of EMF in the environment. At the same time, other technologies, like digital broadcasting, have in some ::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 35 regions contributed to the reduction of EMF exposure from far field sources.
The number of sources has increased indoors. The installation of .
access points and short range base stations, such as 3G femtocells, WiFi hotspots and DECT devices, has given rise to exposure at very close distances (within 1 m), whereas farther away the emitted EMF does not exceed the common background levels. Consequently, the emitted EMF from these devices, even when combined, still results in a marginal exposure compared to of reference levels of European and international guidelines. In general, it appears that, with respect to telecommunication applications, the technological trend is to use low-power emitters, rt closer to or on the human body, and at higher frequencies. Millimetre wave and THz applications are expected to be available soon in various industrial environments, such as for imaging systems used for non-destructive quality control, as well as for short-range broadband telecommunications. Currently, they do not significantly affect the average exposure of the general public. These applications will operate with low power and, due to the small penetration depth of the radiation, expose only superficial tissues.
Interaction mechanisms Several interaction mechanisms are well established. These enable extrapolation of scientific results to the entire frequency range and wide-band health risk assessment. They have been used to formulate guidelines limiting exposures to EMF in the entire frequency range from static fields to 300GHz. A number of studies proposed other candidate mechanisms. However, none that operates in humans at levels of exposure found in the everyday environment has been firmly identified and experimentally validated nor do they enable concluding on potential health risks at other exposure conditions both with regard to amplitude and/or frequency.
Health effects from THz fields The number of studies investigating potential biological, non- thermal effects of THz fields is small, but has been increasing over recent years due to the availability of adequate sources and detectors.::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 36
In vivo studies indicate mainly beneficial effects on disorders of intravascular components of microcirculation in rats under immobilization stress, but do not address acute and chronic toxicity .
or carcinogenesis. In vitro studies on mammalian cells differ greatly with respect to irradiation conditions and endpoints under investigation. There are studies suggesting health effects of exposure, but these have not been replicated. Some theoretical mechanisms have been proposed, but there is no experimental evidence for them. Considering the expected increase in use of of THz technologies, more research focusing on the effects on skin (long-term, low-level exposure) and cornea (high-intensity, short- term exposure) is recommended.
rt Health effects from Radiofrequency (RF) EMF Overall, the epidemiological studies on mobile phone RF EMF exposure do not show an increased risk of brain tumours. Furthermore, they do not indicate an increased risk for other cancers of the head and neck region. Some studies raised questions regarding an increased risk of glioma and acoustic neuroma in heavy users of mobile phones. The results of cohort and incidence time trend studies do not support an increased risk for glioma while the possibility of an association with acoustic neuroma remains open. Epidemiological studies do not indicate increased risk for other malignant diseases, including childhood cancer.
The earlier described evidence that mobile phone RF EMF exposure may affect brain activities as reflected by EEG studies during wake and sleep is further substantiated by the more recent studies. With regard to these findings, studies which aim at investigating the role of pulse modulation and which use more experimental signals, indicate that although effects on the sleep EEG are neither restricted to NREM sleep (one study also indicates effects in REM sleep) nor to the spindle frequency range. It seems that depending on the EMF signal, the theta and delta frequency range in NREM sleep can also be affected. Furthermore, half of the experimental studies looking at the macrostructure of sleep (especially those with a longer duration of exposure) also found effects, which, however, are not consistent with regard to the affected sleep parameters. Therefore, given the variety of applied fields, duration of exposure, number of considered leads, and ::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 37 statistical methods it is presently not possible to derive more firm conclusions.
For event-related potentials and slow brain oscillations, results are .
inconsistent. Furthermore, there is a lack of data for specific age groups. One study indicates that children and adolescents seem to be less affected. The previous evidence that RF exposure may affect brain activity as reported by EEG studies during both wake and sleep appears also in recent studies. However, the relevance of the small physiological changes remains unclear and of mechanistic explanation is still lacking. Overall, there is a lack of evidence that mobile phone RF EMF affects cognitive functions in humans. Studies looking at possible rt effects of RF fields on cognitive function have often included multiple outcome measures. While effects have been found in individual studies, these have typically been observed only in a small number of endpoints, with little consistency between studies. Symptoms that are attributed by some people to various RF EMF exposure can sometimes cause serious impairments to a person's quality of life. However, research conducted since the previous SCENIHR Opinion adds weight to the conclusion that RF EMF exposure is not causally linked to these symptoms. This applies to the general public, children and adolescents, and to people with idiopathic environmental intolerance attributed to electromagnetic fields (IEI-EMF). Recent meta-analyses of observational and provocation data support this conclusion.
