THERMAL DIGNITY AND THE RIGHT TO LIFE: RETHINKING ARTICLE 21 IN THE AGE OF CLIMATE CHANGE

-Loveneesh Dhakad and Advitiya Singh

Introduction

India is grappling with an intensifying climate crisis, marked by increasingly frequent and severe heatwaves. In 2024 alone, the India Meteorological Department reported a record-breaking 536 heatwave days. Temperatures soared beyond 50°C in regions like Rajasthan and Delhi, resulting in over 143 deaths and more than 41,000 heatstroke cases between March and June. The brunt of this crisis falls on informal workers, who make up over 90% of the country’s workforce. Often working outdoors with little to no protection, they are highly vulnerable to extreme heat. In this context, protecting citizens from heat stress is not merely a policy option—it is a constitutional imperative under the right to life guaranteed by Article 21.

Presently, the blog argues that the Right to Thermal Dignity which includes access to shade, water, safe work hours, and thermal comfort—should be recognized as part of the right to life under Article 21 of the Indian Constitution. The Blog further explores how this right fits within India’s evolving constitutional jurisprudence, identifies key policy gaps, and draws lessons from international best practices. Essentially, it aims to shift the narrative from viewing cooling as a private comfort towards a more equitable public right which is essential to ensure health and dignity in a rapidly warming world.

Right to Thermal Dignity

The Right to Thermal Dignity is an emerging concept that recognises entitlement of every individual—particularly informal and outdoor workers vulnerable to extreme heat—to access affordable, sustainable, and safe cooling measures against the rising global temperatures. As heatwaves grow more severe due to climate change, this right calls for urgent and equitable adaptation in making climate policy and urban planning. A broader structural revisioning becomes imperative that envisions —shaded work and rest areas, hydration and cooling facilities, scheduled breaks during peak heat hours, affordable, energy-efficient cooling technologies, climate-resilient infrastructure like cool roofs and green spaces as well as public cooling amenities in transport hubs, markets, and community spaces.

However, the scope of thermal dignity must extend beyond the above provisions and requires a holistic framework where thermal comfort  is integrated within social-justice initiatives as a basic human need, alongside food, water, and shelter. The next section recognises this integration and aligns with the evolving judicial understanding of dignified living under Article 21 which paves the way for embedding thermal dignity into the constitutional fabric of India.

Thermal Dignity: A New Dimension of Article 21

Article 21 of the Indian Constitution states: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” While concise in text, this provision has evolved into a constitutional cornerstone for safeguarding not only physical existence but also the quality and dignity of life. Through judicial interpretation, its ambit has expanded to include various socio-economic and environmental rights.

The jurisprudential shift began with the landmark decision in Maneka Gandhi v. Union of India, MANU/SC/0133/1978, where the Supreme Court held that the right to life encompasses the right to live with dignity. This judgment introduced the doctrine of substantive due process, enabling courts to read Article 21 in alignment with constitutional morality and evolving social realities. Subsequent rulings extended the right to life to environmental protection. The Court in Subhash Kumar v. State of Bihar (1991) 1 SCC 598, held that the right to clean air and water is implicit under Article 21. In Consumer Education and Research Centre v. Union of India (1995) 3 SCC 42, the Court declared that safe and healthy working conditions are an essential component of this right, particularly protecting vulnerable workers exposed to occupational hazards.

This doctrinal foundation has direct relevance in today’s climate crisis. Millions of Indians—especially informal workers and marginalized communities—face life-threatening heat without access to cooling infrastructure. The rising incidence of heatwaves, worsened by urban heat islands and inadequate housing, poses a severe risk to life and dignity. The Supreme Court’s recent judgment in M.K. Ranjitsinh & Ors. v. Union of India & Ors. (2024 SCC OnLine SC 132), recognized the right against adverse climate impacts as a distinct constitutional entitlement under Articles 14 and 21. The Court emphasized the State’s duty to address climate-induced vulnerabilities affecting citizens’ health and well-being.

Building on the judicial foundations laid by Article 21, there is now a pressing need to translate these principles into enforceable protections for those most affected.India’s informal workforce, comprising over 90% of total employment, bears the brunt of extreme heat without legal safeguards. Their working conditions—lacking shade, hydration, or medical care—compromise both health and human dignity. Women in particular face added risks due to physiological vulnerability and caregiving burdens. These realities implicate constitutional protections under Articles 14 and 15 as well.

