“Let The Shade Offered By Cloth, Cap, Turban Or Umbrella Save Lives”: Rajasthan High Court Directs Statewide Implementation Of Heatwave Mitigation Measures
Safiya Malik
The High Court of Rajasthan Single Bench of Justice Anoop Kumar Dhand has directed the Government of Rajasthan and relevant central authorities to immediately implement a series of interim measures to combat the rising threat of extreme heatwaves in the State. The Court, taking suo moto cognizance, mandated the provision of public cooling spaces, shaded zones at traffic signals and public places, distribution of water and oral rehydration solutions, issuance of advisories, and the establishment of specialized medical care for heat-related illnesses.
On 30 May 2024, the Rajasthan High Court initiated suo moto proceedings concerning the severe impact of climate change and the escalating frequency and intensity of heatwaves across the State of Rajasthan. The proceedings were triggered in response to the dangerously high temperatures recorded, with certain districts witnessing temperatures as high as 50.5°C. According to sources cited in the proceedings, 733 deaths due to heatstroke had been reported across 17 States in India between April and June 2024.
The Court noted that Rajasthan’s summer season posed a grave challenge to public health, especially for vulnerable groups such as the elderly, children, outdoor laborers, and individuals without access to adequate shelter or cooling facilities. The judgment stated that lakhs of residents were without shaded areas or shelter and were thus directly exposed to heat-related hazards.
In response to the situation, the Court recorded that it had previously taken cognizance under the title “Save the Planet Earth and the Future Generations of this Universe,” registered as D.B. Civil Writ Petition No. 9470/2024. The matter had involved observations regarding the unprecedented rise in global temperatures, the threats posed by deforestation, environmental degradation, and insufficient governmental measures to prevent heatwave-related casualties.
During the earlier hearings, the Court examined various government measures, including the draft Heat Action Plan (HAP) under the Rajasthan Climate Change Project, the scheme “Strengthening Health Systems Preparedness for Heat Related Illness (HRI) in India” introduced by the Ministry of Health and Family Welfare in 2013, and the “Prevention of Deaths Due to Heat and Cold Waves Bill, 2015,” which had been pending legislative action for nearly a decade.
Despite these schemes and plans, the Court noted a lack of implementation by the State of Rajasthan. It was recorded that no effective steps had been taken to address water scarcity, to provide shelter or shaded areas at high-traffic locations, or to implement cooling and emergency medical infrastructure as outlined in the referenced national and state-level documents.
On 15 July 2024, a Division Bench of the High Court observed that the directions issued by the Single Bench, though termed interim, had elements of finality. It found that such directives were issued in the public interest to address a pressing emergency and were aimed at providing immediate relief.
The Division Bench granted the Advocate General six weeks to file a response regarding the State’s action plan. However, more than ten months later, the State had neither submitted an action plan nor implemented the Heat Action Plan or the health preparedness schemes. The judgment recorded the absence of advisories, public alerts, cooling stations, shaded areas, and potable water facilities for humans and animals, particularly at traffic signals, public roads, and marketplaces.
The Court observed the lack of measures to assist laborers, street vendors, rickshaw pullers, and other outdoor workers during peak hours of sunlight. The absence of systematic alerts through digital, electronic, or print media was also documented.
Citing inaction by the State, the Court again took suo moto cognizance of the ongoing issue under the title “Beat the Heatwave and Climatic Change to Save the Life of Public at Large.” It recorded that the respondents had failed to discharge duties arising from the directions of 30 May 2024 and were in prima facie contempt of the Court’s previous orders.
The judgment names multiple respondents, including the Union of India through the Ministry of Home Affairs, the Indian Meteorological Department, the National Disaster Management Authority, and various Secretaries and Additional Chief Secretaries of the State of Rajasthan, covering departments such as Health, Home, Finance, Meteorology, Public Works, Public Health Engineering, Horticulture, and Local Self Government.
In concluding its findings, the Court noted that the failure to comply with prior directives posed a risk to public health and safety. It ordered that the new set of directions be implemented immediately and that the petition be registered as a continuation of the earlier suo moto proceedings. The matter was listed for further review on 24 April 2025.
