CHENNAI: In the absence of clinching evidence to prove health hazards from mobile phone towers, courts cannot pass any orders as it is not wise to venture into unchartered territory of technical expertise, said the Madras high court refusing to order regulation of mushrooming mobile phone towers in the country.

“Science grows and evolves, and one does not know what may happen tomorrow. There being no materials, at least as on date, which can finally suggest any health hazards from these towers, the court would not venture into unchartered territory of technical expertise to determine the area where towers should be installed,” said the first bench comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh.

The bench was passing orders on a PIL filed by social activist KR ‘Traffic’ Ramaswamy who cited more than 50 mobile phone towers, and wanted the court to direct the Union ministry of information and broadcasting and the department of telecommunications to formulate rules, regulations, guidelines to erect mobile phone towers.

The judges cited a Delhi high court order which said there was neither any conclusive research nor authoritative scientific evidence to show that radiations emitted by such transmission towers were dangerous to the health of human beings.

The Kerala high court, they said, passed an order relying on a scientific study made by a committee constituted under the chairmanship of N K Ganguly, director-general ICMR. The report found that radiation from mobile base stations was less as compared to that of AM Radio and FM Radio. The frequency waves used for mobile phones were found not covered under the definition of radiation as given in the Atomic Energy Act, 1962. The Radiation Protection Division of the UK Health Protection Agency in 2000, is stated to have reported that the balance of evidence indicates that there is no general risk to the health of people living near base stations on the basis that exposures are expected to be small factions of guidelines.

Holding that no further orders were required in the matter, they said the authorities concerned would continue to analyze material to look into the concern raised in the PIL.

