Rajasthan High Court: While taking suo moto cognizance of the urgent need to protect the environment and the public from the adverse effects of climate change, a single-judge bench comprising of Anoop Kumar Dhand, J., highlighted the critical importance of preserving the environment and addressing climate change and mandated the immediate actions and long-term legislative solutions to mitigate the effects of extreme weather and ensure a sustainable future for all living beings on Earth.
“Save the Earth and save the future is a crucial responsibility that arises from a combination of moral, realistic and long-term survival concerns.”
The Court stated that earth is the only known planet capable of sustaining life, hosting millions of species and essential resources. The Court stated that “Earth is the only known planet having life in this Universe. Earth is the only planet which can sustain life on it. We do not have a planet-B which we can move onto. Earth is the home of million species including living and non-living.” The planet faces severe environmental degradation due to human activities like deforestation, pollution, and climate change. Extreme weather events, such as heatwaves and cold waves, have increasingly resulted in loss of life, especially among vulnerable populations.
“On Earth, there are humans, animals, plants, water bodies, land, mountains, dirt and so no. Our planet is the only place on the globe where living things can survive. As a result, it becomes increasingly critical and crucial to save our planet.”
The Court noted that human activities like deforestation and pollution accelerate environmental destruction and as the result extreme heatwaves and climate change are causing significant harm, with Rajasthan experiencing temperatures above 50°C, affecting millions. The Court stated that there is an urgent need to protect Earth for future generations and mitigate the impact of climate change.
“Mother Earth is clearly urging a call to action. Nature is suffering. Extreme heart now-a-days crossing the temperature more than 50 Degree Celsius have affected millions of people of the State of Rajasthan and across the nation. Climate change, man-made change to nature as well as crimes that disrupt biodiversity, such as deforestation, cutting of trees, land use changes, destroying natural water bodies, etc. can accelerate the speed of destruction of the planet. Rapid cutting of trees has caused disaster climate change.”
The Court asserted that despite proposals like the “Prevention of Deaths Due to Heat and Cold Waves Bill, 2015,” there has been little legislative progress. The Court noted that existing action plans and health preparedness schemes have not been effectively implemented. The Court further stated that various plans, such as the Heat Action Plan (HAP) in Rajasthan and advisory measures by the Ministry of Health, aimed to address these issues but require more robust implementation. The Court noted that the failure to implement existing plans and schemes has resulted in unnecessary loss of lives and environmental degradation.
“We all should respect and maintain everything we get from our mother Earth. We should save the mother Earth so that our future generations can live a safe environment. We can save the Earth by saving the trees, natural vegetation, water natural resources. We should strictly follow all possible measures to control the environment pollution and global warming. Everyone should plant more trees in the surrounding areas to curb the pollution and reduce the efforts of global warming.”
The Court stated that there is an urgent need for legislative action to declare extreme weather events as national calamities and to establish comprehensive preparedness and response mechanisms. The Court stated that “due to extreme weather conditions in the form of heatwave, hundreds of people have lost their lives in this month. Every year one Nation faces extreme weather conditions in the form of heatwave, rains and cold wave in which many people, particularly the poor ones lose their lives … The death tolls from heatwaves are very difficult to estimate since excess heat is typically not listed as the primary cause of death in the cases where the victim has a pre-existing condition such as heart or lung disease.” The Court urged the swift enactment of the “Prevention of Deaths Due to Heat and Cold Waves Bill, 2015.” The Court also emphasised on the need for constructing water bodies to store rainwater, increasing tree plantation, and conserving resources.
“Climate change is one of the more serious threat which our planet is facing now-a-days. Temperatures have been steadily increasing leading to heatwaves, which have affected mass people and causing many unwanted untimely causalities.”
The Court took suo moto cognizance to find a speedy solution to save the citizens of the State from drastic situation of climatic changes. While emphasising on the critical need for immediate and effective action to combat the adverse effects of climate change, the Court directed to:
-
Immediately implement of “Heat Action Plan” and the “Strengthening Health Systems Preparedness for Heat Related Illnesses” scheme by the authorities with immediate effect.
-
Sprinkle water on roads with heavy public movement.
-
Provide cooling spaces and shades, especially for vulnerable populations like daily wage earners and animals.
-
Distribute ORS packets and mango panna.
-
Ensure all health facilities are equipped to treat heatstroke patients.
-
Issue advisories for workers to rest during peak heat hours.
-
Issue alerts through various media to warn the public of extreme heat conditions.
-
The government must pay appropriate compensation to the families of those who die from heatstroke.
-
Enact legislation to address climate change impacts and food adulteration.
-
Further directions to be issued in the next hearing.
“Every small contribution we make to preserve the Earth and its ecology would certainly make a difference. A little effort will go a long way on everyone’s end. Each action will make a difference.”
[Save the Planet Earth and the Future Generation of this Universe, In re, 2024 SCC OnLine Raj 1329, order dated 30-05-2024]