‘Disastrous’ Heatwave: A Call-to-Action to the Government
‘Save the Earth and save the future is a crucial responsibility that arises from a combination of moral, realistic and long-term survival concerns.’
– Justice Anoop Kumar Dhand, Rajasthan High Court
The Earth is in danger. We are far past the point where statements like these are illustrations of hyperbole. We now find ourselves in an environment which reminds us everyday of the hazardous consequences of our reckless actions. This blog takes up the ‘burning’ issue of ‘heatwaves’ in India, and talks about how the existing legal framework can be utilised in order to combat this issue. Accordingly, this blog delves into the provisions of the Disaster Management Act, 2005 (DMA) in order to argue for the classification of heatwaves as a ‘disaster’ within the meaning of this Act.
The ‘Burning’ Issue
Heatwave is a period of abnormally high temperatures. The Indian Meteorological Department defines heatwave as a situation when the maximum temperature for a station exceeds 40°C for plains and 30°C for hilly areas, among other defined criteria.[1] This phenomenon has now become a cause of concern as one can tangibly feel the heat piercing through the skin as one walks out, especially in Northern India. News outlets have reported over a hundred deaths and about 25000 cases of heatstroke.[2] These are not small numbers; it is clear that the heatwave is a grave cause for concern. It should also be noted that this trend of heatwaves has been increasing year by year, with the projections showing that the temperatures will continue to rise. Therefore, this is not a temporary issue. It is an issue with long-term ramifications, and requires immediate action on part of the authorities concerned.
Save the Planet Earth: Rajasthan High Court
The Rajasthan High Court took suo motu cognisance of the pressing issue of heatwaves on 30 May 2024.[3] Rightly titling it as ‘In Re: Save The Planet and The Future Generation of this Universe’, the court talked about the importance of taking action in the face of the climate crisis that we are faced with today. In the commendable judgement, the court has noted the number of actions which have already been taken by the authorities, namely the Heat Action Plan (HAP) devised by the Disaster Management and Relief Department and Rajasthan State Pollution Control Board, the Heat Related Illness (HRI) Guidelines for Hospitals by the Ministry of Health and Family Welfare, and other relevant SoPs. However, as the court notes, a concerted action by the government to save the people from this heatwave is lacking. Accordingly, the court ordered the implementation of various measures devised so far and other interim measures like sprinkling of water, alert systems, etc.
Two important things have come out of this judgement which are specifically important. Firstly, the court observed that considering the number of deaths caused by this phenomenon, there is a need to ‘declare heatwave and coldwave as a National Calamity.’ Secondly, the court directed the government to pay compensation to the dependents of victims of heatwave, who lost their lives because of a heatstroke. Both of these issues can be resolved under the ambit of the Disaster Management Act, 2005.
How Heatwave is a ‘Disaster’
The Disaster Management Act, 2005 is a comprehensive legislation which provides for the effective management of disasters. It establishes a National Disaster Management Authority and similar authorities at the State and District levels. These bodies are responsible for the laying down of policies regarding disaster management and the coordination of the enforcement and implementation of the policy and plan for disaster management.
Section 2(d) of the DMA defines disaster as ‘a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made cause, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such nature or magnitude as to be beyond the coping capacity of the community of the affected area.’ The phenomenon of heatwaves is indeed a ‘grave occurrence’ as has been pointed out by various organisations as well as the courts. It has caused serious human suffering over the past month, including deaths. Because the issue is relatively new, governmental support is needed to combat it, as the coping capacity of the community is not adequately developed. Therefore, heatwaves fall into the definition of ‘disaster’ under the DMA.
Why it is Important
The SRDF is constituted under Article 48(1)(a) of the DMA. It is utilised for carrying out disaster management measures and providing relief assistance to victim by the State governments with respect to the notified disasters. The disasters currently covered by the Fund are cyclone, drought, earthquake, fire, flood, tsunami, hailstorm, landslide, avalanche, cloudburst, pest attack, frost and cold waves.[4] Heatwaves do not form a part of this list yet, even though the effects of heatwave are comparable to the others.
It is also worth recalling the notifying of COVID-19 as a ‘disaster’ by the Union government in March 2020, when the death toll owing to COVID-19 crossed 80. The government did so in order to provide assistance under the State Disaster Response Fund (SRDF).[5] In 2020, the declaration of COVID-19 as a ‘notified disaster’ led to the provision of ex-gratia payments of Rs 50,000/- per deceased person to the families of the COVID-19 victims until its denotification.[6] This Fund proved to be instrumental in providing relief to aggrieved families during the time of crisis.
A similar approach is required for heatwaves. Unfortunately, the fatalities due to this phenomenon have surpassed the number which prompted the relevant notification in case of COVID-19. Therefore, there is a precedent for action at this point, along with a dire urgency. The right to a healthy environment and the right to be free from adverse effects of climate change has been recognised as a constituent of the right to health which is a part of the fundamental right to life under Article 21 of the Constitution, in various of the Supreme Court, the most recent one being MK Ranjitsinh v Union of India.[7] In this judgement the court stated that the inability of communities to adapt to climate change also impacts their right to equality. This further emphasises the importance of an action by the government.
Conclusion
It is important to recognise what the issue of heatwaves is, and call it by its name – a disaster. Our country has a robust framework of disaster management in the form of DMA, and the government took active measures to utilise its provisions in order to manage an unexpected and unusual disaster COVID-19. The proposed solution addresses both the concerns of the Rajasthan High Court, namely declaration as calamity and provision of relief. It is high time to acknowledge the dangers we are facing today and counter it by such active measures again.
[1] ‘Heat Wave’ (NDMA) <https://ndma.gov.in/Natural-Hazards/Heat-Wave> accessed 6 June 2024.
[2] Jatindra Dash and Tanvi Mehta, ‘Indian heatwave kills dozens over summer, media says nearly 25,000 fall ill’ (Reuters, 3 June 2024) <https://www.reuters.com/world/india/heat-wave-kills-least-56-india-nearly-25000-heat-stroke-cases-march-may-2024-06-03/> accessed 6 June 2024.
[3] In Re: Save the Planet Earth and The Future Generation of This Universe, can be found at: https://hcraj.nic.in/cishcraj-jp/JudgementFilters/.
[4] ‘National Disaster Risk Management Fund (NDRMF) and State Disaster Risk Management Fund (SDMRF)’ (NDMA) <ndmindia.mha.gov.in/responsefund> accessed 6 June 2024.
[5] ‘India declares Covid-19 a disaster’ (HT, 15 March 2020) accessed <https://www.hindustantimes.com/india-new
s/india-declares-covid-19-a-disaster/story-2djopgw8fCgFT2xve70SEN.html> accessed 6 June 2024.
[6] Notification: Iitems and Norms of assistance from SDRF and NDRF dtd 10 Oct 2022.pdf (mha.gov.in).
[7] MK Ranjitsinh v Union of India 2024 INSC 280.