Judgment Intelligence
OtherSuo Motu: In Re Beat the Heatwave and Climatic Change to Save the Life of Public at Large v. Union of India & Ors.
Civil Writ Petition No. 5916/2025 (Suo Motu PIL)
- Court
- Rajasthan High Court
- Date of Decision
- 17 April 2025
- Bench
- Justice Anoop Kumar Dhand
- Relevant Acts & Sections
- Prevention of Deaths Due to Heat and Cold Waves Bill, 2015 (a Bill, not enacted); Heat Action Plan under the Rajasthan Climate Change Project
Final Outcome
Petition registered as Part-II of the 2024 PIL and listed for 24.04.2025 (paras 18, 20, 30). On 05.05.2025 a Division Bench held that cognizance of an issue already pending in that PIL "was not called for" and closed the petition; the 2024 PIL itself was closed on 30.06.2025.
Key holdings
- The Chief Secretary must constitute a coordination committee and prepare an action plan to implement the Heat Action Plan and heat-illness schemes (para 19).
- Interim directions reiterated: cooling spaces and shade with drinking water, ORS and mango panna; facilities at all health centres; an advisory letting open-air workers rest from 12 noon to 3 PM; alerts by SMS, radio, TV and media (para 22).
- The directions apply in every District and Village; respondents and District Collectors must report compliance (paras 23, 26).
- Show-cause notice on proposed directions: roadside tree planting, implementing the Heat Action Plan, enacting the 2015 Bill, a yearly policy once temperatures exceed 40°C, and compensation for victims' dependents (para 25).
Brief Facts
On 30.05.2024 the High Court had taken suo motu cognizance of heatwaves in D.B. Civil Writ Petition No. 9470/2024 and directed committees to implement the Heat Action Plan, urging legislation based on the Prevention of Deaths Due to Heat and Cold Waves Bill, 2015 (paras 5-6). On 15.07.2024 a Division Bench treated those directions as interim measures that would lose efficacy and sought the State's response (paras 8-9). Noting temperatures of 45°C, a 50.5°C reading in Churu and 733 reported heat-stroke deaths across 17 States in 2024 (paras 1-2), the single judge registered a suo motu petition on 17.04.2025 against the Union, the NDMA and Rajasthan departments (para 18).
Court's Findings
The Court found that, more than ten months after the Division Bench order, the State had prepared no action plan for the escalating heatwaves, had not implemented the Heat Action Plan under the Rajasthan Climate Change Project or the scheme on health-system preparedness for heat-related illness, and had issued no advisory to the State Health Department (para 10). There was no mechanism to sprinkle water on busy roads, no cooling spaces or shade at traffic signals, no ORS or mango panna for daily wage earners, no drinking water for birds and animals, no rest-period advisory for outdoor workers and no heatwave alerts (para 11). Holding that "Citizens of the State cannot be treated as cattle", the Court said every human being and every living being has a right to life (para 12). A welfare State and its officials cannot escape liability for heatwave casualties (para 13). It called the non-compliance of the 30.05.2024 order "both shocking and prima-facie contemptuous" (para 15). Lack of funds is no excuse when the Government spends heavily on publicity and award ceremonies (para 24).
Legal Principle
The State's duty to protect life includes preparing for foreseeable heatwaves. A welfare State and its officials cannot escape liability for casualties caused by extreme heat, and lack of funds is no answer when public money must be prioritised for public needs such as saving human lives (paras 12-13, 24).
