Excelsior Correspondent
JAMMU, Aug 3: A Division Bench of the High Court of Jammu & Kashmir and Ladakh comprising Chief Justice Arun Palli and Justice Rajnesh Oswal has disposed off a long-pending Public Interest Litigation (PIL) raising concerns about the harmful effects of electromagnetic radiation from mobile towers installed in residential areas.
The petitioner Navyug Sethi, a law student at the time of filing of the PIL and now a practicing advocate, had sought relocation of mobile towers from residential zones, citing health hazards including cancer, sleep disorders and damage to birds and unborn children due to radiation.
During the pendency of the case, the Jammu & Kashmir Government implemented the J&K Communication and Connectivity Infrastructure Policy (JKCCIP) via Govt Order No. 48-JK(ITD) of 2020, later amended in 2023 to align with the Centre’s Telegraph Right of Way (Amendment) Rules, 2022.
The DB noted that the policy includes provisions to address radiation concerns and empowers any citizen to raise grievances before the Licensed Service Area (LSA) unit of the Department of Telecommunications (DoT), Government of India. Moreover, telecom companies are required to submit self-certifications to ensure compliance with electromagnetic radiation (EMR) exposure norms.
While counsel for the petitioner argued that the policy was inadequate and failed to address public health concerns, the DB observed, “legal remedies are available if the policy is found lacking or harmful. If the petitioner finds that the policy is illegal, he can avail the appropriate remedy under law”.
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