‘At 81, no plans to retire’: Sending the right signals to wrong doers

Dr Beri says that they found out that some groups were already fighting for the cause in Mumbai and had also conducted some studies. “We contacted them and further built on their work. The key concern was the EMFs emanating from the cellphone towers and its risks for those staying close to it. There are multiple studies that point to prolonged exposure to strong EMFs can continue to various ailments to humans and animals, birds. Once we decided our stand that we will be fighting for framing regulations and standards for setting up cell phone towers in cities and for their implementation, we started approaching various stakeholder bodies. We started raising voice against illegal and unauthorised construction of these towers on residential buildings,” he says.

Dr Beri says companies paid these buildings a hefty rent because of which people allow companies to set up towers. “No permission is sought from local bodies. When other citizens complain, then only civic bodies take cognizance but then take a fine from the buildings and regularise these towers. Few years ago, the Government of Maharashtra had formed some rules that ban setting up mobile phone towers on residential buildings, hospitals and schools. These regulations stated that towers should only be set up in open space and at specific distances from residential buildings. Based on these rules local bodies started taking action. The companies of the cell phone towers approached the Bombay High Court and secured a stay on these orders. That stay is still in force. Neither Maharashtra government, nor any local body has challenged the stay in the last 10 years. Our pleas to these bodies to challenge this stay have fallen on deaf ears. This shows their complicity.”

Dr Beri says that it in 2019 that he decided to decided to take this battle to court and approached Pune based Human Rights and Environment issues lawyer Adv Asim Sarode. “Through Adv Sarode we moved the Bombay High Court seeking to vacate this stay. Our other prayers include seeking directions on removal of cell phone towers from residential areas, allocating and fixing places for these towers through the local bodies. We sought directions on implementing Maharashtra government rules. We named as respondents the Government of Maharashtra, civic bodies of Pimpri Chinchwad and Pune and the association of companies that construct the cell phone towers. Our petition cites various studies and findings from international bodies on this subject, data on the EMF emanating from towers, the prescribed government norms on the issue, the norms in force in other countries among other scientific and legal arguments. For example in many countries these towers are set up on bridges, along railway tracks among others. Our fight is not against cellular communication but it is for safe placement of cell towers and against their illegal construction.”

Dr Beri gives example of Pimpri Chinchwad where 100 spots were earmarked for cell phone towers. “Not a single tower was set in these places because erecting on the ground is costlier than setting it up on a building. We have seen cases in Pimpri Chinchwad where on the top of an unauthorised building, there are unauthorised cell towers. Over the last five years, the High Court has given us dates but not many hearings have taken place. But I have lost hope and will continue my efforts so that our voices are heard.”

Speaking about Dr Beri’s legal battle, Adv Sarode said, “This case of illegal cell phone towers is not limited to Pimpri Chinchwad. The legal battle by Dr Beri underscores the fundamental right of people seeking legal remedies from Article 32 of the Constitution of India. It is important that courts prioritise such cases so that common citizens feel assured that the fundamental right of seeking remedies is protected.”