TAG: GS 3: DISASTER MANAGEMENT
THE CONTEXT: On August 1, 2024, Union Minister of State for Home introduced the Disaster Management (Amendment) Bill, 2024, in the Lok Sabha.
EXPLANATION:
- The Bill seeks to overhaul the existing disaster management framework in India by introducing several key changes aimed at enhancing the country’s preparedness and response to disasters.
- A notable feature of the Bill is the creation of a comprehensive disaster database at both national and state levels.
- Additionally, it mandates the establishment of Urban Disaster Management Authorities for state capitals and large cities with municipal corporations, excluding the union territories of Delhi and Chandigarh.
Key Provisions of the Bill
- The Bill proposes several significant amendments to the Disaster Management Act, 2005, aimed at modernizing and strengthening disaster management in India. These include:
- Creation of a National and State Disaster Database:
- The Bill mandates the creation of a detailed disaster database that will include information on disaster assessment, fund allocation, expenditure, preparedness and mitigation plans, and a risk register based on the type and severity of risks.
- This database will serve as a critical tool for both the National Disaster Management Authority (NDMA) and State Disaster Management Authorities (SDMA) in formulating and executing disaster management plans.
- Urban Disaster Management Authorities:
- The Bill proposes the establishment of Urban Disaster Management Authorities specifically for state capitals and large cities with municipal corporations.
- This move is aimed at addressing the unique challenges posed by urban environments, where the risk and impact of disasters can be significantly different from rural areas.
- Empowerment of NDMA and SDMA:
- The NDMA and SDMA are now tasked with preparing disaster management plans at the national and state levels, respectively.
- This marks a shift from the previous arrangement, where these plans were prepared by the National Executive Committee and State Executive Committees.
- The Bill also authorizes the NDMA to appoint experts and consultants as necessary, and to periodically assess the entire range of disaster risks in the country, including emerging risks due to extreme climate events and other factors.
- Inclusion of Emerging Risks:
- The Bill acknowledges the evolving nature of disaster risks.
- It empowers the NDMA to take stock of emerging disaster risks that may not have occurred yet but pose potential threats in the future due to climate change and other factors.
- Constitution of State Disaster Response Force:
- To further bolster disaster response capabilities, the Bill proposes the formation of State Disaster Response Forces.
- It would be constituted by the respective state governments.
- Statutory Status to Pre-Act Organizations:
- The Bill also provides statutory status to existing organizations such as the National Crisis Management Committee and the High-Level Committee.
- They were instrumental in disaster management before the enactment of the Disaster Management Act, 2005.
- Central and State Government Powers:
- A new Section 60A is introduced, empowering both the Central and State governments to direct any person or entity to take or refrain from actions that could reduce the impact of a disaster.
- Non-compliance could result in a penalty of up to ₹10,000.
- Expansion of Disaster Management Definition:
- The Bill broadens the definition of “disaster management” to include “disaster risk reduction.”
- This reflects a proactive approach that emphasizes the systematic efforts to analyze and manage the causal factors of disasters by reducing exposure to hazards, decreasing vulnerability, improving preparedness, and enhancing resilience.
- Creation of a National and State Disaster Database:
Legislative and Political Reactions
- The introduction of the Bill has sparked considerable debate in the Lok Sabha.
- Opposition members expressed concerns about the centralization of powers and the creation of multiple authorities, which they fear could lead to overlaps and conflicts with state governments.
- Opposition criticized the Bill for potentially overstepping constitutional boundaries, arguing that the Central government may be overreaching its powers as outlined in the Concurrent List of the Constitution.
- It was highlighted that the Bill grants extensive rule-making authority to the Central government.
- It could conflict with the legislative powers reserved for the states, thereby raising questions about the Bill’s constitutionality.
- Concerns were voiced about the proliferation of authorities, which could lead to bureaucratic confusion, potentially hindering effective disaster response and management.
- The recent Wayanad tragedy was cited as an example, where disputes between different authorities complicated the disaster management process.
- In response, the Union Minister defended the Bill, asserting that it was introduced under Entry 23 of the Concurrent List, following recommendations from a task force report in 2013.
- The Minister emphasized that the amendments are necessary to align the Disaster Management Act with contemporary challenges and to integrate disaster management into development planning.
Rationale and Future Implications
- The statement of objects and reasons provided by Union Home Minister highlighted the need for these amendments to address lessons learned from past disasters and to align disaster management strategies with the recommendations of the Fifteenth Finance Commission.
- The Bill aims to bring greater clarity and coordination among various disaster management authorities and committees.
- It will ensure that India’s disaster management framework is robust, responsive, and capable of addressing both current and emerging challenges.
- The proposed amendments represent a significant shift in India’s approach to disaster management, emphasizing not only response and recovery but also prevention, risk reduction, and resilience building.
- By focusing on creating detailed databases, empowering key authorities, and integrating disaster management into broader development planning, the Bill aims to enhance the country’s ability to mitigate and manage disasters effectively.
