Rajasthan High Court: While taking suo motu cognizance in light of the alarming increase in temperatures and extreme heatwave conditions being faced in the State of Rajasthan., a single-judge bench of Anoop Kumar Dhand, J., issued a set of interim directions, show cause notices, and required future action plans.
“Earth is the only known planet having life in this Universe. We do not have a planet-B which we can move onto.”
The Court noted that the mercury had already soared to 45°C and was expected to cross 50°C in multiple districts. In Churu, temperatures peaked at 50.5°C, breaking previous records. The Court further noted that 733 heatstroke-related deaths are reported between April and June 2024 across 17 states, with Rajasthan being particularly vulnerable. The Court asserted that “scorching and extreme heatwaves coupled with extreme temperature are life-threatening” especially to the vulnerable sections of society.
The Court recounted its earlier order dated 30-05-2024, in D.B. Civil Writ Petition No. 9470/2024, where the Court emphasised on the dire need for climate preparedness and made observations on the sanctity of Mother Earth and the human duty to preserve the environment. The Court asserted that the failure to comply with the 2024 order was “shocking and prima-facie contemptuous.”
“Mother Earth is clearly urging a call to action. Nature is suffering. Extreme heat now-a-days… have affected millions of people of the State of Rajasthan and across the nation.”
The Court expressed concern over the failure of the State Government to implement existing Heat Action Plans and health preparedness schemes, “Strengthening Health Systems Preparedness for Heat Related Illnesses (HRI)” despite rising fatalities and persistent warnings by the Indian Meteorological Department (IMD). The Court further noted failure on part of State regarding absence of advisories or awareness campaigns for outdoor workers, no provisions for cooling spaces, shaded zones, or public water dispensers and no arrangement for public messaging via SMS, FM Radio, TV, or social media about heatwave conditions. The Court lamented that
“No action plan has been prepared by the State to address the currently escalating situation of heatwaves… 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.”
The Court remarked that the present matter is a “classic and glaring textbook example of obstinacy exhibited by the State Officials… who appear to consider themselves above and beyond the reach of law.”
The Court reiterated and reinforced the interim directions from 2024 and issued interim direction as following —
-
Provide cooling spaces, shaded areas, and water facilities across districts and highways for public and animals.
-
ORS packets, mango panna, and water to be distributed, especially to daily wage earners and roadside workers.
-
Set up treatment centers at all health facilities specifically for heatstroke patients.
-
Issue advisories to outdoor workers mandating rest from 12 Noon to 3 PM during peak heat.
-
Disseminate heatwave alerts via SMS, radio, TV, social and print media.
The Court stressed that these directions must be enforced in every district and village across Rajasthan and instructed the Chief Secretary to ensure compliance. The Court underscored the seriousness of disobeying court orders and indicated that if compliance was not demonstrated, appropriate contempt proceedings may be initiated.
The Court issued the further directions as follows —
-
Directed to tag the petition with Writ Petition No. 9470/2024.
-
Issue show cause notices to the respondents asking why the following direction should not be issued against them —
-
Plantation of trees along roads in every district.
-
Immediate and effective implementation of the Heat Action Plan and the HRI scheme.
-
Conversion of the 2015 Bill into enforceable law.
-
Annual policy for executing interim directions when temperature exceeds 40°C.
-
Compensation to victims’ families affected by heatwave deaths.
-
-
Re-listed the matter for hearing on 24-04-2025, with direction to the Chief Secretary and all District Collectors to file compliance reports.
[Beat the Heatwave and Climatic Change to Save the Life of Public at Large, In Re, Decided on 17-04-2025]
