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2025 Supreme(Raj) 1365

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND, J.
IN RE:
“In The Matter Of “Beat The Heatwave And Climatic Change To Save The Life Of Public At Large.”
CW / 5916 of 2025 
Decided On : 17-04-2025 

The court emphasized the government's duty to protect public health from climate change impacts, mandating immediate implementation of the Heat Action Plan and legislative action on related bills.

Headnote:

(A) Climate Change and Public Health - Suo Moto Writ Petition No. 9470/2024 - Extreme heatwaves in Rajasthan leading to public health crises - Court emphasizes the need for immediate action plans to mitigate heatwave impacts and protect vulnerable populations. (Paras 1-4, 5-6, 23-24)

(B) Government Responsibility - The court mandates the establishment of committees to implement the Heat Action Plan and urges legislative action on the Prevention of Deaths Due to Heat and Cold Waves Bill, 2015. (Paras 13-14, 24-25)

(C) Judicial Oversight - The court expresses concern over the inaction of government authorities and the need for accountability in addressing public health emergencies. (Paras 10-12, 15-16)

Facts of the case:
The court took cognizance of rising temperatures and heat-related deaths in Rajasthan, highlighting the urgent need for government action to protect citizens from extreme heat.

Findings of Court:
The court directed the state to implement effective measures, including cooling spaces and health advisories, to prevent heat-related casualties.

Issues: The main issues included the adequacy of government responses to heatwaves and the necessity for legislative measures to address climate-related health risks.

Ratio Decidendi: The court ruled that the government must prioritize public health and safety by implementing existing plans and enacting necessary legislation to combat climate change effects.

Result: The court directed immediate action and compliance from government authorities.

ORDER :

(ANOOP KUMAR DHAND, J.)

1. 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 has already soared to 45°C and could potentially raise above 50°C, in several parts of the State. As a consequence of the global warming, heatwaves are now longer, stronger and more frequent, especially across half of the States in our Country.

2. The mercury in Churu District of the State recorded a scorching 50.5°C (122.9°F), breaking the State’s previous record when temperature had crossed 50°C last year. According to sources and reports, there were 733 reported deaths due to heat stroke across 17 States in India, between April, 2024 to June, 2024. More than two dozen of Districts in the State of Rajasthan are now prone to severe heatwave conditions.

3. Scorching and 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. Lakhs of people, living in various parts of Rajasthan have no place of shaded areas or shelter to protect them from the intense heat and burning waves.

4. Rajasthan’s upcoming summer season poses a major challenge in terms of public health, with the increasing threat of heatwaves and heat strokes. The Indian Meteorological Department’s warnings must be taken seriously to ensure timely preparedness and effective mitigation. Through systematic and scientific planning, community participation and proactive governance, Rajasthan can reduce the risks and protect the health and well-being of its citizens during extreme summer conditions. Preparedness today will determine resilience tomorrow. This is right time and high time to take the necessary steps and actions. Every effort must be made at all levels to keep Rajasthan free from casualties due to heatwaves and heat strokes this year and in the years to come, during summer season. Even, in this regard, the NGOs and social workers active in the field may also be encouraged to step forward in the interest of public at large.

5. Looking to gravity of the situation, last year this court vide its order dated 30.05.2024 took a Suo Moto cognizance in the name titled as “Save the Planet Earth and the Future Generations of this Universe.” The petition is registered as D. B. Civil Writ Petition No. 9470/2024 wherein the following observations were made by this court in para 1 to 10 and 12 to 21 :-

“1. Earth is the only known planet having life in this Universe. Earth is the only planet which can sustain life on it. We do not have a planet-B which we can move onto. Earth is the home of million species including living and non-living.

2. Our planet is definitely a priceless gift from God. It is the principal saver of all essential nutrients for all living things on the planet. Earth provides everything we need, including the food we eat, the clothes we wear, the homes we live in. Earth is known as ‘Mother Earth’ because like our mother, she is always nursing us and providing for all of our needs.

3. On Earth, there are humans, animals, plants, water bodies, land, mountains, dirt and so no. Our planet is the only place on the globe where living things can survive. As a result, it becomes increasingly critical and crucial to save our planet.

4. Mother Earth is clearly urging a call to action. Nature is suffering. Extreme heart now-a-days crossing the temperature more than 50 Degree Celsius have affected millions of people of the State of Rajasthan and across the nation. Climate change, man-made change to nature as well as crimes that disrupt biodiversity, such as deforestation, cutting of trees, land use changes, destroying natural water bodies, etc. can accelerate the speed of destruction of the planet. Rapid cutting of trees has caused disaster climate change.

5. So we should respect and maint

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