Article 21 and Disaster Management
Subject : Constitutional Law - Right to Life & Public Health
In a scathing rebuke of systemic administrative inaction, the High Court of Judicature for Rajasthan at Jaipur has taken suo moto cognizance of the deteriorating climate crisis in the state. Justice Anoop Kumar Dhand, presiding over the matter, underscored that the state’s failure to implement proactive heatwave mitigation strategies constitutes a direct threat to the fundamental "Right to Life" guaranteed under the Constitution.
The court’s order serves as a dire warning to state authorities, labeling the current lack of preparedness a "classic and glaring textbook example of obstinacy" by government officials who appear to ignore the lethal consequences of rising temperatures.
As temperatures in Rajasthan frequently soar past 45°C—with some districts recording highs of 50.5°C—the state has become ground zero for climate-related health risks. The court noted that between April and June 2024, nearly 733 heat-stroke-related deaths were reported across India, with Rajasthan’s vulnerable populations—the elderly, children, and outdoor workers—bearing the brunt of the suffering.
Despite previous judicial directives issued in May 2024, the court found that the state has remained effectively dormant. Existing frameworks, such as the Rajasthan Climate Change Project and health system preparedness schemes, remain unimplemented, leaving pedestrians, daily wage earners, and stray animals without adequate shelter, cooling, or water as the summer heat intensifies.
The court’s intervention isn't merely about weather; it is about the accountability of a welfare state. Justice Dhand emphasized that citizens cannot be treated "like cattle" and that the government’s failure to act on documented action plans is prima facie contemptuous.
The primary legal questions centered on: * Whether the "Right to Life" extends to protection from preventable climate-related mortality. * Whether the government’s failure to operationalize the Prevention of Deaths Due to Heat and Cold Waves Bill constitutes a dereliction of duty.
The judgment is marked by a profound sense of urgency, with the court delivering stinging remarks on the state’s conduct:
Determined to halt the rising death toll, the court issued immediate interim directions requiring the state to: 1. Construct Cooling Spaces: Establish shaded areas and provide drinking water, ORS packets, and cooling relief at all major traffic signals and high-density roadside spots. 2. Regulate Outdoor Work: Formalize advisory periods (12 Noon to 3 PM) for labourers, rickshaw pullers, and cart drivers to minimize exposure at peak hours. 3. Media Alerts: Utilize SMS, television, and radio to broadcast heatwave warnings and preventive health advice. 4. Health Preparedness: Ensure all community health centers and district hospitals are equipped with dedicated rooms for heat-stroke treatment.
The court has scheduled the next hearing for April 24, 2025, directing all district authorities to submit reports on the implementation of these measures. By tagging this matter to the wider ongoing writ petition regarding environmental preservation, the Rajasthan High Court has signaled that "preparedness today will determine resilience tomorrow."
The message from the bench is clear: in an era of global warming, the state’s duty to protect its citizens from extreme weather is no longer optional—it is a constitutional imperative.
heatwave - governance - climate-change - public-health - disaster-management
#ClimateJustice #RightToLife
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