CLAIMING DISASTER RELIEF FUNDS: TAMIL NADU’s CASE

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TAG: GS 3: DISASTER MANAGEMENT

THE CONTEXT: Tamil Nadu has filed a suit at the Supreme Court, alleging that the Centre is withholding national disaster relief funds following the devastation caused by Cyclone Michaung and subsequent floods in December 2023.

EXPLANATION:

• This issue mirrors a similar plea filed by the Karnataka government regarding drought relief funds.

Disaster Relief Funds Allocation

• Funds for disaster relief are available to states from two sources: the State Disaster Relief Fund (SDRF) and the National Disaster Relief Fund (NDRF).
• The Disaster Management Act, 2005 (DMA) governs the allocation of these funds, which were established after the 2004 tsunami.
• The NDRF covers severe calamities such as cyclones, droughts, and floods.
• States facing calamities beyond their coping capacity can request additional funds from the NDRF.
• The Ministry of Home Affairs (MHA) or the Ministry of Agriculture assesses the need for additional assistance based on reports submitted by Inter Ministerial Central Teams (IMCTs) and the National Executive Committee.

Tamil Nadu and Karnataka’s Appeals

• Both Tamil Nadu and Karnataka have approached the Supreme Court, alleging that the Centre’s delay in releasing NDRF funds violates the DMA and associated guidelines.
• Tamil Nadu seeks Rs 37,902 crores for Cyclone Michaung damage and Rs 2,000 crore as interim relief.
• Karnataka seeks Rs 18,171 crores for drought relief. Both states claim that despite completing necessary steps and receiving recommendations, the Centre has not released funds.

Legal Arguments

• Tamil Nadu alleges unfair treatment compared to other states and claims violation of citizens’ rights to equality and life with dignity (Articles 14 and 21 of the Constitution).
• Karnataka argues that the Centre’s delay violates the right to life with dignity and cites the ‘Manual for Drought Management,’ which mandates a decision on NDRF assistance within a month of IMCT reports.

Other States’ Legal Challenges

• This is not the only instance of opposition-ruled states challenging the Centre.
• Kerala has approached the Supreme Court regarding bills withheld by the President and budgetary issues, alleging infringement of state rights and financial autonomy.
• Opposition-ruled states like Tamil Nadu, Telangana, and Punjab have also challenged Governors’ actions regarding bill assent.

The Key Features of the NDMA 2005:

• As per the Disaster Management Act, 2005, “disaster” means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man-made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.
• A natural disaster includes earthquake, flood, landslide, cyclone, tsunami, urban flood, heatwave; a man-made disaster can be nuclear, biological and chemical.
• The law lays down following key mechanisms to make India a disaster resilient country and match to the global standards in disaster management. The key features are:
  1. It envisages for an institutional mechanism from top to bottom for decision making, planning, relief and rescue
  2. It envisages for laying down a disaster management policy and plan at national and state level
  3. It deals with disaster management holistically consisting of pre-disaster, during disaster and post disaster cycle
  4. It envisages for two separate funds knows as DMMF/DMRF for centre and SDMMF/SDMRF for states
  5. It lays down for a dedicates disaster management force known as NDRF capable of tackling all types of disaster through land, air and sea
  6. It also has also provisions for promoting research and studies through IIDM, New Delhi.
• At the apex, it is the national disaster management authority headed by the Prime Minister which is responsible for taking important decisions related to disaster management in India followed by several committees, ministries and departments.

The funding of the NDRF:

• The NDRF is funded through a National Calamity Contingent Duty levied on pan masala, chewing tobacco and cigarettes, and with budgetary provisions as and when needed.
• A provision exists to encourage any person or institution to make a contribution to the NDRF.
• The 14th Finance Commission recommended changes to this structure once the cess was discontinued or subsumed within the Goods and Services Tax.
• However, the government, instead, decided to continue with the National Calamity Contingent Duty even in the GST regime.

SOURCE: https://indianexpress.com/article/explained/explained-law/tamil-nadu-karnataka-disaster-relief-funds-centre-9251548/