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The Bombay High court after the observation has stated that “With the scientific material in existence there cannot be found any harm or identifiable risk on account of nonionized radiations emanating from the TCS and the equipment for telecommunication network”.
Justice BR Gavai and Justice NJ Jamadar were considering the challenging permissions which were granted by Municipal Corporation of Greater Mumbai for the erection of the Telecommunication cells site to the telecommunication companies and for installing other equipment necessary for the telecommunication network.
Petitioner contended that it was invoking the rights under Article 21 stating that the majority of the studies which stated the electromagnetic radiations which were emanating from the TCS show negative impact upon the humans and other living creatures.
The bench rejecting these submissions has observed that as of now there is no conclusive scientific evidence for proving the contention and stating network has deleterious effect on the human well being. The court stated that all the claims were unfounded and unsubstantiated which do not command any scientific weight. Based on the ambit of majority of studies stating that the electromagnets were showing impact on humans the court cannot consider the matter. The court has also observed that adequate regulations were being followed the telecom communications which does not cause any kind of unwarranted intrusion or impact on human life.
The Kerala, Gujarat and Madras High Courts also had observed that the electromagnetic radiations were unlikely to pose risk to health referring to which the present court have dismissed the petition and said “speaking through various High Courts judgments there is a consistent judicial opinion about the absence of any kind of scientific material or such data to make a warrant for prohibition of installation of Equipments for Telecommunication Network”.
However the bench added that “We are persuaded to take the opinion of prevalent body of science and since risk potential is enormous there is a need of being in strict enforcement of prevailing standards and continue such research to obviate any possible risk”.
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