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The Disaster Management (Amendment) Bill

7th September, 2024

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Context:

Various critiques are arguing that the Disaster Management (Amendment) Bill isn't pursuing holistic goals, missing yet another opportunity which could have been helpful for similarly complex environmental legislations.

Details

Introduction of the Disaster Management (Amendment) Bill:

On August 1, 2024, the central government introduced the Disaster Management (Amendment) Bill in the Lok Sabha.

Changes Proposed by the Amendment Bill:

Particulars

 Current Provisions under the Disaster Management Act, 2005 Proposed Changes under the Disaster Management (Amendment) Bill, 2024

Preparation of Disaster Management Plans

National and State Executive Committees assist NDMA and SDMA in preparing national and state disaster management plans.

NDMA and SDMA will directly prepare disaster management plans.

Functions of NDMA and SDMA

1. Review disaster management plans of government departments.
2. Set guidelines for preparation of plans for authorities below them.
3. Recommend provision of funds for disaster mitigation.

Adds new functions, including:
1. Periodic stock of disaster risks, including emerging risks.
2. Provide technical assistance to lower authorities.
3. Recommend guidelines for minimum standards of relief.
4. Prepare national and state disaster databases.

Disaster Databases

Not specified in the Act.

NDMA and SDMA will prepare databases on:
1. Type and severity of disaster risks.
2. Fund allocation and expenditure.
3. Disaster preparedness and mitigation plans.

Additional Functions of NDMA

Not specified in detail.

NDMA will assess disaster preparedness of states and conduct post-disaster audits of preparedness and response.

Regulation-making Power

Not explicitly provided.

NDMA will have the power to make regulations under the Act, with prior central government approval.

Urban Disaster Management Authorities

Not provided for in the Act.

State governments can constitute an Urban Disaster Management Authority for state capitals and cities with municipal corporations. The authority will prepare and implement disaster management plans for its area.

Municipal Commissioner as the chairperson, the District Collector as the vice chairperson, and other members specified by the state government.

State Disaster Response Force (SDRF)

No provision for SDRF; only National Disaster Response Force (NDRF) is provided for.

State governments will be empowered to constitute a State Disaster Response Force (SDRF). The state government will define the SDRF's functions and terms of service.

Statutory Status to Committees

No statutory status for pre-existing bodies like the National Crisis Management Committee (NCMC) and High-Level Committee (HLC).

Statutory status given to the NCMC and HLC.
NCMC: Nodal body for handling major disasters with national ramifications.
HLC: Provides financial assistance to states and approves funding from the National Disaster Mitigation Fund.

The Cabinet Secretary will serve as the chairperson of NCMC.  Minister of the department with administrative control over disaster management will serve as chairperson of the HLC.

Appointments to NDMA

Central government Provides officers, consultants, and employees to NDMA as necessary.

NDMA will have the power to specify the number and category of officers and employees, with previous approval of the central government. NDMA may also appoint experts and consultants as needed.

 Top-down Approach and Its Repercussions:

  • The Bill is a response to climate-induced disasters but shows evidence of further centralisation of the already centralised Disaster Management Act, 2005.
  • These additions complicate the chain of action to be followed during disasters, potentially leading to delayed responses.
  • The Bill dilutes the provisions of the National Disaster Response Fund (NDRF) by removing specific purposes for its use.
  • Centralisation of decision-making on funds, especially in severe disaster situations, remains a concern.
  • A delayed response was witnessed in the past when funds were denied to Tamil Nadu and disbursed late to Karnataka.

Need for Re-examining the Concept of Disasters:

With the climate crisis looming, the very concept of disasters under the Disaster Management Act, 2005 needs to be revisited.

Restricted Definition of ‘Disaster’:

  • The definition of disaster under the Act is not inclusive enough to cover climate-induced disasters like
  • The government is not planning to classify heatwaves as a notified disaster under the Disaster Management Act, 2005.
  • The 15th Finance Commission also does not find merit in expanding the list of notified disasters.

Current List of Notified Disasters:

The list includes cyclone, drought, earthquake, fire, flood, tsunami, hailstorm, landslide, avalanche, cloudburst, pest attack, frost, and cold wave.

Relevant Issues for Consideration:

  • Key questions include whether the Bill can tackle power imbalances between the central and State governments.
  • States remain largely dependent on the central government for fund disbursal.
  • The Bill does little to address the shortcomings of the Disaster Management Act, 2005 in handling past disasters.

Need for Financial Preparedness:

  • There is a need to revisit the Centre’s approach to financial preparedness in disaster management.
  • The conversation should focus on managing disasters and predicting their occurrence, rather than assigning blame for the loss of lives.

Call for Cooperative Federalism:

A blame game between the Centre and States detracts from the realisation of true cooperative federalism in disaster management.

More detail about the bill: https://www.iasgyan.in/daily-current-affairs/the-disaster-management-amendment-bill-2024#:~:text=Creation%20of%20a%20Disaster%20Database,mitigation%20plans%2C%20risk%20register%20etc.

Notified disaster: https://www.iasgyan.in/daily-current-affairs/notified-disasters-8

National Disaster Relief Fund: https://www.iasgyan.in/daily-current-affairs/national-disaster-relief-funds

Source:

https://www.thehindu.com/opinion/op-ed/the-disaster-management-amendment-bill-is-knotty/article68597815.ece

https://prsindia.org/billtrack/the-disaster-management-amendment-bill-2024

PRACTICE QUESTION

Q. India faces increasingly frequent and severe heat waves. Suggest effective mitigation strategies for heatwave management in Indian cities. 200 words

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