Mother Earth is urging a call to action: Rajasthan High Court takes suo motu cognisance of extreme heatwave

Rajasthan High Court Image source: https://hcraj.nic.in/hcraj/

The Rajasthan High Court on Wednesday took suo motu cognisance of the extreme heatwave across the country, and called upon the Central and State governments to take remedial steps to address climate change. [Save the Planet Earth and the Future Generations of this Universe v. Union of India and Ors.]

Justice Anoop Kumar Dhand issued the following immediate measures to be taken by the State government to address the growing number of deaths due to heatstroke:

  • Implement the “Heat Action Plan” prepared under the Rajasthan Climate Change Project with immediate effect
  • Sprinkle water on busy roads.
  • Provide cooling spaces, shades, and facilities like drinking water, ORS packets, and mango panna at traffic signals and spots along roads and highways to help the general public, daily wage earners, rickshaw or cart pullers, porters, birds, and animals avoid heat stroke.
  • The Department of Health is directed to provide all possible facilities at all health centers for treatment of heat wave patients.
  • 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.
  • Issue alerts in the form of SMS, FM, Radio, Television, Mobile apps, Print and Electronic Media, Newspapers, etc. to alert the people about the extreme heatwave conditions.
  • Pay appropriate and suitable amount of compensation to the dependents of the victims of heatwave, who lost his/her life due to heat stroke.
  • Bring suitable legislation to save human and living beings from the pollution and consumption of adulterated food items.

The Court also 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 day. To this end, it asked its Registry to send a copy of this order to the Union Ministry of Law & Justice.

Government authorities were also asked to take immediate steps for construction of water bodies near dams to save rain water.

The Court began its order lamenting the effects of man-made climate change, stating,

“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…

…If we do not take strict action now, we will lose the chance of seeing out future generations flourish forever. Everyone must come together for the same cause, as we are inhabitants of this planet firstly and then anything else.”

Highlighting the issue of climate change and how the less privileged often fall prey to extreme temperatures, the Court said,

“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.”

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