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‘Save our future generations’: Governments in India must act now on court’s heatwave warning

Advocate Sanjeev Sirohi

Due to extreme weather conditions in the form of heatwave, hundreds of people have lost their lives in this month. Every year one Nation faces extreme weather conditions in the form of heatwave, rains and cold wave in which many people, particularly the poor ones lose their lives.

The news items published in various newspapers and the news broadcast on electronic media reflect that in the heatwave of this year death toll has crossed thousands in number.

The more lethal heatwave in the globe was the one that crippled Europe in 2003 killing 71,310 people. In the list of top ten deadliest disaster, Indian heatwaves figure four-five times in 1998, 2002, 2003, 2015 and this year-2024.

Unsurprisingly, six of the top ten heatwaves, in terms of deaths, have occurred in the 21st Century, which has also recorded eight of the ten warmest years ever since records of global temperatures were started being kept.

Unfortunately, the poor who are poorly fed and have no option but to work in the scorching heat and chilling cold to get two square meals are vulnerable to these extreme weather conditions and lose their lives. The death tolls from heatwaves are very difficult to estimate since excess heat is typically not listed as the primary cause of death in the cases where the victim has a pre-existing condition such as heart or lung disease.”

It would be extremely significant to note that while taking suo motu cognizance of the extreme heatwave across the country, the Single Judge Bench of the Jaipur Bench of the Rajasthan High Court comprising of Hon’ble Mr. Justice Anoop Kumar Dhand, in a most learned, laudable, landmark, logical, and latest judgment titled In Re Save The Planet Earth And The Future Generations Of This Universe, that was pronounced as recently as on May 30, 2024, called upon the Central and State governments to take remedial steps to address climate change which affects all of us.

The Court issued some immediate measures also which we shall discuss above the rest to be taken by the State government to address effectively and contain the growing number of deaths due to heatstroke, which is definitely a cause of grave concern. The Court also very rightly urged the Central Government to enact the Prevention of Deaths Due to Heat and Cold Waves Bill, 2015, which is yet to see the light of the day. To this end, it also asked its Registry to send a copy of this order to the Union Ministry of Law & Justice.

DIRECTIONS

Before stating anything else, it would be in order to consider what is the “heart and arteries” of this notable judgment as encapsulated in para 27 directing that, “By an interim measure, looking to the current emergent situation, this Court issues the following directions to the respondents:

(i) To implement the “Heat Action Plan” prepared under the Rajasthan Climate Change Project with immediate effect in its true letter and spirit and do effective implementation of the scheme ‘Strengthening Health Systems Preparedness for Heat Related Illnesses’ and the Advisory issued for the State Health Department on Heat Wave Season–2024 with immediate effect in the interest of public at large.

(ii) To sprinkle water on the roads where there is huge movement of public at large.

(iii) 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 the 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.

(iv) The Department of Health is directed to provide all possible facilities at all the Health Centers for the treatment of heat wave patients.

(v) The Government is directed 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 the summer season.

(vi) The Government is further directed 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.

(vii) The Government is further directed to pay an appropriate & suitable amount of compensation to the dependents of the victims of heatwave, who lost his/her life due to heat stroke.

(viii) The Government is directed to bring suitable legislation to save human and living beings from the pollution and consumption of adulterated food items. This is the right time and high time for taking appropriate steps to save the future generations from all kinds of life threatening diseases occurring due to climate changes and adulteration in eatable items.

For clarity, the Bench clarifies in para 28 stating that, “Certain more appropriate directions would be issued on the next date of hearing.

At the very outset, this brief, brilliant, bold, and balanced judgment sets the ball in motion by first and foremost putting forth in para 1 that, “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.”

Quite frankly, the Bench observes in para 2 that, “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.”

As we see, the Bench then underscores in para 3 that, “On Earth, there are humans, animals, plants, water bodies, land, mountains, dirt and so on. 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.”

Most significantly, the Bench points out in para 4 what constitutes the cornerstone of this notable judgment that, “Mother Earth is clearly urging a call to action. Nature is suffering. Extreme heat 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.”