For symptoms triggered by short-term exposure to RF fields (measured in minutes to hours), the consistent results from multiple double-blind experiments give a strong overall weight of evidence that such effects are not caused by RF exposure.
For symptoms associated with longer-term exposures (measured in days to months), the evidence from observational studies is broadly consistent and weighs against a causal effect. However, it has gaps, most notably in terms of the objective monitoring of exposure.
Human studies on neurological diseases and symptoms show no clear effect, but the evidence is limited.::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 38
The previous SCENIHR Opinion concluded that there were no adverse effects on reproduction and development from RF fields at non-thermal exposure levels. The inclusion of more recent .
human and animal data does not change this assessment. Human studies on child development and behavioural problems have conflicting results and methodological limitations. Therefore, the evidence of an effect is weak. Effects of exposure on foetuses from mother's mobile phone use during pregnancy are not plausible owing to extremely low foetal exposure.
of Studies on male fertility are of poor quality and provide little evidence."
17. rt It is evident from the perusal of the aforesaid reports that the exposures to electromagnetic fields (EMF) do not have any notable effect on the health of human beings. Evidently, the studies conducted till date by the two premier organizations i.e. WHO and SCENIHR go to indicate that despite a large number of studies having been carried out for the last two decades to assess the potential health risk on account of emission of EMF, no major adverse health effect has been noticed.
18. What in fact emerges is that radio frequency radiation from the mobile towers and phones are in minuscule range and is lakhs of time weaker than X-rays or UV rays or even normal visible light. In fact, so low that they simply cannot cause any disturbance of electrons in the basic atoms of matter or living tissue and hence classified as "non-ionising radiation".
::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 3919. Radiation in itself is nothing new and has been there since life began on earth three and a half billion years ago.
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Radiation is all around us and we are all actually submerged in naturally occurring ionizing radiation reaching us from the outer space, even from the radioactive elements and materials of around us. Sun shine in itself is a familiar form of radiation.
20. We in view of the overwhelming material are of the rt considered view that as of now there is no cause of alarm with regard to the possible ill-effect on human health by electromagnetic Field (EMF radiation) from mobile phone towers and mobile phones because the limits adopted in India cannot have any biological effect on human. In fact, the limits set by India are much lower than the internationally adopted recommendations of the International Commission of Non-Ionizing Radiation Protection (ICNIRP) which account for thermal and non thermal effect.
21. There is no conclusive evidence as on date which may have found any adverse health effect by EMF radiation from the mobile tower or mobile hand set by the WHO or SCENIHR and so long as EMP radiation power level in vicinity of Mobile Base Stations is below the prescribed limits, there should not be any cause or concern for adverse thermal effect on ::: Downloaded on - 15/04/2017 19:24:24 :::HCHP 40 human beings living close to Mobile Base Station or in the nearby vicinity.
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22. Now in teeth of the report submitted by the WHO and another report submitted by the SCENIHR, the individual opinions relied upon by the petitioners to claim that the EMF of radiations from the Mobile Base Stations are source of health hazard, for the time being, can conveniently be brushed aside rt as having no scientific backing whatsoever and therefore, any such reports relied upon by the petitioners shall have to give way to the opinion rendered by the WHO and SCENIHR.
However, it appears that some myths are being spread and circulated simply in order to create fear amongst the people, but then as aptly said by Nobel laureate Marie Curie that "Nothing in life is to be feared, it is only to be understood. Now is the time to understand more, so that we may fear less."
In view of the aforesaid discussion, we find no merit in these petitions and the same are accordingly dismissed, leaving the parties to bear their costs.
(Mansoor Ahmad Mir), Chief Justice.
(Tarlok Singh Chauhan),
30th November, 2015 Judge.
(KRS)
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