Rajasthan High Court initiates suo motu case to 'save' citizens from extreme heatwave

The Rajasthan High Court on Thursday initiated a suo motu case to address the State government's failure to implement measures to mitigate the extreme heatwave. .Justice Anoop Kumar Dhand said that Rajasthan's upcoming summer season poses a major challenge in terms of public health but no action plan has been prepared by the State to address the escalating situation of heatwaves."Neither any efforts have been made by the State to implement the “Heat Action Plan” developed under the Rajasthan Climate Change Project in its true letter and spirit nor any steps have been taken to ensure effective implementation of the scheme ‘Strengthening Health Systems Preparedness of Heat Related Illness (HRI) in India’ and no advisory has been so far issued to the State Health Department regarding upcoming heatwaves, which is essential in the interest of public welfare," the Court said. .The Court added that the State had failed to act despite issuance of directions in a similar suo motu case initiated last year."This Court is constrained to observe that the instant case is a classic and glaring textbook example of obstinacy exhibited by the State Officials, who appear to consider themselves above and beyond the reach of law," the single-judge said.He went on to highlight the following failures:- No mechanism has been made so far by the State to sprinkle water on roads where there is heavy public movement.;- No cooling spaces or shaded areas have been provided at the traffic signals, roadside spots and in the densely populated areas; - Major traffic signals remain uncovered, offering no protection from the scorching sun and intense heat to pedestrians and commuters;- Facilities such as sprinkling water, distributing ORS packets, mango panna and other cooling relief measures have not been made available to the general public, particularly daily wage earners, rickshaw and cart pullers and porters;- No drinking water facilities have been arranged for birds and animals;- No advisories have been issued for the outdoor workers including porters, cart pullers and rickshaw drivers recommending rest periods from 12 Noon to 3 PM during peak heatwave conditions in the summer season;- Failure to take steps to issue heatwave alerts through Short Message Service (SMS), FM Radio, Television, Mobile Applications, Print/ Electronic/ Social Media, Newspapers, etc. to warn the public about extreme weather/heatwave conditions..The Court added that it cannot turn a blind eye to the situation when the people are suffering from extreme heatwave and heat strokes. "Citizens of the State cannot be treated as cattle. Every human being as well as every living being, be they animals or birds, has a right to life," Justice Dhand stated. The single-judge then proceeded to direct the State Chief Secretary to constitute a coordination committee comprising various departments to address the issues involved in the case and to prepare an action plan. .Further, the Court observed that the government cannot be allowed to take the excuse of lack of funds when it is able to spend millions on publicity campaigns, award ceremonies and other similar activities that are not necessarily in public interest. "The Government must prioritise spending its funds towards addressing public needs. Tax payers’ money should be used to frame and implement public policies in the interest of public at large. While the Government operates within the budget constraints, it must prioritise spending of public money for public needs. Transparency and public participation are essential to ensure that Government resources are used effectively in the basic interest of the public at large," it said..The Court listed the matter for hearing on April 24 along with the earlier suo motu case. Meanwhile, the authorities have been asked to show cause why following directions be not issued to them:(a) To plant trees along both sides of the roads in each and every District of the State of Rajasthan and to create green public spaces in the interest of public at large.(b) To implement the “Heat Action Plan” prepared under the Rajasthan Climate Change Project with immediate effect, in its true letter and spirit, and to effectively implement the scheme ‘Strengthening Health Systems Preparedness for Heat Related Illnesses’ and issue Advisory for the State Health Department on Heatwave Season, with immediate effect, in the interest of public at large.(c) To implement the Prevention of Deaths Due to Heat and Cold Waves Bill, 2015, in the form of an Act, and to enforce the same with immediate effect. (d) To frame a policy for implementing the interim and final directions every year, starting when the peak summer season begins and temperature exceeds 40°C. (e) To pay appropriate and suitable amount of compensation to the dependents of the victims of heatwave, who lost his/her life due to heat stroke..[Read Order]