Equally significant is what is then exhorted upon by the Bench in para 5 asserting that, “So we should respect and maintain everything we get from our mother Earth. We should save the mother Earth so that our future generations can live in a safe environment. This makes it all the more serious to save the Earth and save our lives. If we do not take strict action now, we will lose the chance of seeing our future generations flourish forever. Everyone must come together for the same cause, as we are inhabitants of this planet firstly and then anything else.”

No less significant is what is then urged upon by the Bench in para 7 stating that, “We all should respect and maintain everything we get from our mother Earth. We should save the mother Earth so that our future generations can live in a safe environment. We can save the Earth by saving the trees, natural vegetation, water, and natural resources. We should strictly follow all possible measures to control the environment pollution and global warming. Everyone should plant more trees in the surrounding areas to curb the pollution and reduce the effects of global warming.”

Do note, the Bench notes in para 8 that, “Every small contribution we make to preserve the Earth and its ecology would certainly make a difference. A little effort will go a long way on everyone’s end. Each action will make a difference.”

On a positive note, the Bench very rightly urges and calls upon in para 9 stating that, “The Government and individuals must come together to save the Earth. Let the people make aware of the consequences of not saving the Earth. They can be taught ways as to how they can contribute to saving the Earth. If all this collective effort starts happening, we can surely save our planet Earth and make brighter Earth for our future generations.”

No doubt, the Bench rightly points out in para 10 that, “Save the Earth and save the future is a crucial responsibility that arises from a combination of moral, realistic, and long-term survival concerns.”

As things stand, the Bench concedes in para 11 that, “There is no purity in the environment, be it air and water. Almost all food eatables are found to be adulterated. Chemicals and insecticides are used in eatables of daily life. Almost all dairy products, milk, ghee, grains, fruits, vegetables, etc. are developed with chemicals which is seriously affecting the life of public at large, causing serious life threatening diseases like cancer, etc. Few persons are creating all these illegal unwarranted deeds for making easy money at the cost of the life of all living beings.”

In the fitness of things, the Bench then very rightly underscores in para 13 that, “Looking to a large number of deaths due to extreme heat and cold waves across the country, the National Disaster Management Authority (for short “the NDMA”) started working on it. There is a need to declare heatwave and coldwave as National Calamity. A detailed study was conducted to find out the ways in the form of prevention methods, access to potable drinking water and cooling space, etc. are required to prevent deaths due to heatwave and availability to rain baseras, woolens, etc. to prevent deaths due to coldwave.”

Be it noted, the Bench notes in para 14 that, “This Court has taken suo motu cognizance of extreme heatwave across the country looking to the news items published in the daily newspapers and broadcast in the electronic media showing the death of hundreds of persons in the extreme heatwave.”

It would be germane to note that the Bench while citing the most relevant case law mentions in para 15 that, “The Hon’ble Supreme Court in the case of MC Mehta vs. Kamal Nath and others [(1997) 1 SCC 388] has observed that, “Environmental law has to address the plight of the unknown individuals affected by the global environmental damage.”

It also deserves mentioning that the Bench then points out in para 16 that, “In another case titled as MC Mehta vs. Union of India and others [(2009) 6 SCC 142], the Hon’ble Supreme Court has observed that, “In a public interest litigation, the court must enforce the law, if the court finds that the executive authorities either connive or are helpless or have a vested interest in not doing so.”

Of course, the Bench then concedes in para 17 that, “In the case of K. Guruprasad Rao vs. State of Karnataka and another [(2013) 8 SCC 418], the Hon’ble Supreme Court has observed that, “Climate change has become an issue of great concern across the globe. Rapid environmental degradation has resulted in the increasing frequency of natural disasters. The adverse effects of climate change, if not managed effectively and expeditiously, would result in dire consequences for the inhabitants of this planet.”

What’s more, the Bench then observes in para 18 that, “In another case titled as Dr. B.L. Wadehra vs. Union of India and others [(2002) 3 SCC 594], the Hon’ble Supreme Court has observed that, “In the matter of public nuisance or the environmental degradation or such other matters concerning the life and health of the citizens, it becomes the duty of the Court to see that the executive authorities take effective steps for implementation and enforcement of the law.”

