Earth Is Priceless, No Plan(et) B: Rajasthan HC Takes Suo Moto Cognizance Of Climate Change, Tells Govt To Enact Laws To Prevent Deaths From Heatwaves

It took note of various schemes/action plans prepared by various government authorities in India to tackle the issue of deaths due to extreme weather conditions that merely lie as drafts with no effective steps being taken. It took note of the “Prevention of Death Due to Heat and Cold Waves Bill 2015” (“2015 Bill”) that declared heatwaves and coldwaves as national calamities and mandated advance preparedness on the part of the central and state governments to face these calamities. However, the bill has not been passed to date.

Further, it highlighted the Heat Action Plan developed by the Government of Rajasthan which was supposed to be India's first rural climate resilience heat action plan for rural settings. But even this action, the Court observed, was not successful in giving effect to its true letter and spirit.

Thereafter, the Court pointed out the scheme of “Strengthening Health Systems Preparedness for Heat Related Illness in India” prepared by the Ministry of Health and Family Welfare which included planning for pre-heat, post-heat, and during-heat seasons. However, the Court highlighted the miserable failure on the part of the government in implementing the scheme.

The Court also took note of the Delhi Heat Wave Action Plan-2023 prepared by the Delhi Disaster Management Authority as well as the advisory for state health departments on heatwave season-2024 issued by the National Centre for Disease Control, New Delhi.

In this background, in an attempt to find a speedy solution to the ongoing impact of the heatwave, the Court passed various directions for various departments of the Central Government as well as the State Government.

The State Government has been directed to constitute committees of various departments for immediate and effective implementation of the Heat Action Plan developed by the State Government. Other directions included, sprinkling water on roads having greater foot-fall; providing cooling spaces and shades near roads with facilities of drinking water, ORS packets etc; issuing advisories to workers working in the open and allowing them to rest in the afternoon; issuing alerts on FM, radio, televisions etc. about extreme heatwave conditions; paying appropriate compensation to dependents of victims of deaths due to heatwave; bringing legislation to save human and living beings from pollution and adulterated food items.

Apart from these directions, the Court also observed the urgent need to translate the 2015 Bill into a statutory law. Lastly, to prevent the wastage of rainwater, the Court also expressed its expectation from the government authorities for immediate construction of dams near water bodies to preserve the rainwater.

Case Title: In RE: Save the Planet Earth and the Future Generation of this Universe

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