Intensifying Heatwaves in Rajasthan: Constitutional Analysis of India’s Environmental Laws and Climate Adaptation Gaps

From the very beginning

Over the course of the past decade, the state of Rajasthan has witnessed a steady rise in the severity of heatwaves as well as an increase in the frequency of these occurrences. There has been an increase in the frequency of temperatures that are higher than fifty degrees Celsius, which has led to the loss of lives, serious health crises, and difficulties for the economy.

The law provides ways for reducing and adapting to these changes, notwithstanding the fact that scientific study has shown a connection between these extremes and modifications to the global climate.

As the constitutional framework and environmental legislation of India are investigated in further detail, it is discovered that there are major requirements, but there are also evident gaps, in the area of addressing heat stress in regions that are prone to it, such as Rajasthan.

Rajasthan is experiencing an increase in the frequency of heatwaves.

In comparison to the past, heatwaves in Rajasthan now begin earlier and last for a longer period of time than they may have in the past. Agriculture, water supply, and day-to-day life have all been disrupted as a result of prolonged periods of exceptionally high temperatures in specific places, such as Barmer, Jaisalmer, and Bikaner.

These regions have also seen prolonged periods of this phenomenon. As a consequence of the constant attack of solar radiation, the levels of groundwater in rural regions that are dependent on wells and boreholes experience a significant fall from their previous levels.

When it comes to cooling, urban centers from Jaipur to Jodhpur are experiencing a surge in the demand for electricity, which is causing power outages and health emergencies. This growth in demand is leading the demand for electricity to increase.

When these tendencies are taken into consideration, it becomes abundantly evident that there is an immediate need for regulatory measures that go beyond the management of pollutants and encompass climate adaptation and resilience as well.

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Apart from the Directive Principles, the Right to Life is also very important.

It is guaranteed to every individual that they have the right to live their life with dignity, as stated in Article 21 of the Constitution of India. These rights have been expanded by legal interpretations to include the protection of health as well as the upkeep of a clean environment when they were originally established.

The responsibility to “protect and improve the environment and to safeguard the forests and wildlife” is a duty that is entrusted to the state under Article 48A of the Constitution. As stated in Article 51A(g), the people are expected to “protect and improve the natural environment,” which is an additional fundamental obligation.

This commitment is enforceable by the government. These regulations, when taken as a whole, constitute a constitutional need to address environmental conditions that pose a threat to life itself, including instances of extreme heat. This requirement covers a wide range of environmental issues.

An Investigation into the Environmental Protection Act and the Deficits That It Contains

According to the provisions of Section 3 of the Environment (Protection) Act of 1986, the central government is granted the ability to take any and all measures that are required to safeguard and enhance the quality of the environment.

This authority will allow the government to protect and improve the environment. The establishment of standards for the emission or discharge of pollutants is made possible by Section 6, and Section 8 develops a framework for emergency response in the event of accidents or environmental disasters.

Both of these sections are included in the Environmental Protection Agency (EPA). However, the Air (Prevention and Control of Pollution) Act does not consider heatwaves to be a pollutant, nor do they trigger the emergency measures that are included in the Act. Heatwaves are not regarded to be a pollutant.

Section 2(d) of the Air Act contains a definition of “air pollutant” that is quite restrictive. On the other hand, Sections 21 and 22 of the Air Act are only concerned with the management of industrial emissions. As a result of this, legal systems do not see extremely high temperatures as a hazard to the environment that necessitates the intervention of regulatory agencies.

In addition to the Disaster Management Act, there are measures to adapt to disasters.

It is possible to make use of the framework that is provided by the Disaster Management Act of 2005 when it comes to the planning and response to natural disasters. In line with Section 11, the National Disaster Management Authority is obligated to prepare a comprehensive national plan that handles all types of disasters, including those that are caused by biological or environmental phenomena.

This plan must be able to address all types of disasters. In accordance with Section 23, each state is obligated to develop its own disaster management strategy within its borders. Heatwaves, on the other hand, are seen as a secondary concern in the State Disaster Management Plan for Rajasthan, which places them in the category of “meteorological disasters.”

There are no specialized plans for early warning, public cooling shelters, or community engagement that are included in this document. As a result of the fact that Section 30 does not provide any specific instructions for heat action plans, local authorities are placed in a condition of uncertainty regarding their obligations and resources.

There is a lack of action and implementation on the part of the state.

In accordance with the public health legislation of the state of Rajasthan, such as the Rajasthan Public Health Act, 2020, it is the responsibility of the municipalities in the state to guarantee that they have access to clean drinking water and hygienic circumstances.

