Right To Cool And Its Implications On Indian Workforce: A Statutory Gap

Right To Cool

It is a novel concept that takes into account the protection of people, particularly the vulnerable and disadvantaged labor force, from the cascading effects of the extreme heat waves and local hot winds. The increased temperature caused by global warming affects the human population but the informal sector's workforce is most affected as the high intensity work and direct contact to heat waves make them susceptible to distress. Right to Cool means having access to sustainable cooling measures and resources for securing one's physical and mental health.

Right To Cool And Constitutional Morality

Constitutional morality is a concept which provides for interpretation of the provisions of the Constitution, keeping in mind the changing needs and values affecting the society. It also ushers for continuous and developing thoughts ascribed to the provisions, keeping in mind the foundational principles behind it. Disparities in providing cooling resources should be seen as violating basic human rights,^[2] because it denies a dignified life, humane working conditions, public health and; social and economic justice. These ideas align with constitutional morality and principles, so the Right to Cool should be granted a constitutional status.

Right To Cool Vis-A-Vis Indian Constitution

Article 21 of the Constitution of India encompasses within its ambit bundles of new rights ranging from right to sleep to its newest addition of the right to privacy. This article states that “No one shall be deprived of his life and liberty except in accordance with procedure established by law”; here, life does not mean mere animal life but extends beyond it, which means life with dignity.^[3] So Right to Cool can be interpreted under Article 21 so as to raise the standard of living of the Indian workforce by recognizing it as a fundamental right. Though Article 21 is worded in negative language, which bars any interference with human life and liberty without the existence of valid law, it also casts an affirmative duty upon the state to protect its citizens from violation of their rights from state as well as non-state factors and probably includes those who are employing workers in informal sectors. Under Article 21, the right to live with dignity is guaranteed, which means access to all basic necessities of human life and a decent standard of living. In Parmanand Katara v. Union of India & Ors,^[4] right to health was recognized as a fundamental right. In the recent case of M.K. Ranjitsinh & Ors v. Union of India & Ors^[5], the Supreme Court has recognized the right to remain free from the adverse effects of climate change as a fundamental right under Article 21 of the Constitution of India. Thus, it can be contemplated that Right to Cool in relation to the informal workforce can be interpreted under the term “life and liberty” in Article 21 so as to give it a dynamic path in consonance with changing needs and demands of the society, thus ushering in “Climate justice” which means supporting those least responsible yet most impacted by rising temperatures. The Article 39 Clause (e) also casts a directive on the State to assure the health of the labourers.

Right To Cool And Labour Class Of India:

According to the Economic Survey, 2024-25, as of 31^st December 2024, more than 30.51 crore workers have been registered under the eShram portal, and among these, 53 percent are women workers,^[6] this data shows how enormous the Indian unorganized sector is. The unorganized sector includes workers on daily wages, vulnerable classes like low-income groups, laborers working particularly in rural India, street vendors, rag pickers, and construction laborers. The working conditions of the workforce in the unorganized sector are not at par with those of working in the organized sector. It is often seen that whenever the summer season starts, businesses of these classes gets affected due to unfriendly working environments, as many of them are not willing to work due to excessive heat waves, non-availability of drinking water, lack of shaded areas for rest, and no provision for paid heat leave. Among those, women are the most unfairly burdened. According to projections by the International Labor Organization (ILO), occupational heat stress is expected to result in a global loss of approximately 2.2% of total working hours and an estimated 880,000 work-life years by the year 2030.^[7] Thus, extreme need is felt to give Right to Cool a legal recognition so as to protect India's informal workforce during the extreme summer months.

Effect Of Heat Waves On Informal Sector

· Health Effects: Exposure to heat waves affects the health of the workers by causing dehydration, heatstroke, mental distress, and chronic illnesses such as kidney damage, liver problems, skin cancer, and even death.

· Financial Effects: Due to heat waves and soaring temperatures it is found that informal sectors are reluctant to do their work, especially when it is done fully mechanically; thus they face loss of income, and this ultimately cost the survival of the family.

· Economic Imbalance: According to the report of National Accounts Statistics, the informal sector has a share of about 45% to the total GDP of the economy in 2022-23. As per the Periodic Labour Force Survey (PLFS), about 61% of women workers in the non-agricultural sector are working in informal sector enterprises in 2023-24.^[8] Thus, if they are denied a friendly environment in the work place it will ultimately lead to a decrease in their productivity as well as efficiency, thus reducing their share in Indian service sectors.

· Social Equity: This problem augments the social inequalities that expose certain populations like the poor, disabled, old, women, and children more vulnerable to the impacts of extreme heat.

Enforceability Of Right To Cool Under Indian Constitution

Time and again the Indian Supreme Court has interpreted various rights, including 3^rd generation rights, under the realm of Article 21 of the Constitution. So far as the enforceability of such rights is concerned, they can effectively be claimed against the State under the writ jurisdiction of the Supreme Court and High Courts under Articles 32 and 226, respectively, but the problem arises when the question of their enforceability against non-state actors comes before the court. In Kaushal Kishore v. State of Uttar Pradesh,^[9] the Supreme Court has given relief even against non-state actors like private institutions and individuals by using their powers under their writ jurisdiction. As the case of the informal workforce generally comes against non-state actors or private entities, their enforcement becomes an arduous task. The general procedure for the enforcement of fundamental rights against private actors is the making of a law under Article 35(a)(ii) of the Constitution, as without such statutory law, its enforcement is not possible. A lackadaisical approach, both from Parliament and the State Legislature in formulating legislation for the enforcement of fundamental rights against private entities adds more agony to the already perturbed mind of the informal workforce. Thus, this statutory gap should be filled, and the Right to Cool should be recognized under the umbrella of Article 21 of the constitution.

Measures To Be Taken To Palliate The Effects Of Heat Waves On The Informal Workforce

As a welfare state, it is expected that India should take care of its citizens and take all steps and measures that promote health, standard of living and ensure dignified life, thus obligating state machinery to adopt these measures.

· Arrange a place for rest during daytime near marketplaces, workplaces, construction sites, etc.

· Paid heat leave is available during peak temperature days.

· Accessible public toilets and hygienic surroundings.

· Affordable public transport for commuting.

· Cool roofs, i.e. shaded canopies made from heat-reflective materials.

· Installing free water ATMs near labor hubs from which anyone can drink water.

· Providing cooling stations, which should be well equipped with fans and basic first aid facilities.

· Providing personal protective equipment for workmen.

· Limited working hours, thus limited exposure to heat.

· These facilities should be equally accessible to the woman workforce.

· The workplaces need to be child-friendly by securing their safety.

· Compulsory afforestation must form a part of urban planning, and it should be a task for the government agencies, as it could mitigate the ill effects of climate change and heat waves.

· Lastly, those who are responsible for climate change should be made accountable through the Polluter Pays Principle.^[10]

Heat waves are no more just weather events but disasters for informal sector, and as the prediction of more heat waves across the nation is made this summer, it is incumbent upon top courts to declare the Right to Cool as a fundamental right under Article 21 of the Constitution with the direction to the government to make effective statutory laws for its enforcement against private entities, thus ensuring justice to reaches the door of the aggrieved.

The author is a Research Scholar at Faculty of Law, Banaras Hindu University . Views are personal