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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

IN RE:

SAVE THE PLANET EARTH AND THE FUTURE GENERATION

OF THIS UNIVERSE

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

ORDER

30/05/2024
REPORTABLE

By the Court:

1. 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.

2. 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.

3. On Earth, there are humans, animals, plants, water bodies,

land, mountains, dirt and so no. 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.

4. 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

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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.

5. 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 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.

6. As all human activities are impacting the lives of other

organisms, humans only need to take steps to protect the Earth

and its resources. A little effort of each individual human being will

go a long way on everone’s end. Each action will make a

difference. We will only succeed only if everyone plays a part. Let’s

take a step to provide harmony with nature and the Earth. Let

each and every individual start a movement now to restore our old

rich world.

7. 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 a safe environment. We can save the

Earth by saving the trees, natural vegetation, water natural

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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 efforts of global warming.

8. 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.

9. 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.

10. Save the Earth and save the future is a crucial responsibility

that arises from a combination of moral, realistic and long-term

survival concerns.

11. There is no purity in 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 decease like cancer, etc.

Few persons are creating all these illegal unwarranted deeds for

making easy money at the cost of life of all living beings.

12. Due to extreme weather conditions in the form of heatwave,

hundreds of people have lost their lives in this month. Every year

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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 board casted on electric 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-2004. 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.

13. Looking to large number of death due to extreme heat and

cold waves across the country, that National Disaster Management

Authority (for short “the NDMA”) started working on it. There is

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 portable drinking water and cooling

space, etc. are required to prevent deaths due to heatwave and

availability to rain baseras, woolens, medicines and food for the

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poorest of the poor may prevent death during these heatwaves

and chilling winters. This is the basic minimum which is required

to be done for the poorest of the poor in a welfare State.

14. In order to seek some solution to avoid and overcome the

above situation, a Bill i.e. “The Prevention of Deaths Due to Heat

and Cold Waves Bill, 2015” (for short “the Bill of 2015”) was

introduced in the Rajya Sabha on 18th December, 2015 to provide

for the prevention of human deaths caused by heat stroke during

summer and chilling cold during winter seasons by declaring

heatwave and coldwave as national calamity and for making

provisions for advance preparedness to face these natural

calamities immediately on predictions of meteorological

department making provision for providing woolens, setting up

night shelters, community bonfires etc. during winters and for

drinking water, ORS packets, Mango panna, cooling space and

shades at conspicuous places, free ration and other needs for the

poor homeless workers and daily wage earners during summer

and for payment of compensation to the kins of those losing lives

in heat or cold wave, as the case may be, by the Central and the

State Governments and for matters connected therewith and

incidental thereto.

15. Several provisions were inserted in the above Bill of 2015

such as on receipt of the prediction of the Meteorological Centre,

the appropriate Government shall alert its Ministries or

Departments dealing with agriculture, drinking water, social

justice, food and others, as it may deem necessary, to be ready

with their action plans to face the natural calamity and disaster,

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which may likely to be caused by such natural calamity. Several

beneficial provisions were made in the benefit of the affected

persons, but for the reasons best known to the Central

Government, in spite of passing of more than 8-9 years, till date

the said Bill has not been passed in the Houses of Parliament to

get it in the shape of a statutory Act, which can be enforced by its

implementation. The said Bill of 2015 is still lying in cold storage

and has not seen the light of day in spite of passing of almost a

decade. A downloaded copy of the Bill of 2015 is attached

herewith and marked as Annexure C/1.

16. A Heat Action Plan (for short “HAP”) was developed in the

State of Rajasthan with the advise and leadership of the Disaster

Management and Relief Department (for short “the DMRD”) and

the Rajasthan State Pollution Control Board (for short “the

RSPCB”). This ‘HAP’ was guided and supported by the experts of

the fields of weather, climate and health and related disciplines.

