In a significant move, the Rajasthan High Court on Thursday initiated a suo motu public interest case to address the State government's lack of preparedness in mitigating the effects of the extreme heatwave threatening public health across the region.
Justice Anoop Kumar Dhand expressed grave concern over the State's failure to devise or implement any meaningful strategy, despite the severe and recurring nature of heatwaves in Rajasthan. He noted that while the summer season is fast approaching, no comprehensive action plan has been rolled out.
"Neither has the State made efforts to implement the 'Heat Action Plan' formulated under the Rajasthan Climate Change Project in its true letter and spirit, nor has it taken steps to enforce the scheme ‘Strengthening Health Systems Preparedness for Heat Related Illness (HRI) in India’. Shockingly, no advisories have even been issued to the Health Department regarding the upcoming heatwave season," the Court observed.
The Court also highlighted that this negligence persists despite previous directions issued in a similar suo motu matter last year. Justice Dhand condemned the State’s conduct, stating:
"This case is a textbook example of the obstinacy of State officials, who appear to consider themselves above the law."
Absence of a system to sprinkle water on busy roads.
No provision of shaded or cooling areas at traffic signals or in densely populated localities.
Lack of shelter at major traffic junctions, leaving pedestrians and commuters exposed to intense heat.
Failure to distribute ORS packets, mango panna, or other cooling relief to vulnerable groups like daily wage earners, rickshaw pullers, and porters.
No water facilities provided for animals and birds.
No advisories issued for outdoor workers recommending rest periods during peak heat hours (12 PM to 3 PM).
No mechanism to disseminate heatwave alerts via SMS, radio, television, mobile apps, or media outlets.
Justice Dhand emphasized the urgency of the matter, asserting:
"The Court cannot turn a blind eye when people are suffering due to extreme heatwaves and heat strokes. Citizens are not cattle. Every human being—and indeed every living being—has a right to life."
In response, the Court directed the State Chief Secretary to immediately constitute a coordination committee involving all relevant departments and to prepare a detailed action plan to combat heatwave effects.
The Court also took strong exception to the government's potential excuse of budgetary constraints, noting:
"A government that can spend crores on publicity and award functions cannot plead lack of funds when it comes to protecting public health. Taxpayers’ money must be used transparently and efficiently to address essential public needs."
The Court asked the authorities to explain why the following steps should not be immediately implemented:
(a) Plantation of trees along roads and development of green public spaces across all districts.
(b) Immediate implementation of the Heat Action Plan and the Health Ministry’s scheme on heat-related illnesses; issuance of health advisories.
(c) Enactment and enforcement of the "Prevention of Deaths Due to Heat and Cold Waves Bill, 2015".
(d) Annual formulation of a heatwave action policy starting when temperatures exceed 40°C.
(e) Compensation to families of individuals who die due to heat strokes.
The matter will next be heard on April 24, alongside the previously initiated suo motu case.
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