Quite pertinently, the Bench specifies in para 19 that, “The United Nations Conference on Climate Change (UNCCC) has held that climate change is one of the most serious issues of the 21st Century. The global warming caused by human activities has resulted in increase in temperature by approximately 1.1°C since the 19th Century. This rise in temperature is having significant impact on various aspects of life, including weather patterns, agriculture and health. The UNCCC has stressed on the need for immediate and effective action to address the impact of climate change.”

Quite ostensibly, the Bench specifies in para 20 that, “The United Nations has declared the theme for World Environment Day 2023 as “Ecosystem Restoration”. It emphasizes the urgent need to restore and conserve the ecosystems that sustain life on Earth. The theme highlights the interconnectedness of all living beings and the importance of a healthy planet for the well-being of humanity.”

It cannot be glossed over that the Bench while quoting straight from the heart then makes it indubitably clear in para 21 that, “The Constitution of India imposes a duty on the State and every citizen to protect and improve the environment. Article 48A of the Constitution states that, “The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.” Article 51A(g) states that, “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.”

The Directive Principles of State Policy and the Fundamental Duties cast an obligation on the State and every citizen to protect and improve the environment. The Hon’ble Supreme Court has observed that the right to a clean environment is a part of the right to life guaranteed under Article 21 of the Constitution of India. In the case of Subhash Kumar vs. State of Bihar and others [(1991) 1 SCC 598], the Hon’ble Supreme Court has held that the right to life includes the right to enjoy a pollution-free environment.”

Truth be told, the Bench then notes in para 22 that, “The Hon’ble Supreme Court in the case of M.C. Mehta vs. Union of India and others [(2004) 12 SCC 118] has observed that the right to a healthy environment is a part of the right to life under Article 21 of the Constitution of India.”

Simply put, the Bench states in para 23 that, “It is the duty of the State to protect and improve the environment. The Hon’ble Supreme Court in the case of Karnataka Industrial Areas Development Board vs. C. Kenchappa and others [(2006) 6 SCC 371] has held that, “Environmental protection is a fundamental duty under the Constitution and it is the duty of the State to take effective steps for the protection and improvement of the environment.”

It also merits mentioning that the Bench then notes in para 24 that, “In the case of T. Damodhar Rao vs. Special Officer, Municipal Corporation of Hyderabad and others [(1987) 1 SCC 416], the Hon’ble Supreme Court has observed that the right to a clean and healthy environment is a part of the right to life under Article 21 of the Constitution of India.”

As a consequence, the Bench then states in para 25 that, “It is evident that the right to a clean environment is a fundamental right guaranteed under the Constitution of India. The State is under an obligation to take effective steps to protect and improve the environment. The present situation calls for immediate and effective measures to address the issue of climate change and the adverse impact it is having on the lives of the people, particularly the vulnerable sections of the society.”

It cannot be lightly dismissed that the Bench then holds in para 26 that, “The Central and State Governments must take urgent and effective measures to address the issue of climate change. The adverse impact of climate change on the lives of the people, particularly the vulnerable sections of the society, cannot be ignored. The Governments must take all possible steps to mitigate the impact of climate change and ensure that the lives and health of the people are protected.”

Finally, the Bench concludes by holding in para 29 that, “List this matter on 10.07.2024. The Registry is directed to send a copy of this order to the Union Ministry of Law and Justice for taking appropriate steps for enacting the law titled ‘The Prevention of Deaths due to Heat and Cold Waves Bill, 2015’ and to the Chief Secretary of the State of Rajasthan for compliance of the directions issued by this Court.”

In conclusion, we thus see that this brief, brilliant, bold, and balanced judgment made some critical observations regarding climate change and its impact on people’s lives, particularly in light of the heatwave conditions prevailing in the country. It calls for urgent and effective measures from the Central and State Governments to address the issue of climate change and mitigate its adverse effects. This judgment is definitely a significant step towards ensuring a healthier and safer environment for the present and future generations.

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