The economic toll is equally significant, with productivity losses projected to cost South Asia $2.5 trillion by 2030. In India, informal workers already face up to 40% income loss during heatwaves. These challenges underscore the urgency of recognizing the Right to Thermal Dignity not just as a human rights issue, but as a constitutional necessity that warrants the recognition of the “Right to Thermal Dignity” as an essential facet of Article 21. This right would entail State obligations to ensure access to cooling, thermal comfort in housing, and heat-resilient urban planning—particularly for heat-vulnerable populations. In light of the Constitution’s living character, and the established trajectory of Article 21 jurisprudence, it is both necessary and constitutionally viable to recognize protection from extreme heat as a part of the right to life.

Hence, a judicial and legislative acknowledgment of the Right to Thermal Dignity is not only legally tenable but also urgent in the face of accelerating climate change. The next section looks outward—to international legal models—for guidance and actionable insights in order to further the constitutional call for recognizing the right to thermal dignity.

Global Approaches to Thermal Protection: Lessons for India

Countries around the world are adopting legal and policy tools to mitigate heat risks and ensure thermal protection, particularly for vulnerable workers. In the United States, California’s Title 8, Section 3395 requires employers to provide cool drinking water, access to shade, rest breaks, and preventive measures against heat illness for outdoor workers. Similarly, the European Union, under Directive 89/391/EEC, obligates employers to assess and manage heat-related workplace risks. France complements this with a national heatwave plans and the 2023 Corporate Sustainability Due Diligence Directive, which addresses heat stress across supply chains.

Australia’s 2021 Code of Practice and its 2023 Model Work Health and Safety Act also mandates adaptive work schedules, proper ventilation, hydration, and training to mitigate heat risks. South Africa’s 2021 Heat and Health Action Plan ensures mobile cooling units, water access, and awareness efforts, especially for informal workers. Qatar’s 2021 Ministerial Decree No. 17 of 2021, bans outdoor work during peak heat hours (10:00 a.m. to 3:30 p.m.) in summer and mandates shaded rest zones and heat stress education.

These practices reflect a growing global consensus: heat protection is essential to ensuring the right to health, safety, and dignity. India can draw valuable lessons from these models to frame a rights-based response tailored to its socio-economic and climatic realities.

Legal and Policy Reforms for Enforcing the Right to Thermal Dignity in India

Inspired by both constitutional principles and international practices, India must now build a strong domestic framework for enforcing the Right to Thermal Dignity. The existing legal structure is inadequate. The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code), fails to address core issues like rest breaks, hydration access, or workplace temperature ceilings. Outdated laws like the Factories Act, 1948, do not protect informal sector workers.

Judicial rulings in Subhash Kumar v. State of Bihar [AIR 1991 SC 420], and Kaushal Kishore v. State of Uttar Pradesh [(2023) 4 SCC 1], open avenues for extending fundamental rights protections to environmental and occupational contexts—even against private employers. However, this must be backed by legislation. Reforms must include amending the OSHW Code, 2020 to mandate temperature limits, paid heat leave, and hydration facilities. A separate “Heat Protection Code” should regulate safety audits and limit peak-hour work. Moreover, policy measures must focus on heat-mapping, climate-sensitive zoning, green and cool roofing, and public cooling infrastructure with ‘Heat Action Plans’ becoming legally enforceable. Social infrastructure must also be expanded with shaded rest areas, water ATMs, and climate-friendly community spaces. Finally, integrating labor rights with climate resilience is essential to uphold thermal dignity in a rapidly warming India.

Conclusion

Recognizing the Right to Thermal Dignity as a constitutional imperative is no longer optional—it is essential to safeguarding life and dignity in the era of climate change. As rising temperatures disproportionately harm India’s informal and vulnerable communities, Article 21 must evolve to include protections against extreme heat. This expansion is consistent with the Supreme Court’s own trajectory of interpreting the right to life in light of contemporary threats to human well-being. Enforcing thermal dignity through legal reform, institutional action, and climate-resilient infrastructure will affirm India’s constitutional commitment to justice, equality, and human dignity. The time has come for the Indian State to fulfil its constitutional duty and ensure that no citizen is forced to choose between their livelihood and their right to survive the heat.

[Author: Loveneesh Dhakad, 5th Year, B.A. LL.B. (Hons.), National Law Institute University, Bhopal. LinkedIn: <Loveneesh Dhakad | LinkedIn>

Co-Author: Advitiya Singh, 5th Year, B.A. LL.B. (Hons.), National Law Institute University, Bhopal. LinkedIn: <Advitiya Singh | LinkedIn>]