How to report heatwave neglect and access relief in Uttar Pradesh

The air is thick, the fan is blowing heat, and the news is grim

It is 2 PM in Ballia, Varanasi, or Lucknow. The tarmac is soft enough to leave footprints, and the power grid is struggling. You see reports of 8,056 deaths in just five days across Uttar Pradesh. It feels like a natural disaster, but when people die because there is no water in public booths (Pyaos), no shade at bus stops, or because a government hospital turned away a heatstroke patient, it is not just the weather—it is a failure of governance. As a young citizen, you do not have to just sit in the dark and scroll through the horror. You have the legal right to demand that the state protects its people from extreme heat.

What the law actually says about heatwaves

In India, heatwaves are not yet formally listed as a "notified disaster" under the National Disaster Management Act, 2005, at the central level for the purpose of financial compensation. However, the Disaster Management Act, 2005, gives State Disaster Management Authorities (SDMAs) and District Disaster Management Authorities (DDMAs) the power to treat them as such.

1. The Duty of the District Magistrate (DM): Under Section 30 of the Disaster Management Act, 2005, the District Authority (headed by the DM) is responsible for preparing a district-level disaster management plan. This includes "Heat Action Plans" (HAPs). If your district is hitting 45°C and there are no public cooling shelters or functional water stations, the District Authority is failing its statutory duty.

2. The Right to Emergency Medical Care: Heatstroke is a medical emergency. The Supreme Court of India, in Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996), ruled that the "Right to Life" under Article 21 of the Constitution includes the right to receive emergency medical treatment. A government hospital cannot refuse a patient in critical condition (like heat exhaustion or heatstroke) citing a lack of beds or resources. Doing so is a constitutional violation.

3. Labor Protections: If you see construction workers or delivery partners forced to work in peak heat (usually 12 PM to 4 PM) without shade or water, this violates the Occupational Safety, Health and Working Conditions Code, 2020 (and existing state-specific labor laws in UP). The state has the power to issue "Heatwave Advisories" that mandate rest periods for outdoor workers.

4. Pollution and Environmental Monitoring: The Central Pollution Control Board (CPCB) monitors heat-related environmental data. High temperatures often coincide with high ground-level ozone. You can track this via the SAMEER app, which provides real-time updates and a platform to file complaints regarding environmental negligence.

Step-by-step playbook: Taking action during a heatwave

Step 1: Verify the Heat Action Plan (HAP)

Every major city in Uttar Pradesh is supposed to have a Heat Action Plan. This document outlines exactly what the government must do: set up 'Cooling Centres', ensure 24/7 power to hospitals, and provide public water.

• What to do: Go to the official website of the Uttar Pradesh State Disaster Management Authority (UPSDMA) at upsdma.up.nic.in or your District Magistrate’s portal (e.g., lucknow.nic.in). Search for "Heat Action Plan 2024" or "2025".
• What to look for: Does it promise water booths in your area? Does it list specific hospitals as "Heat Treatment Centres"?
• If it is missing: File an RTI online asking for the copy of the HAP and the budget allocated for heatwave mitigation in your district for the current financial year.

Step 2: Report missing public infrastructure

If you notice that the "Pyaos" (water stations) listed in the government records do not exist or are broken, or if public parks (which act as heat sinks) are locked during the day, you need to report it.

• What to do: Use the UP Jan Sunwai (IGRS) portal at jansunwai.up.nic.in. This is the Integrated Grievance Redressal System.
• How to file: Select "Register Grievance". Choose the department (Urban Development for city water/shade, or Revenue/Disaster Management). Upload a photo of the non-functional facility with a GPS tag (most phone cameras do this automatically).
• Timeline: The system usually generates a reference number immediately. A department official is supposed to respond within 14 to 30 days.

