Brief about Disaster Management Act, 2005

Introduction

Disaster Management Act was enacted in 2005 to provide for effective disaster management and all related matters, and extends to the whole of India. In the common parlance, a disaster is interpreted as usually associated with a natural calamity like a cyclone or an earthquake but the Act provides with a specific definition which says that disaster is “a catastrophe, mishap, calamity or grave occurrence” within the territory of India, and results in damage to property and human suffering.

It can be due to natural or manmade causes and the magnitude of the disaster is as such that it is beyond the coping capacity of the community under normal circumstances. Indian landscape is as such that it is more vulnerable to natural disasters; hence there was a need for such an Act. Objectives of the Act provide for early preparation before a disaster, prevention, or mitigation, and effective response after its spread.

Scope of this Act

The Act empowers the Central Government to declare a disaster in a particular area or the entire country and take reasonable steps to reduce the risk and its impact on society. It also provides mechanisms to take action against anybody who does not adhere to the regulations. The National Disaster Management Authority or NDMA is the central body for coordinating disaster management and the Prime Minister acts as its Chairperson, as provided under the provisions of the Act.

NDMA sets the plans and guidelines for disaster management at the central level while there are state, district, and local authorities for disaster management at different levels which work in coordination with it. The Act allows the government to get access to the National, State, and District Disaster Response Fund in case of a disaster for effective use. NDMA has recommended certain minimum standards of relief to be followed while handling persons affected by the disaster, which are:

• Providing for necessities in the relief camps like food, drinking water, medical cover, sanitation among other things;
• For widows and orphans special provisions are to be made;
• Moral assistance on the loss of life or on account of damage to houses and aid for restoration of livelihood to be provided;
• Any other relief that the government deems necessary. But in case of severe disasters, NDMA has the power to recommend the amount of monetary relief for repayment of loans or grant of loans.

Implementation during a Disaster

The Act also states the powers and duties of the State Disaster Management Authority which include:

• To formulate disaster management policies at the state level.
• Approve the state plans after checking with the national guidelines.
• To establish plans and guidelines to be followed by the state departments.

The Chief Minister in time of emergency has the power to exercise all the functions of State Authority subject to retrospective ratification by the State Authority. The Central Government has been given the power, irrespective of any existing law, to issue any directions to any authority within its jurisdiction to assist in the disaster management. Irrespective, such directions have to be necessarily followed by the Union Ministries, State Governments and the State Authorities as under the Act. The Supreme Court has been given exclusive jurisdiction for any suit in respect of anything done, action taken or orders made, direction or guidelines issued by any of the authorities under the Act.

To achieve the purpose of the Act, the prime minister can exercise all powers of NDMA. This provision ensures that there is sufficient political and constitutional influence in the disaster management decision making. The Union government is permitted to form inter-ministerial central teams and send them to states to conduct assessments, issue necessary directions to authorities, and then submit their report.

The media can also be directed by the Government to broadcast warnings or advisories regarding any threatening disaster situation or a likely disaster and it has to comply with all such directions. The Act also lays down the penalties for specific offenses. Anyone without a reasonable cause, if found obstructing a police officer or any government official on duty can be imprisoned for a period of up to one year or be fined, or both. Also, if such obstruction leads to loss of lives or probable danger, then imprisonment can be up to two years. Further, the Act makes the circulation of false alarm or causing panic among the general public an offense punishable with up to one-year imprisonment.

Case Study: COVID-19

The Disaster Management Act has attracted much attention during the COVID-19 epidemic outbreak. The Central government declared the outbreak as “Notified Disaster” bringing it within the purview of the Disaster Management Act.  Although this act of the government was questionable because the Disaster Management Act was enacted for natural disasters, but it was still chosen for this pandemic. As the Prime Minister is the Chairperson under the Act, PM Modi was able to declare COVID-19 as a national disaster and bound the entire country with uniform lockdown regulations and other prescribed guidelines.

By the invocation of the Act, the National Executive Committee, with the Home Minister as the Chairman, can give directions to the states and other ministries regarding all necessary measures to be undertaken. Additional guidelines can be issued by the Ministry of Home Affairs as well, as it is the Ministry having administrative control under the Act of disaster management. The nationwide lockdown was imposed, though lockdown is not defined anywhere, through executive decree; there has been no involvement of Parliament, as all of the measures undertaken are as per the powers of the National Executive Committee under the Act.

Conclusion

Success of the Disaster Management Act lies in its ground-level implementation of the national and state decisions through the district and local administrative institutions. The Act mandates the combined effort at all levels to ensure the political and financial empowerment of these bodies. The Act was enacted to prevent the threat of any disaster, preparedness, and prompt response to any disaster, rescue, and relief during the disaster and then finally the restoration process. The provisions of the Act are sufficient to deal with any disaster that may be faced.