In a significant move to address the intensifying heatwave conditions in Rajasthan, the High Court, led by Justice Anoop Kumar Dhand, has taken suo motu cognizance of the worsening situation. The Court observed that the citizens of the state are enduring unbearable heat, with temperatures crossing 45°C and threatening to exceed 50°C in multiple districts.
Expressing deep anguish at the State Government’s failure to act, the Court remarked:
“The people of the State are suffering from extreme heatwaves and heat strokes. Citizens of the State cannot be treated as cattle. Every human being as well as every living being, be they animals or birds, has a right to life.”
According to records, Churu District touched a blistering 50.5°C, setting a new benchmark in heatwave extremities. Between April and June 2024, India reported 733 deaths due to heat stroke across 17 states. In Rajasthan alone, lakhs of vulnerable citizens—elderly, children, outdoor workers—have no proper shelter or cooling provisions, putting their lives at risk.
“This Court cannot shut its eyes to the poor functioning of State officials in such emergent circumstances.”
Back in May 2024, the Court had already issued directions under a suo motu petition titled “Save the Planet Earth and the Future Generations of this Universe”. These included setting up cooling areas, water sprinkling, shade provisions at traffic signals, and public advisories. However, even after ten months, no concrete steps were taken by the state to implement those orders.
The Court noted that the state had:
- Failed to execute the “Heat Action Plan” under the Rajasthan Climate Change Project.
- Ignored the health preparedness scheme titled "Strengthening Health Systems Preparedness for Heat Related Illness (HRI) in India."
- Not issued any heatwave alerts via SMS, TV, radio, or newspapers.
- Not arranged basic measures like ORS packets, mango panna, or shaded shelters for the public, especially daily wage earners, rickshaw pullers, and porters.
- Provided no water facilities for animals and birds.
- Neglected to advise outdoor workers to rest between 12 PM and 3 PM.
“The instant case is a classic and glaring textbook example of obstinacy exhibited by the State Officials… The non-compliance of the order dated 30.05.2024, even after a lapse of almost 10 months, is both shocking and prima-facie contemptuous.”
The Court further emphasized the need to pass the long-pending Prevention of Deaths Due to Heat and Cold Waves Bill, 2015. Despite being introduced in Parliament nearly a decade ago, it remains in cold storage.
“The Government should not hesitate to allocate and utilise funds for the larger public good, particularly to save human lives and the lives of all living beings.”
The Court directed that tax-payers’ money should be prioritized for public welfare rather than publicity campaigns and events.
To address the crisis, the Court reiterated and expanded the interim directions, which include:
- Provision of Cooling Measures:
Establish shaded and cooling areas near traffic signals, roads, and highways. Ensure access to drinking water, ORS packets, and other heat-relief measures. - Healthcare Readiness:
Ensure all health centers are equipped to treat heatstroke and related illnesses. - Work Hour Advisory:
Issue advisories mandating rest periods between 12 PM to 3 PM for outdoor workers during peak heatwave conditions. - Heatwave Alerts:
Use SMS, radio, television, newspapers, and social media to issue heatwave warnings. - Statewide Implementation:
These interim directions must be implemented in every district and village of Rajasthan. - Coordination Committee:
The Chief Secretary was instructed to constitute a committee of key departments to develop and implement an urgent action plan. - Show-Cause Notice Issued:
The Court demanded the state explain why it shouldn’t be directed to:- Plant trees and develop green spaces.
- Fully implement the Heat Action Plan and HRI scheme.
- Enforce the 2015 Heat & Cold Wave Bill as law.
- Frame annual policies for summer preparedness.
- Compensate families of heatwave victims.
“Transparency and public participation are essential to ensure that Government resources are used effectively in the basic interest of the public at large.”
Justice Dhand concluded with a stern warning: if the Government continues to ignore the Court’s directions, appropriate legal action will follow. The matter has been tagged with the original petition and listed for further review on April 24, 2025, to monitor compliance.
Case Title: IN RE: “Beat the Heatwave and Climatic Change to Save the Life of Public at Large” v. Union of India
Date: 17/04/2025
