Professional Documents
Culture Documents
WITH
PAPER BOOK
exposure from tower radiation from the cell phone tower from
building of one Padam Gupta. The illegal cell phone tower was
people living adjacent to the towers than those living below it.
complaints effectively.
issue and wide spread fear with regard to ill effects of radiation
With each passing year the fear has grown with more and
more and more cases of cancer have being reported cross India
stand that the studies are inconclusive and the number of studies
effects.
inquiry has shown that more than 50% towers in India are
do not and have not taken their role seriously enough and
enforcement etc.
levels from 2008 norm from 4.5mhz to 0.45 mhz and reducing
the SAR value of hand set from 2 watt to 1.6 watt, (enforcement
on public domain.
against the public interest, keeping in mind that said system has
base stations, which will in turn also help in resolving the illegal
towers issue.
legal frame work /guidelines only this Honble Court has the
its tower from the locality where the Petitioners are residing for
LIST OF DATES
09.04.06 Shri Prakash Sharma passed away after a brief illness and
which the tower is being installed, and from the local body
histopathology.
one year.
operation.
Respondents.
advised.
TB.
IHC test it was declared that the gland was cancerous and
Ashok Bhawan
Gwalior, MP . Petitioners
VERSUS
1. Union of India
Through Secretary
Department of Telecommunications,
2. The Chairman,
New Delhi
TO
3. That the respondent No2 TRAI --with the entry of private sector
communication.
looked the adverse health effects from EMF/ radiation and were
levels of radiation.
11. So far the most reliable and independent report by sage associates
birds, bats, honey bees, etc. Some of the health effects reported are
effect on cell growth, cell differentiation, DNA damage, altered
Epidemiology of tumors in the head has held there is not reson not
microwaves from the mobile phones have been developed for the
childrens organism.
13. The WHO also considers the protection of the childrens health
brain has higher (b) conductivity, smaller size, thin skull bones,
(c) childrens organism has more sensitivity to the EMF, than the
adults;
EMF;
(e) EMF affects the formation of the process of the higher nervous
nearest future:
problems, increase in
they subject their brain to the EMF radiation and their health to
the risk. We believe that this risk is not much lower than the risk
inactivity.
15. That the present writ petition raises the following questions of
Public Importance
[Vishakha and Ors. vs. State of Rajasthan & Ors., 1997 (6)
SCC 241]
country.
petitioner?
16. Brief facts leading to filing of the instant Writ Petition are set
Annexure P/ 1 (Page
petitioner was operated upon and tissue slide was sent for
glands on the same place after gap of one year. Since the
(Page
viii. That after the Petitioner No1 was detected with cancer,
Annexure P/ 9(Page) .
India
Annexure P/ 10 (Page
to.)
Cell.
(Page..to.)
xv. Standing committee telecom tabled its report dated
even afford huge treatment cost and the same was borne
xvii. The Petitioners illness and treatment has left him weak
mind the above objective that DOT, does not place any limitation
abdomen, etc.
among those patients who had lived within 400 meters from
the inhabitants outside the area. Breast cancer topped the list,
mast.
ear would to high volume country music, plus rock and roll
account."
standards.
Defects; and the child died immediately after birth. All the
has installed another tower. Mrs. Bhat has left her flat now
improving.
(iii) TERM wing in Mumbai has been receiving complaints from
past five to six years. Five out of these six individuals had
died.
brother is afflicted with the same disease and fighting for his
(xx) The list is endless and millions of people who have been
view of the fact that this serious problem is pan India, there
of sale.
towers only.
(xxiv) For the first time guidelines provided for states and local
per cent towers Operational today are illegal as they have come
permission. Same is the story with other metro and NCR areas.
the city, A GDA official told TOI that the figure has been
eight zones of the city. "All these mobile phone towers have
towers on its website, for the citizens to view. The civic body
has uploaded the list of the illegal towers along with their
addresses. The list put up by the BMC shows that there are a
total 4,776 mobile towers in the city, of which 3,628 are illegal.
illegal tower also emanates from fact that the TREM cells
cells is not equipped with funds and man power to carry out
additional one lac towers. The guidelines provide for only 10%
that exist only ten percent i.e. 7.4 thousand are mandated to be
checked for compliance and even these ten percent are also not
being monitor.
xxvii. Careful reading of the DoT 2013 guide lines will reveal that
In fact the guide lines are more in the interest of the telecom-
xxviii. That the fact that a high powered committee after examining
duty .
xxx. The guide lines providing for self certification is also against
permissible limits.
monitoring .
xxxii. That the 2013 guide lines are completely silent on the
India have issued directions to the effect that the cell towers
and parks; distance between two towers should not be less than
density of radiation.
frame rules, which un-fortunately has not been done till now.
on birds and bees which are conclusive and have bees so all
hives with only the queens and eggs and resulting in the
phones not only confuses bees, but also may lead to their
(and the rest of the world) owning cell phones, the impact
flight.
exposed to EMR for 5-10 minutes. It was found that all the
studies done under the aegis of the WHO had proved that the
xxxvii. The Committee also noted that the main challenge involved in
with such long term research works being carried out within the
RF/EMR is harmful for the human body and has a very serious
and critical link to cancer causing factors, the studies reveal that
implemented in totality.
xxxix. That it is also important to mention here the studies which have
butterflies, rats and other such animal and plants and cannot be
total dependency.
animals. It will also not be out place to mention here that birds
human life loss of food production, the apple farmers in the hill
xli. That since the beginning of the wireless revolution, there has
make informed choices. It has been stated here in above that the
with the information of all the base station, their emission levels
xliv. That the Respondents failed to enact adequate and proper guide
xlv. That the petitioner has not filed any other writ petition under
or any other court for similar relief sought in the present Writ
Petition.
xlvi. That this Honble Court has the jurisdiction to entertain, try and
the adjoining house and not removing the same despite repeated
complaints.
radiation parameters.
petitioner.
petitioner.
in this behalf.
F. Because the illegal towers are grave threat to public at large due
committee.
I. Because the guidelines being in the nature of guide lines are not
frame well thought out and proper legal and regulatory mechanism.
large no towers, there are existing 7 lacs plus towers and close to 1
billion mobile users spread across length and breadth of India and
mechanism.
India.
areas, schools and hospitals the Dot continues to not to enact guide
PRAYER
For the facts and circumstances as aforestated, the Petitioner herein
pleased to:
AND/ OR
Delhi
AND FOR THIS ACT OF KINDNESS PETITIONERS AS IN DUTY
BOUND SHALL EVER PRAY.
Versus
TO
THE HONBLE THE CHIEF JUSTICE OF INIDA AND HIS
COMPANION JUDGES OF THE SUPREME COURT OF
INDIA
1. The petitioner had filed the above Writ Petition under Article 32
Petitioner.
afford huge treatment cost and the same was borne by his
this Honble Court for its kind indulgence to save and rescue
him.
Petitioner.
PRAYER
In the circumstances, it is most humbly prayed that this Honble Court
ii. Pass such other Orders as may be deemed fit in the facts and
INDEX
S. NO. PARTICULARS PAGE NO.
22. Vakalatnama