NAPM demands moratorium on punitive enforcement during heat wave

Political & Constitutional Dimensions: The NAPM’s demand invokes the State’s constitutional duty under Article 21 (right to life) and Directive Principles under Article 39(e) (health and strength of workers) and Article 43 (living wage and decent conditions). The government’s position, as reflected in the Heat Wave Action Plan, acknowledges the need for protection but has not yet translated it into enforceable legal obligations. Critics argue that without a moratorium, evictions and punitive actions during heat waves violate the right to livelihood, especially for informal workers who have no alternative income. The letter also highlights the federal dimension: while labour is in the Concurrent List, state governments have primary responsibility for implementation of heat wave plans. The demand for inclusion of workers’ representatives in decision-making points to a governance deficit in participatory planning.

Economic & Financial Impact: Informal workers constitute over 90% of India’s workforce. Extreme heat reduces labour productivity and increases health costs. The NAPM’s demand for dedicated budgets for heat protection implies a fiscal commitment from the state government. Critics may argue that additional expenditure on cooling infrastructure, free kits and modified hours could strain state finances, especially in a post-pandemic recovery phase. However, proponents counter that the cost of inaction—through lost productivity, healthcare expenses and mortality—is far higher. The demand for no wage cuts during modified hours protects workers’ incomes but may increase costs for employers, particularly small businesses. A balanced approach would require subsidies or tax incentives for employers who comply.

Social Dimensions: The affected workers are among the most socially and economically vulnerable. Many belong to Scheduled Castes, Scheduled Tribes and Other Backward Classes. Women domestic workers and waste pickers face additional risks due to lack of sanitation facilities and gender-based discrimination. The demand for daylong access to public parks and shaded areas addresses the spatial inequality in urban areas where poor workers lack cool spaces. The NAPM’s framing of heat protection as a matter of climate justice recognises that informal workers contribute least to greenhouse gas emissions but suffer disproportionately from heat waves. The letter also implicitly criticises the government’s enforcement actions (evictions, confiscations) that compound the vulnerability of these communities.

Governance & Administrative Aspects: Implementation of the Heat Wave Action Plan requires coordination across multiple departments: revenue, labour, urban development, health, disaster management and local bodies. The NAPM’s demand for wide publicity in regional languages indicates a gap in awareness and accessibility. The absence of workers’ representatives in decision-making bodies undermines the plan’s effectiveness. The demand for a moratorium on punitive enforcement during heat waves would require clear administrative orders and monitoring mechanisms. Past experience with similar moratoriums (e.g., during COVID-19 lockdowns) shows that enforcement is often weak. The letter also calls for accountability and monitoring, suggesting that existing grievance redressal mechanisms are inadequate.

International Perspective: The International Labour Organization (ILO) has recognised heat stress as an occupational hazard and recommends measures such as rest breaks, hydration and acclimatisation. Several countries, including Qatar and the UAE, have introduced mandatory midday work bans during summer months for outdoor workers. India’s Heat Wave Action Plans are often cited as good practice globally, but their implementation lags. The NAPM’s demand aligns with the Paris Agreement’s emphasis on climate adaptation and the just transition framework. The letter’s reference to climate justice connects domestic labour rights to global climate policy, where developed nations are expected to support adaptation in vulnerable countries.