This HAP was supposed to be India’s first rural climate resilience

heat action plan for rural settings. Roles and Responsibilities of

various Departments were fixed. Categories of Yellow, Orange and

Red Alerts i.e. Hot Day Advisory (41-43°C), Heat Alert Day (43-

44.9°C) and Extreme Heat Alert Day (45°C and above) were

prescribed to meet every situation of the climate. Various duties of

Nodal Officers at various levels of various Departments were fixed

including the duties of Media, Press and Communication Officers.

But for practical purposes and in reality, the Rajasthan Climate

Change Project bringing Heat Action Plan has not given its correct

effect in true letter and spirit. A downloaded copy of the Rajasthan

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Climate Change Project bringing Heat Action Plan is attached

herewith and marked as Annexure C/2.

17. Thereafter, the Ministry of Health and Family Welfare (for

short “MOHFW”), Government of India brought a scheme on

18.04.2013 i.e. “Strengthening Health Systems Preparedness for

Heat Related Illness (HRI) in India” for Community Health Centre

(CHC) and District Hospitals (DH). This includes planning for Pre-

Heat Season, During Heat Season and Post Heat Season.

Similarly, provisions are meant for emergency management and

cooling for severe heat related illness and construction of

heatstroke room for emergency management of severe heat

related illnesses. But in practicality, the Government has miserably

failed to implement this scheme and provisions meant for

benefiting the heatstroke patients. A downloaded copy of the

scheme of Strengthening Health Systems Preparedness for Heat

Related Illness (HRI) in India is attached herewith and marked as

Annexure C/3.

18. Last year the Delhi Disaster Management Authority prepared

a Delhi Heat Wave Action Plan–2023 to meet out with every

situation arising out of heatwaves. Various strategies, roles and

responsibilities of the official staff and officers of various

departments were identified and fixed during pre & post and after

Heatwave Seasons to face all kinds of unwarranted situations in

the interest of public art large. A downloaded copy of the Delhi

Heat Wave Action Plan–2023 is attached herewith and marked as

Annexure C/4. The State of Rajasthan and Central Government

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are also supposed to prepare such Heat Wave Action Plans and

take all possible, sincere and serious steps in this regard.

19. Recently, the National Centre for Disease Control, Directorate

Health Services, Ministry of Health and Family Welfare, New Delhi

has issued advisory for State Health Department on Heat Wave

Season–2024 by which ‘Standard Operating Procedures’ (for short

“SOP”) has been prepared and issued to reduce the health impacts

of extreme heat and the health departments have been directed to

ensure preparedness and timely response to meet out every

situation arising out of the extreme heatwaves. A downloaded

copy of the advisory issued for State Health Department on Heat

Wave Season–2024 is attached herewith and marked as Annexure

C/5.

20. This Court has noticed that in spite of making drafts of such

action plans, the effective steps are not taken by the welfare State

in the benefit of the public at large to save them from such

extreme heatwave situation, which they are facing now-a-days.

21. Climate change is one of the more serious threat which our

planet is facing now-a-days. Temperatures have been steadily

increasing leading to heatwaves, which have affected mass people

and causing many unwanted untimely causalities.

22. Taking serious note of the situation, a suo-moto cognizance

is taken to find out speedy solution to save the citizens of the

State from drastic situation of climatic changes. Let this be treated

as a petition and registered as :

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SUO MOTO : IN RE : “Save the Planet Earth and the Future

Generations of this Universe”

Versus

1. Union of India through Ministry of Home Affairs, New

Delhi.

2. Ministry of Environment, Forest and Climate Change,

Government of India, New Delhi.

3. Ministry of Indian Meteorological Department,

Government of India, New Delhi.

4. Ministry of Health and Family Welfare, National Centre

for Disease Control, Directorate of Health Sciences, 22,
Shyam Nath Marg, Civil Lines, New Delhi.

5. National Disaster Management Authority of India, New

Delhi.

6. Department of Labour and Industries, New Delhi.

7. Department of Social Welfare, New Delhi.

8. Department of Food and Civil Supplies, New Delhi.

9. State of Rajasthan through Chief Secretary,

Government Secretariat, Jaipur.

