INDIA: Hooggerechtshof Rajasthan gebiedt verwijdering zendmasten scholen, ziekenhuisen, speelvelden.

zaterdag, 01 december 2012 - Categorie: Berichten Internationaal

Bron: The Economic Times 28 nov. 2012

Rajasthan HC orders relocation of mobile towers from schools, hospitals

Auteur: Abhinav Sharma,

In a judgment that could have nationwide impact, the Rajasthan high court on Tuesday ordered the relocation of mobile towers from educational institutions, hospitals and playgrounds in the state within two months, citing harmful electromagnetic radiation.

The court further ruled that the towers should be shifted at least 500m from jails and 100m from monuments

''We have received a large number of communications from the state and across the country that mobile tower radiations are harmful and even the inter-ministerial committee of the central government in its meeting in May this year has held so,'' a division bench of chief justice Arun Mishra and Justice N K Jain observed in its 200-page judgment.


Cell towers to be moved from hospitals, schools, playgrounds in Rajasthan Towers to be shifted 500m from jails & 100m from monuments Court cites central govt report saying radiation causes cancer, brain tumour, digestive disorder, tachycardia (heart rate exceeding the normal range) Says electromagnetic waves can ''cook human tissues just like a microwave oven'' on prolonged exposure

Experts laud HC ruling on cell towers

The Rajasthan high court on Tuesday ordered the relocation of mobile towers from educational institutions , hospitals and playgrounds in the state within two months, stating, ''Even the Supreme Court has held that the radiation is hazardous and supported our view while rejecting the appeal filed against our interim order for relocation of towers away from schools.''

The inter-ministerial committee had emphasized that electromagnetic radiation from cellphones and towers had both thermal and non-thermal effects. These waves, it said, ''cook human tissues just like a microwave oven if the body is exposed to this radiation for long'' . The bench directed the state government and mobile companies to follow norms and guidelines that the committee prescribed on May 31.

''( The court) held on the basis the committee's report that the radiation causes cancer , brain tumour, digestive disorder, tachycardia and other diseases and disorders in human body,'' said Prateek Kasliwal, who appeared for petitioner Justice (retired) I S Israni. He said the bench noted that a mobile phone should not be used for more than 20-25 minutes daily.

''But the consumers are not being made aware of this fact by the mobile manufacturing as well as service providing company,'' he said. ''The bench has also directed that the radiation emission level of mobile phones be made public as suggested by the department of technology.''

Experts described the court's judgment as landmark , saying it is likely to have an impact on the country's telecom sector. The court dismissed petitions filed by the Cellular Operators Association of India and Associate Union of Telecom Service Providers in India, challenging the 2G and 3G mobile tower/pole by-laws , 2012, framed by the state government in September.

Their lawyer Gopal Subramaniyam contended that the by-laws were ''unjust'' and amounted to restraining livelihood. He also argued that the state government was not competent to frame laws as telecommunication was not a state subject. The bench rejected the contentions and upheld the by-laws , saying they were regulatory measures and framed after a Centre's advisory based on the recommendations of the inter-ministerial committee.

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