Step 3: Handle medical refusal

If a friend, family member, or even a stranger you are helping is refused admission at a government hospital during a heatwave:

• What to do: Do not just leave. Ask for the "Refusal Memo" in writing. Hospitals are legally hesitant to provide this because it is proof of negligence.
• The Script: "Under the Supreme Court judgment in Paschim Banga Khet Mazdoor Samity, you are legally required to provide emergency stabilization. If you refuse, I will be forced to report this to the Chief Medical Officer (CMO) and the District Magistrate immediately."
• Escalation: If they still refuse, call the UP Medical Helpline (104) or the Chief Minister’s Helpline (1076). Record the conversation if possible. If a death occurs due to refusal, you can How to file an FIR (and what to do if police refuse) under Section 106 of the BNSS (causing death by negligence).

Step 4: Protect outdoor workers

If you are part of a resident association or a student group, you can pressure local businesses and contractors.

• What to do: If you see workers without water or shade, file a complaint with the UP Labour Commissioner via the uplabour.gov.in portal.
• The Demand: Ask for the enforcement of the "No-Work" period during peak heat hours as per the NDMA Heatwave Guidelines.
• Direct Action: If it is a delivery platform, use the "Help" or "Support" section of the app to report that the rider is working in unsafe conditions and suggest they provide hydration breaks.

Step 5: Monitor and report environmental data

Heatwaves are often worsened by local factors like trash burning or dust, which trap heat.

• What to do: Download the SAMEER App (official CPCB app).
• Action: If you see illegal waste burning or massive dust from a construction site during a heatwave, use the app to take a photo and report it. The app tracks your location and sends the complaint directly to the relevant State Pollution Control Board (UPPCB) official.

Losing thousands of people to heat is not an "act of God" when the technology and funds to prevent it exist. By using these steps, you move from being a spectator to a participant in climate justice.

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Where it usually breaks

Even with a Heat Action Plan (HAP) in place, things often fall apart on the ground. Here is where you will likely hit a wall and how to push through:

1. The "Cause of Death" Denial If a person dies from heatstroke, hospitals often record the cause as "cardiac arrest" or "multi-organ failure" rather than "heatstroke" (ICD-10 code T67.0). This keeps the official death toll low and prevents families from claiming ex-gratia compensation (usually ₹4 lakh under State Disaster Response Fund norms if the state has notified the heatwave).

• The Workaround: If you are helping a family, insist that the medical officer records "heat-related illness" or "hyperthermia" in the case sheet. If they refuse, take photos of the patient’s symptoms and the lack of cooling infrastructure in the ward as evidence for a later appeal to the Chief Medical Officer (CMO).

2. The "Passing the Buck" Loop You report a broken water booth (Pyao). The Nagar Nigam says it's the Jal Nigam’s job. Jal Nigam says the PWD cut the pipe.

• The Workaround: Don't complain to departments individually. Use the UP Jansunwai (IGRS) portal. When you file a complaint here, it is assigned a reference number and tracked by the Chief Minister’s office. Address the complaint to the District Magistrate (DM) directly—under the DM Act 2005, the DM is the final authority responsible for coordinating all departments during a disaster.

3. The "Resolved" Status without Action On the Jansunwai portal, officials often mark complaints as "Resolved" by simply uploading a letter saying "action is being taken."

• The Workaround: Use the "Feedback" or "Send Reminder" option on the portal. If the status is falsely marked as resolved, file a "Second Appeal" within the portal system. Mention that "Physical verification shows the grievance persists, violating the Heat Action Plan 2024/25."

4. Private Sector Negligence Gig workers and construction labourers often have no shade or water. Companies claim they aren't "legally required" to stop work.

• The Workaround: Check the DM’s latest orders on lucknow.nic.in (or your district's site). During extreme peaks, DMs often issue mandatory orders under Section 144 of the CrPC (now Section 163 of the BNSS) or the DM Act to halt outdoor work between 12 PM and 4 PM. If a company violates this, it is a criminal offence. Report it to the Labour Commissioner’s office or via the SAMEER app’s "Public Complaint" section.