10. Secrertary, Department of Meteorology, Government of

Rajasthan, Jaipur.

11. Additional Chief Secretary, Department of Home,

Government Secretariat, Jaipur.

12. Disaster Management and Relief Department,

Government of Rajasthan, Jaipur.

13. Additional Chief Secretary, Department of Public Works

& Health Engineering, Jaipur.

14. Additional Chief Secretary, Department of Forest,

Jaipur.

15. Additional Chief Secretary, Department of Horticulture

and Public Works Department, Jaipur.

16. Additional Chief Secretary, Department of Air, Work

Pollution Control, Jaipur.

17. Chairperson, Rajasthan State Pollution Control Board,

Jaipur.

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23. The Chief Secretary of the State of Rajasthan and Under

Secretary of Ministry of Home and Health are directed to

constitute Committees of various Departments under the

Chairmanship of the Additional Chief Secretary or Principal

Secretary of each Department to look into the matter and take

immediate and appropriate steps for effective implementation of

Heat Action Plan prepared under the Rajasthan Climate Change

Project and various schemes prepared for Strengthening Health

Systems Preparedness for Heat Related Illnesses and for

plantation of trees, conservation of water, forest and electricity,

etc.

24. Looking to the fact that large number of persons have lost

their lives due to extreme heatwaves and heat strokes during

summers and chilling cold during winters, it is high time for the

Governments to bring appropriate legislation and enact the

statutory Act arising out of the Prevention of Deaths Due to Heat

and Cold Waves Bill, 2015. This Court directs the Registry that a

copy of this order be forwarded to the Ministry of Law and Justice,

Union of India, New Delhi as well as to the Principal Secretary,

Department of Law and Legal Affairs, Government of Rajasthan,

Jaipur for such an action as they may deem fit to take in this

behalf on the issues involved in this matter.

25. A year before last, the citizens of the State have witnessed

that there was huge rainfall during rainy and monsoon season and

the Government authorities were not having sufficient places,

dams, etc. for storage of rainy water. Due to such inaction on the

part of the State authorities, billions gallons of water was wasted.

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26. It is expected from the Government authorities to take

immediate steps for construction of water bodies near the dams,

etc. to save the rainy water in future and make all sincere

endeavours to take all possible steps for maximum plantation

across the State.

27. By an interim measure, looking to 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 huge movement

of public at large is there.

(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 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.

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(iv) The Department of Health is directed to provide all

possible facilities at all the Health Centers for 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 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 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.

28. Certain more appropriate directions would be issued on the

next date of hearing.

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29. The Senior Advocates Mr.R.N.Mathur, Mr.A.K.Sharma,

Mr.Kamlakar Sharma, Mr.R.K.Agarwal, Mr.A.K.Bhandari,

Mr.S.K.Gupta, Mr.Ashok Mehta, Mr.R.P.Singh, Mr.Vivek Bajwa, the

Chairman/Vice-Chairman of the Bar Council and the President of

the Bar Associations are requested to assist this Court for taking

appropriate steps and issuing suitable directions for this pious

public cause.

30. The Advocate General Mr.Rajendra Prasad, Mr.Bharat Vyas,

Additional Advocate General and the Additional Solicitor General

Mr.R.D.Rastogi are also requested to assist this Court on behalf of

the State and Central Government respectively. The Registry is

directed to immediately register this matter as a Suo-Moto Public

Interest Litigation, in the name and style mentioned above.

31. Issue notice to the respondents. A copy of this order along

with annexures be supplied today itself in the office of the

Advocate General and the Additional Solicitor General, for

necessary compliance. Similarly, a copy may be supplied in the

office of all the respective Senior Advocates, named above.

32. The Registry is further directed to list this matter before the

appropriate Division Bench having roster of ‘Public Interest

Litigation’ on 01.07.2024.

(ANOOP KUMAR DHAND),J

Solanki DS, PS

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