Justice Anoop Kumar Dhand, Rajasthan High Court
Glaring Textbook Example Of Obstinacy Exhibited By State Officials: Rajasthan High Court Takes Suo Motu Cognizance Of Heatwaves In State; Orders Action Plan For Heatwaves
|The Rajasthan High Court directed the formation of a committee and the preparation of an action plan to address the escalating heatwave situation in the State.
The Rajasthan High Court took suo-moto cognizance to find a speedy solution to “save the citizens of the State from the extreme heatwave situation.”
The Court pointed out the “glaring textbook example of obstinacy” exhibited by the State Officials’ inaction and for “sleeping over the current emergent situation of heatwaves.” The Court directed the formation of a coordination committee and the preparation of an action plan to address the escalating heatwave situation in the State.
A Single Bench of Justice Anoop Kumar Dhand remarked, “Public at large cannot be said to be affected and annoyed on account of inaction of the Government Authorities. This Court cannot turn a blind eye to these factors and attributes. The people of the State are suffering from extreme heatwaves 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.”
The Bench expressed serious concern about the State's inaction in implementing measures to protect the public from extreme heatwaves. The court noted that temperatures are breaking records globally, with Rajasthan experiencing increasingly severe heat, potentially exceeding 50∘C in some areas.
The Bench pointed out the lack of implementation of the "Heat Action Plan" under the Rajasthan Climate Change Project and the scheme for 'Strengthening Health Systems Preparedness of Heat Related Illness (HRI) in India'. The Court also pointed out the absence of basic amenities such as cooling spaces, shaded areas, drinking water facilities, and advisories for outdoor workers.
The Bench remarked, “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 non-compliance of the order dated 30.05.2024, even after a lapse of almost 10 months, is both shocking and prima-facie contemptuous.”
“Looking to the overall facts and circumstances and taking serious note of the situation, a Suo-Moto cognizance is required to be taken to find out speedy solution to save the citizens of the State from the extreme heatwave situation,” the Court held.
The Bench also remarked, “The respondent-departments of the Government cannot be allowed to take the excuse that there are no available funds to spend for implementing the interim directions issued by this Court, especially when the Government is able to spend substantial funds, running in millions, on its publicity campaign, conducting various award ceremonies and other similar activities that are not necessarily conducted in the public interest.”
Consequently, the Court ordered, “The Chief Secretary of the State of Rajasthan is directed to constitute a coordination committee comprising of various departments to address the issue involved in this petition and to prepare an action plan for immediate and appropriate steps for effective implementation of the Heat Action Plan, prepared under the Rajasthan Climate Change Project and the various schemes prepared to strengthen Health Systems Preparedness for Heat Related Illness, etc.”
Cause Title: In The Matter Of “Beat The Heatwave And Climatic Change To Save The Life Of Public At Large. (CW/5916/2025)