SC SEEKS CENTRE, STATES’ REPLY ON PLEA TO PREVENT HEATWAVE DEATHS, SAFEGUARD UNORGANISED SECTOR WORKERS:

On July 23, the Supreme Court of India issued a notice to the Union and State Governments, seeking their response to a public interest litigation (PIL) that demands comprehensive and enforceable measures to safeguard workers in the unorganised sector from the increasing threat of heatwaves. The petition, filed under Article 32 of the Constitution, urges the Centre and States to take urgent and coordinated action to prevent heat-related deaths and injuries, particularly among vulnerable labourers working outdoors.

The three-judge bench comprising Chief Justice BR Gavai and Justices K Vinod Chandran and Joymalya Bagchi agreed to examine the matter and formally sought responses from the governments concerned. The Court acknowledged the seriousness of the issue and recognised the need for a structured response to the growing risks posed by extreme weather conditions, especially rising temperatures.

Filed by advocate Adil Sharfuddin with assistance from Advocate-on-Record Shashank Singh, the plea underscores that India has seen a disturbing increase in heatwave-related deaths in recent years. Citing data, it highlights that in 2021, 374 deaths were recorded due to heatwaves, rising to 730 in 2022. Though the number dipped slightly to 264 in 2023, 2024 witnessed a staggering 733 deaths attributed to extreme heat. The petitioner particularly points out that Delhi experienced its highest temperatures since 2021 this year, further validating the urgency of the matter.

The plea calls for several critical interventions. These include the operationalisation of a compensation mechanism for individuals who suffer injuries or fatalities due to heatwaves, and the integration of State Heat Action Plans into the framework of the Disaster Management Act, 2005. This integration, the petitioner argues, would ensure enforceability and uniform implementation across regions. Additionally, the petition requests that the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) incorporate heat protection protocols. These would involve revised working hours, provision of protective facilities, and guaranteed wages even when work is suspended due to extreme weather conditions.

The petition also brings to light the vulnerability of a large segment of India’s workforce. According to the Ministry of Labour and Employment, around 93% of the workforce is employed in the unorganised sector. Most of these workers, the plea argues, remain outside the purview of social security coverage, despite some limited schemes targeting specific occupational groups. This lack of safety net makes them disproportionately vulnerable to heat-related illnesses and fatalities.

Referring to guidelines from the International Labour Organisation, the plea explains that heatwaves are now recognised as Occupational Safety and Health Hazards. Workers in sectors such as agriculture, construction, natural resource management, refuse collection, emergency services, transport, tourism, and sports are especially at risk. Furthermore, informal workers like hawkers, gig workers, garbage collectors, brick kiln labourers, and mine workers face severe exposure without adequate protections.

In light of these pressing concerns, the petition urges the Supreme Court to issue directions that would prompt timely and effective policy action. The matter will now proceed as the governments prepare their respective responses to the issues raised.