Legislative Vacuum in India’s Heat Crisis

While extreme heat is expanding across India, legal and policy gaps limit the availability of protection, relief, and adaptation measures for millions of people.

Heat Risk in India

Rising Exposure: Over 57% of India’s districts are now classified as heatwave-prone areas.
Record Heat: India experienced one of its hottest years in 2024–25 with extreme temperatures.
Informal Workforce: Nearly 400–490 million informal workers lack heat protection & cooling access.
Productivity Loss: Every 1°C rise above 25°C reduces outdoor labour productivity by 2–3%.

Rising Heat as a National Crisis

Geographic Expansion: Heatwaves have spread beyond traditional regions (north and north-west India) to coastal and temperate areas.
Widespread Exposure: Over 57% of Indian districts are now classified as heat-prone, reflecting large-scale vulnerability.
Early Summer: Regions like Himachal Pradesh are experiencing early summer temperatures.
Systemic Crisis: Heat is no longer a seasonal phenomenon but a national challenge affecting diverse geographies and populations.

A heatwave is a prolonged period of abnormally high temperatures compared to a region’s normal climatic conditions.
IMD currently classifies heatwaves if the maximum temperature reaches ≥40°C in plains (≥30°C in hills) and is 4.5°C–6.4°C above normal, or ≥45°C irrespective of normal.

Thermal Inequality & Thermal Injustice

Class Divide: Rich people mitigate heat through private cooling access, while 400–490 million informal workers (i.e. gig & sanitation workers) remain unprotected.
Cooling Autonomy: Workers such as construction labourers, street vendors, and delivery agents lack control over heat exposure.
Survival Trade-off: Informal workers are forced to choose between health & safety and earning a daily income under extreme heat.

Determinants of Extreme Heat Impact in India

Labour Informalisation: Large informal workforce lacks cooling access and heat protection. E.g., Construction and street workers operate in extreme heat without regulated breaks.
Institutional Gaps: Existing labour and disaster laws inadequately address the risks of outdoor heat stress. E.g., OSHWC Code, 2020 does not mandate enforceable heat safety standards.
Climate-Caste Nexus: Marginalised groups face higher exposure due to low-status, hazardous occupations. E.g., Sanitation workers and waste pickers work in extreme heat and toxic conditions.

Legal & Policy Gaps in India’s Heat Crisis

Limited Legal Coverage: The Factories Act, 1948, protects only indoor working spaces, excluding outdoor and informal workers.
Non-Mandatory Standards: The Occupational Safety, Health and Working Conditions Code, 2020, includes heat safety standards but does not mandate enforceable ones.
Disaster Classification: Heatwaves are not included in the Nationally Notified Disaster list, limiting institutional response.
Funding Issue: States face a “10% SDRF cap” on non-notified disaster relief, restricting financial relief for heat-related impacts.
Advisory Nature: Heat action plans are non-binding advisories, not legally enforceable obligations.
Data Limitation: The absence of a heat-index-based legal trigger hampers the accurate assessment of heat-stress conditions.

Way Forward to Address Thermal Injustice

Disaster Recognition: Include heatwaves in the Notified Disaster list (16^th Finance Commission recommendation) to unlock funding.
Heat Index: Use temperature & humidity (Heat Index) for accurate heatwave classification; currently, IMD classifies heatwaves based on maximum temperature and deviation from normal.
Legal Mandates: Notify binding heat safety rules under OSHWC Code (work-rest cycles, PPE).
Right to Cool: Recognise cooling access as a fundamental right under Article 21.
Urban Measures: Establish cooling shelters and free public water kiosks via urban local bodies.
Gig Worker Protection: Ban delivery penalties during heat alerts to ensure worker safety.
Financial Support: Introduce income compensation and heat insurance models. E.g., SEWA scheme.

Strong heat governance and labour safeguards are essential; PM Modi emphasises “Sabka Prayas,” highlighting collective effort for climate adaptation and worker protection.

Reference: The Hindu | PMFIAS: Heatwave: Causes & Impacts

PMF IAS Pathfinder for Mains – Question 639

Q. Discuss how the absence of legally enforceable standards in India’s heat action plans undermines effective climate adaptation. Suggest measures to institutionalise accountable and enforceable heat governance mechanisms. (150 Words) (10 Marks)

Approach

Introduction: Write a contextual introduction about the rising heatwaves in India.
Body: Write how the absence of legally enforceable standards in India’s heat action plans undermines effective climate adaptation and suggest measures to institutionalise accountable and enforceable heat governance mechanisms.
Conclusion: Emphasis on an accountable and enforceable heat governance to ensure climate resilience and equity.