05-September-2024-Editorial

DISASTER MANAGEMENT (AMENDMENT) BILL, 2024

The Indian government recently introduced the Disaster Management (Amendment) Bill, 2024 in the Lok Sabha to make significant changes to the existing Disaster Management Act, 2005.

The amendment aims to strengthen disaster response mechanisms, improve coordination, and decentralize disaster management.

However, it has sparked debates regarding the increased centralization of disaster management processes and their impact on disaster preparedness and response.

Disaster Management (Amendment) Bill, 2024

Preparation of Disaster Management Plans:

• Under the 2005 Act, National Executive Committee (NEC) and State Executive Committees (SECs) assisted in preparing disaster management plans.
• The Bill proposes that National Disaster Management Authority (NDMA) and State Disaster Management Authorities (SDMAs) directly prepare their respective disaster management plans, bypassing the NEC and SECs.
• The NDMA’s role expands to include periodic risk assessments of potential disasters.

National and State Disaster Database:

• The Bill mandates the creation of a comprehensive disaster database at both national and state levels.
• This database will include details on disaster assessment, fund allocation, expenditure, preparedness plans, and risk registers.

Appointments to NDMA:

• Currently, NDMA officers and staff are appointed by the central government.
• The Bill allows NDMA to determine its staffing needs and appoint experts with central government approval.

Urban Disaster Management Authority (UDMA):

• The Bill introduces Urban Disaster Management Authorities for major cities and state capitals, except for Delhi and Chandigarh.
• These authorities, led by municipal commissioners and district collectors, will focus on urban disaster preparedness and response.

State Disaster Response Force (SDRF):

• The 2005 Act provides for a National Disaster Response Force (NDRF) for specialized disaster response.
• The Bill allows state governments to establish their own State Disaster Response Forces (SDRFs) to enhance local disaster response capabilities.

Statutory Status to Committees:

• The Bill gives statutory status to the National Crisis Management Committee (NCMC) and the High-Level Committee (HLC).
• The NCMC, led by the Cabinet Secretary, will manage major disasters, while the HLC, led by the Minister in charge of disaster management, will focus on financial assistance.

Penalties and Directives:

• A new Section 60A allows central and state governments to direct any person to take or refrain from actions to reduce the disaster’s impact.
• Failure to comply could result in penalties of up to Rs 10,000.

Concerns

Increased Centralization:

• The Bill centralizes disaster management further, adding more layers of authorities and committees, complicating decision-making and slowing disaster response.
• It dilutes the NDRF’s role, with concerns that it will reduce specific guidelines for fund usage, increasing centralization in disaster response.
• Centralization has caused delays in past responses, such as slow fund disbursement to Tamil Nadu and Karnataka.

Local Resource Challenges:

• The Bill does not adequately address the lack of resources at the local level, making it difficult for new Urban Disaster Management Authorities to operate effectively.

Disaster Relief as a Legal Right:

• The Bill does not address the need for disaster relief to be a justiciable right, meaning individuals cannot enforce their rights to disaster aid in court.
• Relief efforts often differ across states, leading to inconsistencies in aid distribution.

Climate Change and Disaster Management:

• The Bill lacks provisions to integrate climate change into disaster management, despite international agreements like the Paris Agreement and Sendai Framework that emphasize climate-induced risks.
• Heatwaves, for instance, are not classified as disasters, even though their frequency and impact are rising in India.

Transition and Integration Issues:

• The transition of responsibilities from NECs and SECs to NDMA and SDMAs may cause integration challenges, as roles must align with existing frameworks.
• The Bill does not include provisions for better collaboration between government bodies, NGOs, private sectors, and communities, vital for handling complex risks.

Narrow Definition of Disaster:

• The definition of a disaster under the Act remains limited, ignoring emerging disasters like heatwaves, which affect different regions with varying intensity.

Federal Tensions:

• The Bill could worsen federal tensions, as states become more reliant on the central government for funds and decision-making, reducing their autonomy in disaster response.

limitations Disaster Management Act, 2005

Leadership Gaps:

• The position of Vice-Chairperson of NDMA has been vacant for nearly a decade, depriving the authority of necessary leadership.
• The NDMA lacks independent financial and administrative powers, causing inefficiencies as decisions are routed through the Ministry of Home Affairs.

Bureaucratic Delays:

• The Act promotes a centralized, top-down approach, sidelining local authorities and causing delays in response.
• Past disasters, like the 2013 Kedarnath floods and 2018 Kerala floods, have highlighted these inefficiencies.

Vague Definitions:

• Key terms such as “disaster” and “calamity” remain vague in the Act, leading to confusion about which events qualify for disaster aid.

Insufficient Funding:

• The Act often does not allocate enough funds for large-scale disasters, leading to slow recovery and inadequate aid.

Way Forward

• Integrating Disaster Risk into Development Plans: Disaster risk reduction should be incorporated into national and state policies, particularly in infrastructure, urban planning, and agriculture.
• Strengthening Early Warning Systems: Focus on upgrading early warning systems by using technology from agencies like ISRO and IMD to improve disaster preparedness.
• Developing Rapid Response Mechanisms: Establish a national disaster response framework to ensure quick action during emergencies, with clear roles and responsibilities.
• Enhancing NDMA’s Authority: Fill leadership positions in NDMA and empower the agency with more authority to coordinate disaster management efforts effectively.
• Decentralizing Disaster Management: Greater autonomy should be given to state and local governments to ensure faster and more context-specific responses during disasters.
• Supporting Research in Disaster Management: Allocate funds for research in disaster risk reduction, focusing on technologies like Artificial Intelligence and remote sensing.
• Psychological Rehabilitation: Include mental health support programs in disaster management policies to help individuals recover from trauma.
• Policy Adaptation: Update disaster management policies regularly to address emerging risks and ensure a shift from reactive to proactive strategies.