'Citizens Can't Be Treated As Cattle': Rajasthan HC Takes Suo Motu Cognizance Of Heatwave Crisis, Expresses Pain At State's Inaction

In the wake of the prevailing heatwave crisis, the Rajasthan High Court has taken suo motu cognizance to find out speedy solutions to “save citizens” from the scorching heatwave condition in the state which poses as life threatening to the citizens, especially the vulnerable populations like elderly people, children, outdoor workers and those without access to cooling.Highlighting the abject inaction of the state officials to formulate countermeasures to combat the extreme climate and reprimanding them for “sleeping over the current emergent situation of heatwaves”, Justice Anoop Kumar Dhand remarked,“The people of the State are suffering from extreme heatwaves and heat strokes. 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. 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.”In 2024, the High Court has taken suo motu cognizance in the name of Save the Planet Earth and the Future Generations of this Universe and subsequently ordered the State to combat the heatwave crisis by taking immediate measures such as sprinkling of water, providing cooling spaces, shades at the traffic signals and so on.However, the Court noted that more than ten months had passed since these directions were issued and no action plan had been prepared by the State to address the currently escalating situation of heatwaves. Expressing its pain and concern, the Court remarked that the State had— (i) put no efforts to implement the “Heat Action Plan” developed under the Rajasthan Climate Change Project nor taken steps for effective implementation of the scheme 'Strengthening Health Systems Preparedness of Heat Related Illness (HRI) in India', (ii) issued no advisory to the State Health Department regarding upcoming heatwaves, which was essential for public welfare, (iii) formulated no mechanism to sprinkle water on roads with heavy public movement, nor provided cooling spaces or shaded areas at traffic signals, roadside spots and in densely populated area, and had also not covered major traffic signals for protection of pedestrians and commuters, (iv) failed to provide any facilities such as sprinkling water, distributing ORS packets, mango panna and other cooling relief measures to the general public, particularly daily wage earners, rickshaw and cart pullers and porters, (v) not arranged for drinking water facilities for birds and animals, (vi) issued no advisories for outdoor workers and labour recommending rest periods during the peak hours from 12 Noon to 3 PM, and (vii) failed to take steps to issue heatwave alerts through Short Message Service (SMS), FM Radio, Television, Mobile Applications, Print/Electronic/Social Media, Newspapers, etc. to warn the public about extreme weather/heatwave conditions". It further said, 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 non-compliance of the order dated 30.05.2024, even after a lapse of almost 10 months, is both shocking and prima-facie contemptuous.”However, the Court reiterated the directions issued in the 2024 petition as interim measure and directed the Chief Secretary of Rajasthan to ensure that the directions were made effective in every District and Village across the State of Rajasthan. Further, the Court ordered the Chief Secretary to constitute a coordination committee comprising of various departments to address the issue and prepare an action plan for immediate and appropriate steps for effective implementation of the Heat Action Plan, prepared under the Rajasthan Climate Change Project and the various schemes prepared to strengthen Health Systems Preparedness for Heat Related Illness, etc.With respect to the financial allocations required to execute the same, the Court noted,“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, especially when the Government is able to spend substantial funds, running in millions, on its publicity campaign, conducting various award ceremonies and other similar activities that are not necessarily conducted in the public interest. 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 Government must prioritise spending its funds towards addressing public needs. Tax payers' money should be used to frame and implement public policies in the interest of public at large. While the Government operates within the budget constraints, it must...

'Citizens Can't Be Treated As Cattle': Rajasthan HC Takes Suo Motu Cognizance Of Heatwave Crisis, Expresses Pain At State's Inaction

Saahas Arora

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