Templates / script

A. IGRS (Jansunwai) Complaint for Missing Heat Infrastructure

Subject: Urgent: Violation of Heat Action Plan in [Your Area/Ward Name] Body: To, The District Magistrate, [District Name]. I am writing to report a failure in the implementation of the District Heat Action Plan. Despite temperatures exceeding 45°C, the following life-saving measures are missing at [Location/Bus Stand/Market]:

1. No functional 'Pyao' (drinking water station).
2. No temporary shade/cool shelters for commuters and outdoor workers. This is a violation of the Disaster Management Act 2005 and the Right to Life under Article 21. I request an immediate inspection and restoration of these facilities within 24 hours to prevent heat-related fatalities. [Attach photo of the spot]

B. Script for calling the District Helpline (1077)

You: "Namaste, main [Your Name] bol raha hoon [Area] se. Yahan temperature 46 degrees hai aur sarkari hospital/pyao mein paani/AC ki suvidha nahi hai." Operator: "Hum note kar rahe hain." You: "Please mujhe complaint reference number dijiye. Disaster Management Act ke under DM saheb ki duty hai cooling centers provide karna. Agar koi casualty hoti hai, toh yeh negligence hogi. Please yeh complaint DM office ko escalate kariye."

C. RTI for Heatwave Fund Allocation

To: Public Information Officer, Office of the District Magistrate [District]. Information Sought:

1. Provide a copy of the District Heat Action Plan (HAP) approved for the year 2024-25.
2. Provide the total budget allocated and total expenditure incurred on "Heatwave Mitigation" (including Pyaos and Cooling Centres) in [District] from March 2024 to date.
3. Provide the list of designated "Heatstroke Treatment Wards" in government hospitals within the district.

FAQs

1. Can I get compensation if a family member dies of heatstroke in UP? Yes, but it is difficult. Under the UP State Disaster Response Fund (SDRF) guidelines, "Heat Wave" is often treated as a "State-specific local disaster." Compensation of ₹4 lakh is usually granted to the next of kin, provided the medical report explicitly confirms heatstroke as the cause. You must apply at the Tehsil office with the death certificate and post-mortem report.

2. What can I do if a government hospital refuses to admit a heatstroke patient? Refusal of emergency care is a violation of the Supreme Court's judgment in Paschim Banga Khet Mazdoor Samity (1996). Call the 108 Ambulance service immediately to record the emergency. If the hospital refuses, record a video of the refusal and call the Medical Helpline (104) or the CM Helpline (1076) to report the specific doctor or facility.

3. Is there a law that stops schools from opening during a heatwave? The District Magistrate has the power under the Disaster Management Act to change school timings or order closures. Usually, when the temperature crosses 42-44°C, the DM issues a circular via the Basic Shiksha Adhikari (BSA). Check the official Twitter (X) handle of your DM or the UPSDMA website for these orders. If a school stays open in violation, report it to the BSA office.

4. My office/factory doesn't have drinking water or AC. Where do I complain? Under the Occupational Safety, Health and Working Conditions Code, 2020, employers must provide "wholesome drinking water" and adequate ventilation. File a complaint on the PANSY portal (UP Labour Department) or visit the local Assistant Labour Commissioner's office. You can also file an anonymous complaint on the IGRS portal.

5. How do I know if the "Heat Action Plan" actually exists for my city? Visit upsdma.up.nic.in. They host the "State Heat Action Plan." For city-specific plans (like Lucknow or Varanasi), check the "Notices" section of your District’s official website (e.g., varanasi.nic.in). If it’s not online, use the RTI template provided above.

6. Can I be fired for refusing to work in extreme heat? While Indian law doesn't have a specific "Right to Refuse Work" for heat yet, the "Duty of Care" by the employer is mandatory. If you are a delivery partner or gig worker, check your platform's "Heat Policy." If they force you to work during a "Red Alert" issued by the IMD without providing safety gear/breaks, you can report them to the District Disaster Management Authority (DDMA) for endangering lives.