Why in news
The Disaster Management (Amendment) Bill, 2024 is raising concerns for weakening key provisions in India's Disaster Management Act (DMA), 2005, potentially reducing participatory governance, accountability, and efficiency in disaster management.
On December 26, 2004, the Indian Ocean tsunami delivered an unparalleled wave of destruction.
Concerns over the bill
The Bill uses top-down guarded terminology such as ‘monitor’ and ‘guidelines’ instead of stronger terms like "supervision" and "direction," which could have fostered greater trust and cooperation with local communities
The Bill neglects the essential role of local communities, panchayats, and NGOs in disaster management, despite their critical involvement in past disasters (e.g., Cyclone Aila, Kedarnath floods).
The Bill fails to address how specific vulnerable groups (e.g., women, disabled, lower castes, LGBTQIA communities) are disproportionately affected by disasters, weakening its inclusivity.
The Bill does not include provisions for evaluating the performance of district authorities in disaster preparedness, leaving room for political exploitation during disasters.
The Bill excludes "law and order" from the Act but still includes State Directors General of Police in State Committees, creating confusion about their role.
Key sections on minimum relief standards for disaster victims (e.g., financial assistance for widows, orphans, and the homeless) have been removed, leaving no replacement for these critical provisions.
The Bill removes sections that ensured integration and preparedness in disaster management plans, weakening governance and reducing accountability.
The Bill ignores the deaths of animals during disasters and the implementation of animal welfare regulations, such as the Animal Birth Control Rules (2023).
The creation of an Urban Disaster Management Authority (UDMA) is unclear, as municipal authorities are often part of the problem in managing urban disaster risks, such as encouraging encroachments that exacerbate flooding.
The Bill misses the opportunity to mention regional collaboration (e.g., SAARC, BIMSTEC, BRICS) for disaster response, despite the growing threat of zoonotic and epizootic diseases in South Asia.
Lessons learnt from a spectrum of areas?
Successful disaster responses have historically relied on local knowledge and community action.
For example, in Cyclone Aila (2009, Sundarbans): Local villagers and fisherfolk initiated rescue operations well before official disaster response teams could arrive, saving countless lives.
Acknowledging diverse vulnerabilities ensures that disaster management strategies are comprehensive and equitable.
For example, Kerala Floods (2018): Specific interventions for women and children in relief camps improved health and hygiene outcomes, showcasing the value of targeted measures.
Clear accountability mechanisms are necessary to ensure that authorities fulfil their responsibilities effectively.
For example, in Uttarakhand Flash Floods (2013): Lack of timely action by district authorities and poor preparedness exacerbated the disaster’s impact
DMA, 2005
The DM Act was passed by the government of India in 2005 for the ‘efficient management of disasters and other matters connected to it.
However it came into force in January 2006.
Objective:
To manage disasters, including preparation of mitigation strategies, capacity-building and more.
Definition of a “disaster” in Section 2 (d) of the DM Act states that a disaster means a “catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes.”
The Act designates the Ministry of Home Affairs as the nodal ministry for steering the overall national disaster management.
It puts into place a systematic structure of institutions at the national, state and district levels.
National Level Important Entities:
National Disaster Management Authority (NDMA):
It is tasked with laying down disaster management policies and ensuring timely and effective response mechanisms.
The National Executive Committee (NEC):
It is constituted under Section 8 of the DM Act to assist the National Disaster Management Authority in the performance of its functions.
The NEC is responsible for the preparation of the National Disaster Management Plan for the whole country and to ensure that it is “reviewed and updated annually.
National Institute of Disaster Management (NIDM):
It is an institute for training and capacity development programs for managing natural calamities.
National Disaster Response Force (NDRF):
It refers to trained professional units that are called upon for specialized response to disasters
State and District level:
The Act also provides for state and district level authorities responsible for, among other things, drawing plans for implementation of national plans and preparing local plans.
State Disaster Management Authority
District Disaster Management Authority.
Finance:
It contains the provisions for financial mechanisms such as the creation of funds for emergency response, National Disaster Response Fund and similar funds at the state and district levels.
Civil and Criminal Liabilities:
The Act also devotes several sections various civil and criminal liabilities resulting from violation of provisions of the act.
Under Section 51 of the Act, anyone refusing to comply with orders is liable for punishment with imprisonment up to one year, or fine, or both.
In case this refusal leads to death of people, the person liable shall be punished with imprisonment up to two years.
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