The Court recorded : “Temperature has been breaking records, across the globe and climate change has become terrifying. In the State of Rajasthan, the temperature is rising regularly hot, hotter and hottest with each passing day.”
It stated: “More than two dozen of Districts in the State of Rajasthan are now prone to severe heatwave conditions.”
The judgment further noted: “Extreme heatwaves coupled with extreme temperature are life-threatening, especially for vulnerable populations in the State like elderly people, children, outdoor workers and those without access to cooling.”
The Court observed that its earlier order dated 30 May 2024 had directed state authorities to take immediate steps. However, it noted: “Respondents have failed to discharge their duties and comply with the directions issued to them and they are sleeping over the current emergent situation of heatwaves.”
“This Court cannot shut its eyes to the poor functioning of State officials in such emergent circumstances. A welfare State and its officials cannot be allowed to escape from their duties and liabilities arising from any casualties caused in the State due to extreme heatwave situation.”
It was stated that: “Contempt of the Court’s order is a serious legal infraction that strikes at the very sole of justice and the sanctity of legal proceedings.”
The Bench continued: “The lenient approach of the Court should not be taken lightly and casually by the State instrumentalities.”
On the need for public shade measures, the Court noted: “Covering the head by cloth, cap, turban, safi or umbrella during heatwaves may be a practical measure to mitigate the harmful effects of extreme heat.” It added: “This simple action can significantly enhance the safety and well-being of individuals during heatwave.”
“The shade offered by cloth, cap, turban or umbrella can even save the lives of vulnerable individuals.”
Regarding lack of resources as a justification for non-compliance, the Court observed: “The respondent-departments of the Government cannot be allowed to take the excuse that there are no available funds to spend for implementing the interim directions issued by this Court.”
It further noted: “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 being.”
The Court recorded its displeasure at inaction: “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.”
On the necessity of judicial intervention, the Court stated: “This Court is constrained to observe that the instant case 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 directed: “The Chief Secretary of the State of Rajasthan and Under Secretary of Ministry of Home and Health are directed to constitute Committees of various Departments under the Chairmanship of the Additional Chief Secretary or Principal Secretary of each Department to look into the matter and take immediate and appropriate steps for effective implementation of Heat Action Plan prepared under the Rajasthan Climate Change Project and various schemes prepared for Strengthening Health Systems Preparedness for Heat Related Illnesses and for plantation of trees, conservation of water, forest and electricity, etc.”
It ordered: “The respondents are directed to comply with and implement these directions, without any failure, in each and every District and Village of the State.”
The Court issued the following interim measures:
“To provide cooling spaces, shades on the traffic signals, spots, etc. near the roads and highways where the Government may deem necessary for the benefit of general public at large, daily wage earners, rickshaw or cart pullers and porters, birds and animals with facility of drinking water, ORS packets, mango panna, etc. in such a manner for their benefit to save them from heat stroke.”
“To provide all possible facilities at all the Health Centers for treatment of heatwave patients.”
“To issue advisory for all the workers who work in open including the porters, cart and rickshaw pullers, etc. to allow them to rest between 12 Noon and 3 PM during extreme heatwave in summer season.”
“To issue alerts in the form of Short Message Service (SMS), FM, Radio, Television, Mobile Apps, Print and Electronic Media, Newspapers, etc. to alert the people about the extreme heatwave conditions.”
The Court directed the respondents to submit reports: “The respondents and the District Collectors of all the Districts of the State are directed to submit a report before this Court about the steps taken by them to comply with the interim directions Nos. (i) to (iv) on the next date of hearing.”
Advocates Representing the Parties:
For the Respondents: Mr. Susshil Daga, Mr. Kunal Jaiman & Mr. Tribhuvan Narayan Singh, Advocates; Mr. R.D. Rastogi, Additional Solicitor General for Union of India; Mr. G.S. Gill, Mr. Vigyan Shah, Mr. Bhuwanesh Sharma, Mr. Kapil Prakash Mathur and Mr. Sandeep Taneja, Additional Advocates General for the State of Rajasthan.
Case Title: Suo Moto: In Re: “Beat the Heatwave and Climatic Change to Save the Life of Public at Large”
Case Number: D.B. Civil Writ Petition (Part-II of No.9470/2024)
Bench: Justice Anoop Kumar Dhand
[Read/Download order]
