"Electrosmog Pollution And The Right to Health: A Legislative Imperative For India"

Sabnam Sultana

doi:10.36948/ijfmr.2026.v08i05.68575

"Electrosmog Pollution And The Right to Health: A Legislative Imperative For India"

Author(s)	Ms. Sabnam Sultana
Country	India
Abstract	Electrosmog, the pervasive exposure to electromagnetic radiation (EMR) from mobile towers, Wi-Fi routers, electrical lines, and digital devices, has emerged as an invisible pollutant of the twenty-first century. While traditionally framed as an environmental concern, electrosmog also poses significant challenges to public health, necessitating a robust health law response. Scientific studies increasingly associate prolonged exposure to non-ionizing radiation with adverse physiological effects such as sleep disorders, cognitive impairment, headaches, and possible carcinogenic risks. Despite these potential harms, Indian law remains silent on recognizing electrosmog as a pollutant, leaving a critical regulatory vacuum. This paper argues that statutory recognition of electrosmog pollution is a legislative imperative for India, not only under environmental jurisprudence but also through the lens of health law and the constitutional guarantee of the right to health under Article 21 of the Constitution. The absence of specific regulation undermines the state’s duty to protect citizens against emerging public health hazards in the digital age. By examining international standards such as the World Health Organization’s precautionary guidelines and the European Union’s precautionary principle, this study underscores the urgent need for India to adopt a precautionary and preventive legal framework. The paper proposes amendments to the Environment (Protection) Act, 1986 and incorporation of specific electrosmog regulations within public health law to establish permissible limits, monitoring mechanisms, and liability structures. It also emphasizes inter-sectoral coordination between environmental and health authorities to address the complex intersection of technology, environment, and human well-being.
Keywords	Electrosmog pollution, Public Health, Right to Health, Health Law, Electromagnetic Radiation, Legislative Framework
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 5, September-October 2026
Published On	2026-09-04
DOI	https://doi.org/10.36948/ijfmr.2026.v08i05.68575

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"Electrosmog Pollution And The Right to Health: A Legislative Imperative For India"

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