K.V.DHANANJAY.

B.Com. LL.B
Advocate

Date: 04-Jan-2011

To
The Hon’ble Chief Minister
Sri B.S.Yediyurappa
Government of Karnataka
Vidhana Soudha
Bangalore 560 001

Copy to:

To To
The Hon’ble Minister for Law The Hon’ble Minister for
and Parliamentary Affairs Health and Sanitation
Sri S Suresh Kumar Sri B Sri Ramulu
Government of Karnataka Government of Karnataka
Vidhana Soudha Vidhana Soudha
Bangalore 560 001 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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B.Com. LL.B
Advocate

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

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

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

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

Mobile: 09902909390
dhananjaylegal@gmail.com

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