Whether installation of mobile tower is health Hazard?

  We in view of the overwhelming material are of the
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.
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

human beings living close to Mobile Base Station or in the
nearby vicinity.
 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
radiations from the Mobile Base Stations are source of health
hazard, for the time being, can conveniently be brushed aside
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,
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

 Date of Decision: 30th November, 2015

Vijay Verma …Petitioner
 Versus
State of H.P. & others …Respondents

Coram
The Hon’ble Mansoor Ahmad Mir, Chief Justice.
The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.



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
Constitution of India have been instituted for issuance of a writ
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
4
3. 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
Health and Family Welfare, Government of India to conduct a
scientific study on issue of health hazard to the persons residing
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
Stations are essential for transmitting the receiving signals
installed and maintained by all telecom service providers and
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
6
Court in Reliance Infocom Ltd. (supra) and it was
observed:-
“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.
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
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 InterMinisterial
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
7
pollution being caused by the generator sets only and they are
ensuring that pollution is kept at a particular level.
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'
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 Telecommunication.
[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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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.
[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
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
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. Nonthermal
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
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
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 nonthermal
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
are quoted below:-
"9. The RF exposure limits in India may be lowered to 1/10th
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 InterMinisterial
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
judgment rendered by the Rajasthan High Court in justice
Israni’s case supra was discussed in detail and it was
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
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."
"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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
provider fails to meet with the criterion within one month of the
report of the TERM Cell, the site would be shut down.
17. Considering the public concerns over the issue, an InterMinisterial
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 byelaws/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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
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 InterMinisterial
Report with respect to constant monitoring be
implemented and that while granting such permission for the
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
(in Mega Hertz or
MHz)
Power Density Limit
Power Density Limit
prescribed by ICNIRP (in
Watt/meter or W/M
Power Density Limit Power
Density Limit prescribed by
DoT (in Watt/meter 2 or (in
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
15
Guidelines with effect from 1.8.2013, wherein the DoT has
prescribed the following safe distances:
No. of antenna(e)
pointed in the same
direction
Building/structure safe distance from the antenna(e) at
the same height (immaterial)
1 20
2 35
4 45
6 55
22. In the said additional guidelines, it is specified that the
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
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
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
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
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.
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
18
30. 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.
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
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
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
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
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
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
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
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.
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
risk. To date, no adverse health effects have been established as
being caused by mobile phone use”.
C. International EMF Project
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
appear to have any known consequence on health. The WHO
says –
"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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
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.”
The present limits/levels for antennae (Base Station) EMF emissions
for general public exposure are detail below –




(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-
Frequency
Range
E-Field Strength
(Volt/Meter (V/m))
H-Field Strength
(Amp/Meter (A/m))
Power Density
(Watt/ Sq. Meter
(W/Sq.m))
400MHz to
2000MHz 0.434f ½ 0.0011f ½ f/2000
2GHz to
300GHz 19.29 0.05 1
::: Downloaded on - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
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
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
26
16. 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
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
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 CommunicationsRadio
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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.
J. Guidelines for Installation of Mobile Tower
19. Broad guidelines for issue of clearances for installation of
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
28
21. 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
prescribed norms.”
14. It would be evident from the aforesaid information
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
 Mobile phone use is ubiquitous with an estimated 6.9 billion
subscriptions globally.
 The electromagnetic fields produced by mobile phones are
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 - 10/12/2015 10:04:30 :::HCHP High Court of H.P.
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
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.
Mobile phones are often prohibited in hospitals and on airplanes,
as the radiofrequency signals may interfere with certain electromedical
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 - 10/12/2015 10:04:31 :::HCHP High Court of H.P.
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
shorter time periods. However, results of animal studies consistently
show no increased cancer risk for long-term exposure to
radiofrequency fields.
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 - 10/12/2015 10:04:31 :::HCHP High Court of H.P.
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
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.
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 - 10/12/2015 10:04:31 :::HCHP High Court of H.P.
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
consideration to areas where important knowledge gaps were
identified in the previous opinion, summarized its opinion as
follows:-
“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 inhouse
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 - 10/12/2015 10:04:31 :::HCHP High Court of H.P.
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
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
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 - 10/12/2015 10:04:31 :::HCHP High Court of H.P.
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
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,
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, nonthermal
effects of THz fields is small, but has been increasing over
recent years due to the availability of adequate sources and
detectors.
::: Downloaded on - 10/12/2015 10:04:31 :::HCHP High Court of H.P.
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
THz technologies, more research focusing on the effects on skin
(long-term, low-level exposure) and cornea (high-intensity, shortterm
exposure) is recommended.
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 - 10/12/2015 10:04:31 :::HCHP High Court of H.P.
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
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
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 - 10/12/2015 10:04:31 :::HCHP High Court of H.P.
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.
Studies on male fertility are of poor quality and provide little
evidence.”
17. 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 - 10/12/2015 10:04:31 :::HCHP High Court of H.P.
39
19. Radiation in itself is nothing new and has been there
since life began on earth three and a half billion years ago.
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
around us. Sun shine in itself is a familiar form of radiation.
20. We in view of the overwhelming material are of the
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

human beings living close to Mobile Base Station or in the
nearby vicinity.
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
radiations from the Mobile Base Stations are source of health
hazard, for the time being, can conveniently be brushed aside
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)

Print Page