Introduction
India is experiencing a rapid escalation in extreme heat events, with policy experts warning that the absence of a comprehensive legal and policy framework is transforming heatwaves into a systemic socio-economic and human rights crisis.
Scale of the Heat Crisis
- 57% of districts (housing 76% of the population) face high to very high heat risk
- 400-490 million informal workers possess zero "cooling autonomy"
- In 2024, India lost 247 billion labour hours and approximately USD 194 billion in income due to extreme heat
- Urban heat island effect intensifies temperatures in densely built neighbourhoods
Thermal Injustice: The Demographic Divide
Factors Creating Thermal Inequality
- Poverty and overcrowding in informal settlements
- Weak infrastructure and inadequate public services
- Impacts sharply divided along class, caste, and gender lines
Disparity in Cooling Access
| Better-off Households | Poorer Households |
|---|---|
| Air-conditioning | Limited fans |
| Insulated housing | Shade |
| Backup power | Inadequate public cooling infrastructure |
| Private transport | No cooling autonomy |
Impact on Informal Workers
- Construction workers: Face radiant heat from steel and concrete
- Sanitation workers and waste pickers: Handle heated waste materials without protective gear
- Street vendors: Dual crisis of health deterioration and income loss
- Gig economy workers: Algorithm-driven pressure to meet delivery timelines during extreme heat
India Cooling Action Plan (ICAP)
Overview
- Launched in 2019 by Ministry of Environment, Forest and Climate Change (MoEFCC)
- First country in the world to develop a comprehensive national policy addressing cooling requirements
- Cooling demand projected to increase eight-fold by 2037-38
- Provides 20-year perspective (2017-18 to 2037-38)
Core Targets (Baseline: 2017-18)
- Reduce cooling demand across sectors by 20-25%
- Reduce energy requirements by 25-40%
- Reduce refrigerant demand by 25-30%
Kigali Amendment Compliance
Under the Kigali Amendment to the Montreal Protocol, India will phase down Hydrofluorocarbons (HFCs):
- 10% reduction by 2032
- 20% reduction by 2037
- 30% reduction by 2042
- 85% reduction by 2047
Legal and Policy Gaps
1. Exclusion from Disaster Framework
- Heatwaves not notified as disaster under Disaster Management Act, 2005
- States limited by 10% SDRF cap for heat relief
- No access to National Disaster Response Fund (NDRF)
2. Inadequate Labour Laws
- Factores Act, 1948: Only protects indoor workers, ignoring outdoor sectors
- OSHWC Code, 2020: Does not mandate heat safety standards; leaves it discretionary
- Millions of agricultural and construction workers remain unprotected
3. Weak Heat Action Plans (HAPs)
- Remain largely advisory rather than enforceable
- Lack legal backing, dedicated funding, and implementation mechanisms
- No binding obligations for cooling shelters or public water access
4. Measurement Deficiencies
- Current classification relies on dry-bulb temperature only
- Ignores humidity (Heat Index)
- Coastal areas with high humidity face severe heat stress without official response
Supreme Court Recognition
In M.K. Ranjitsinh & Ors. v. Union of India & Ors (2024), the Supreme Court recognized that protection from adverse effects of climate change is a fundamental right under Article 21.
Recommended Measures
Legislative Reforms
- Notify heatwaves as national disaster: Accept 16th Finance Commission's recommendation to include heatwaves and lightning in the Notified National Disaster list for 2026-31
- Transition to Heat Index: Combine temperature and relative humidity as primary legal trigger for declaring heatwaves
- Enforce binding safety rules: Mandate protected work-rest cycles under Section 23 of OSHWC Code
- PPE obligations: Make specialized Personal Protective Equipment a non-negotiable employer requirement
Gig Economy Protection
- Prohibit delivery time penalties during heat alerts
- Ensure statutory thermal safety net regardless of contractor status
- Mandate penalty waivers, hazard pay, and rest periods
Right to Cool
- Urban Local Bodies must ensure access to cooling shelters
- Free public water facilities as part of right to life under Article 21
Financial Mechanisms
- Provisions for income compensation on extreme heat days
- SEWA's parametric heat insurance scheme as blueprint for innovative models
Heat Index Explained
The heat index is the "feels-like" temperature combining air temperature and relative humidity:
- High humidity: Reduces sweat evaporation, making body feel hotter than actual temperature
- Low humidity: Allows faster cooling, making it feel cooler
- As both temperature and humidity increase, heat index rises, increasing risk of heat-related illnesses
Constitutional and Legal Provisions
- Article 21: Right to life and personal liberty (Supreme Court expansion to include climate protection)
- Disaster Management Act, 2005: Current exclusion of heatwaves
- Factories Act, 1948: Limited to indoor workers
- OSHWC Code, 2020: Discretionary heat safety provisions
- Montreal Protocol and Kigali Amendment: HFC phase-down schedule