However, the application of Sections 12 and 16 is not uniform, particularly in rural areas where administrative capability is limited. This is especially the case. The Building Bye-Laws of the state, which were established in compliance with the Rajasthan Urban Improvement Act, do not include any of the necessary standards for a design that is either heat-resistant or environmentally friendly.

Section 11 of the Building Code of India, which addresses energy conservation, is still regarded as a voluntary provision rather than a necessary one. Due to the fact that there is no legal necessity to apply passive cooling solutions, such as the utilization of high-albedo materials or natural air and ventilation, the problem of urban heat islands continues to be made worse by new development.

Regulatory gaps in the water and energy industries of the United States

There is a rise in the demand for both water and power as a consequence of the extremely high temperatures. The Rajasthan Water Resources Planning and Management Act of 2013 provides the state with the authority to regulate the extraction of groundwater.

This authority is granted to the state in accordance with Sections 4 and 5. There is a continued proliferation of illegal tube wells, which is causing a considerable depletion of aquifers. The enforcement of the legislation is ineffectual in practice.

However, despite the fact that the Electricity Act of 2003 mandates reliability in accordance with Section 42, it does not take into account surges in peak load that are brought on by heatwaves.

Due to the fact that the act regulates the supply of electricity, this is the case. The unpredictability of the supply makes hospitals, cooling facilities, and families vulnerable during heat emergencies.

This is because of the fact that the supply is unpredictable. The absence of regulatory requirements for priority power delivery during times of public health emergency exposes a fundamental gap in the regulations that regulate adaptation. This gap is underlined by the fact that there is no such obligation.

The imperative nature of making preparations for climate resiliency

As a result of the extreme weather that has occurred in Rajasthan, it has become clear that the existing legal frameworks for environmental protection and disaster management need to be modified in order to effectively address the problem.

According to the principles outlined in the Constitution, the state is obligated to adopt measures in order to safeguard both life and health. It is recommended that heatwaves be categorized as environmental dangers in accordance with the Environment Protection Act and the Air Act.

This would result in the establishment of emergency protocols and standards. Statutes pertaining to the environment ought to be amended so as to incorporate this classification. The Disaster Management Act should be clarified by adopting rules under Section 78 that mandate the implementation of heat action plans at the state and district levels.

This is a recommendation that has been made. It is recommended that these strategies incorporate early warning systems as well as public outreach efforts. Explicit mandates for heat-resilient urban development must to be incorporated into municipal rules, and there ought to be support for these demands from enforcement agencies in accordance with Section 225 of the Rajasthan Municipalities Act.

Promoting the Empowerment of Local Communities via Facilitation

It is necessary to provide those who are most affected with more agency in order to achieve true adaptation. It is in accordance with the 73rd Amendment that the Panchayati Raj Institutions of Rajasthan have been granted constitutional standing, and the functions that they do are outlined in Part IX of the Constitution.

In accordance with Section 95 of the Rajasthan Panchayati Raj Act, which was enacted in 1994, local authorities have been given the ability to plan for health and sanitation. The adaptation to climate change, on the other hand, is hardly ever mentioned in these agendas. Ensuring that local activities for water conservation, tree installation, and community shelters are carried out can be accomplished by mandating the inclusion of heatwave preparedness in gram panchayat plans.

This would allow for the implementation of these initiatives. Guidelines established by the state in accordance with Section 39 of the Disaster Management Act lend support to this. In accordance with the legislation outlined in Section 46, these activities would be improved if they were to get financial and technical support from state catastrophe funds.

Heatwaves that are getting worse in Rajasthan pose a direct threat to the constitutional right to life as well as the environmental duties of the Punjab state government. Heatwaves are a natural phenomenon that occurs in Rajasthan.

However, despite the fact that they offer a framework, India’s environmental and disaster laws are not adequate to counteract the effects of climatic extremes in an efficient manner. Both the recognition of heatwaves as environmental hazards and the adoption of adaptation measures into statutes, ranging from the Environment Protection Act to municipal building requirements, are significant milestones.

Heatwaves are among the environmental risks that have been identified. The enforcement of water and electricity legislation should be strengthened during times of heat emergency in order to preserve people’s livelihoods as well as their health.

It is feasible to bridge the gap between the policies of the state and the requirements of the community by empowering local bodies through constitutional provisions. This would allow for a more harmonious relationship overall.

To ensure that every individual in Rajasthan is able to live with dignity, even when the sun is at its most intense, the legislation needs to transition from broad environmental ideals to specific adaptation measures in response to rising temperatures. This is necessary in order to guarantee that every person in Rajasthan is able to thrive.