Seeking Display of Radiation by Cell Phones

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K.V.DHANANJAY.B.Com. LL.B

Advocate

Date: 04-Jan-2011

To

The Honble Chief Minister

Sri B.S.Yediyurappa

Government of Karnataka

Vidhana Soudha

Bangalore 560 001

Copy to:

To

The Honble Minister for Law

and Parliamentary Affairs

Sri S Suresh Kumar


Vidhana Soudha

Bangalore 560 001

To

The Honble Minister for

Health and Sanitation

Sri B Sri Ramulu


Vidhana Soudha

Bangalore 560 001

Sub:Regulation of Cell Phone radiation by mandating a law to

such effect upon manufacture or distribution of cell

phones in the State of Karnataka and pending such law,

the issue of a law mandating display of radiation

emission levels at all stores in the State where cell

phones are retailed, sold or otherwise distributed.

Dear Sir

1. My name is K.V.Dhananjay. I am an

advocate in practice at the Supreme Court

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and at several High Courts across India. I

write here in my capacity as a resident in

the State of Karnataka.

2. This communication is primarily

concerned with the explosion in the sale

and marketing of cell phones in the State

of Karnataka.

3. India is the fastest growing market in the

world today for cell phones. In the month

of October, 2010 alone, 1.89 Crore new

telecom subscribers were added in this

country. The State of Karnataka accounts

for more than 3 Crore cell phone

subscribers.

4. Telegraph and Telecommunications are

subjects under the exclusive control and

legislation by the Central Government and

the Parliament.

5. However, health and safety of residents

are subjects under the concurrent control

and legislation by the State Government.

6. Cell phones emit radiation and there is no

agency in this country that sets

permissible limits for radiation by a cell

phone. However, the Federal

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Communications Commission (FCC), a

central/Federal agency in the United

States sets radiation emission levels for

cell phones sold in the United States. And

there exists considerable controversy and

disagreement amongst the scientific

community on whether cell phone

radiation, even within the limits mandated

by the FCC, is harmful to the human body.

7. In India, except for certain guidelines and

circulars that do not have the force of law,

there is no known regulation that binds a

cell phone manufacturer to limit radiation

emitted from cell phones manufactured by

it. As such, the market in India for cell

phones is largely unregulated and

constitutes a considerable and substantial

health hazard to the citizens and

residents.

8. I write this letter primarily to ask your

good office to consider enactment of a

suitable legislation to set permissible

limits for radiation emission for all cell

phones sold, marketed or otherwise

distributed for use in the State of

Karnataka. Because the Central

Government or the Parliament have not

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mandated any such limit for radiation

emission by cell phones, a State

Government or the Legislature of a State

is fully authorised, constitutionally, to

protect the health interests of its residents

by stepping in to fill in the void created by

the failure of the Central Government or

the Parliament to protect the health

interests of the citizens of this country.

9. However, pending the enactment of such

legislation, I would request your good

office to mandate, by law, that every

retailer in the State of Karnataka who

sells, distributes or otherwise transfers a

cell phone to prominently display in his

store, the radiation emission level for each

and every phone offered for sale by such

retailer.

10. The city of San Francisco in the State of

California in the United States has already

mandated, by law, that every retailer in

that city should prominently display the

radiation emission for every phone sold in

stores in that city. There is no reason why

the city of Bangalore or the State of

Karnataka should not take such a

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progressive step to protect the health of

the residents in Bangalore/ State.

11. And, it is my belief and hope that your

good offices do care for the health and

welfare of the residents of this State.

12. However, I would like to also state here

that constitutional rights and expectations

of the residents of the State are at stake

in the issue that is the subject of this

communication and that judicial

intervention would become inevitable,

sooner or later, unless the State

Government takes proactive steps to

protect the health of its residents from

hazards posed by increased cell phone

usage.

Sincerely

K.V.Dhananjay

Advocate

No.296, Kamakshipalya

Magadi Main Road

Bangalore 560 079

No.127, Lawyers Chambers

Supreme Court of India

New Delhi 110 001

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Advocate

Mobile: 09902909390

[email protected]

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Seeking Display of Radiation by Cell Phones

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