Recently, the Government of India introduced a bill proposing several amendments to the Disaster Management Act 2005. These amendments to the act mainly aim at improving the operational efficiencies in responding to a natural disaster. Though the Bill seeks to significantly expand the role and responsibilities of the National Disaster Management Authority (NDMA), however, it misses the opportunity to upgrade and strengthen the institutional status of NDMA.
What are the Important Changes introduced in the Disaster Management (Amendment) Bill 2024?
| Establishment of Urban Disaster Management Authorities | The amendment Bill seeks to establish an Urban Disaster Management Authority headed by the Municipal commissioner for large metropolitan cities, which often comprise many districts. This can help in having a unified and coordinated approach towards city-level disasters such as urban flooding. |
| Mandatory for the States to raise SDRF | The Disaster Management Act 2005, did not make it mandatory for the states to raise State Disaster Response Force (SDRF). The size and capacity of the SDRFs in the states vary significantly. The Bill proposes to make it mandatory for every state to raise and maintain an SDRF. |
| Legal Status to National Crisis Management Committee (NCMC) | The amendment Bill gives legal status to the NCMC. It makes NCMC the nodal body to deal with disasters with ‘serious or national ramifications.’ |
| Enhanced role of NDMA | The Bill proposes to significantly expand the role and responsibilities of the NDMA. It will take stock of the entire range of disaster risks to the country, including risks from emerging disasters. |
| Shift of responsibilities in the preparation of Disaster Plans | The National Disaster Management Authority (NDMA) and State Disaster Management Authorities will be responsible for preparation of disaster plans at the national and state levels. Earlier, the disaster management plans were prepared by the National Executive Committee and State Executive Committees. |
| Creation of Disaster Databases | The NDMA will be required to create and maintain a national disaster database with information on the assessment of the disaster, fund allocation, expenditure, and preparedness and mitigation plans. The SDMAs will also need to create state-level disaster databases. |
| Compensations | The Bill proposes that the NDMA should recommend guidelines for minimum standards of relief to be provided to people affected by disasters. This includes a recommendation on compensation amounts in case of loss of lives, damage to homes and property, and loss of livelihoods. |
| Clarified definition of Disasters | The Bill clarifies that the definition of Disasters does not include man-made disasters caused due to law-and-order situation. For ex- Loss of lives, suffering, or property damage in a riot would not fall in the disaster. |
What are the concerns with the Disaster Management (Amendment) Bill 2024?
The Disaster Management (Amendment) Bill, 2024, raises significant concerns as it overlooks participatory governance, accountability, and efficiency. Instead of addressing the gaps in the Disaster Management Act (DMA), 2005, the Bill dilutes critical provisions, weakening its framework.
1. Top-Down Terminology- The Bill employs top-down language like ‘monitor’ and ‘guidelines’ instead of inclusive terms such as ‘supervision’ and ‘direction.’
2. Less focus on Community Engagement- Critics argue that the Bill excludes local communities, which global frameworks like the Yokohama Strategy and Sendai Framework recognize as first responders.
3. Weak Acknowledgment of Local Roles- The Bill fails to integrate the roles of local communities, panchayats, and NGOs. Historical events like Cyclone Aila (2009), Kedarnath floods (2013), and Kerala floods (2018) have highlighted the proactive role of locals leading initial rescue efforts before the arrival of official teams.
4. Ignorance of Intersectional Vulnerabilities- Critics argue that the Bill does not address intersectional discrimination, leaving vulnerable groups such as women, the disabled, lower castes, and LGBTQIA communities exposed to systemic neglect. It disregards the importance of inclusive datasets to capture layers of discrimination.
5. Absence of Performance Evaluation- The Bill lacks mechanisms for assessing district authorities’ preparedness.
6. Removal of Relief Standards- Sections 12 and 13 of the Disaster Management Act 2005, which mandated minimum relief standards and loan repayment assistance, have been removed. Similarly, Section 19, which ensured State compliance with relief standards and provided for widows, orphans, and livelihood restoration, has been dropped without replacement.
7. Reduced Enforcement Provisions- Mandatory enforcement measures in Sections 35(2b) and 35(2d) that promoted disaster preparedness have been removed.
8. Neglect of Animal Welfare- The Bill completely ignores animal welfare during disasters, despite the thousands of animals affected during a disaster.
9. Lack of Regional Collaboration- The Bill fails to address regional cooperation despite rising zoonotic and epizootic diseases. It overlooks frameworks like the 2011 SAARC Agreement on Rapid Response to Natural Disasters and potential partnerships with SAARC, BIMSTEC, and BRICS.
What is the Disaster Management Act, 2005? What is the objective of the Act?
The Disaster Management Act, 2005 was enacted in India to provide a comprehensive framework for disaster management across the country. The Act encompasses 11 chapters and 79 sections, focusing on effective disaster management, risk reduction, and rehabilitation efforts.
Objectives of the Disaster Management Act 2005
a. Disaster Management Policies- The Act seeks to formulate and execute disaster management policies.
b. Disaster prevention and Mitigation- The act seeks to provide necessary measures for disaster prevention, mitigation, by enhancing preparedness and capacity building for the anticipated forthcoming calamities.
c. Disaster Relief- The Act seeks to provide financial aid and assistance to the disaster-affected state and people.
Legal-Institutional Framework of the DM Act 2005
| Institutions | Role | Composition |
| First Tier | ||
| National Disaster Management Authority (NDMA) (Section 3) | Act as the central body for disaster management policies, plans, and guidelines (Section 6) | Chairperson- Prime Minister Members- Ministers of State for Home Affairs, Agriculture, Atomic Energy, Science & Technology, and other relevant ministries Vice-Chairperson and other members- As nominated by the Chairperson |
| National Executive Committee (NEC)(Section 8) | Assist the NDMA in performing its functions and ensure compliance with the directions. | Chairperson- Home Secretary Members- Secretaries to the Government of India in various departments, Chief of the Integrated Defense Staff of the Chiefs of Staff Committee |
| National Institute of Disaster Management (NIDM) (Section 42) | Training, research, and capacity–building institution. | Director- Appointed by the Central Govt. Members- Experts and professionals in disaster management and related fields |
| National Disaster Response Force (NDRF) (Section 44) | Special response force for disaster situations | Control- Director-General appointed by the Central Government Composition- Various battalions from Central Armed Police Forces |
| Second Tier | ||
| State Disaster Management Authority (SDMA) (Section 14) | Lay down the state disaster management plan and policies | Chairperson- Chief Minister Members- Ministers nominated by the Chief Minister, including the Minister for Disaster Management |
| State Executive Committee (SEC) (Section 20) | Ensure that the state’s disaster management plan is implemented with coordination and monitoring. | Chairperson- The state’s chief secretary Members- Department secretaries, as determined by the state government. |
| Third Tier | ||
| District Disaster Management Authority (DDMA) (Section 25) | Organize, plan, and carry out disaster management initiatives at the district level. | Chairperson- District Magistrate Co-Chairperson- Elected representative of the local authority Members- Include the Chief Medical Officer, Superintendent of Police, and additional district-level personnel nominated by the state government. |
| Local Authorities (Section 41) | Execute disaster management procedures in compliance with district and state plans. | Composition- Consists of town planning authorities, municipalities, district and cantonment boards, Panchayati Raj establishments, and other organizations in charge of urban development and planning. |
Funding Framework Provided by the Disaster Management Act 2005
The funding framework of the Disaster Management Act (DMA) 2005 in India is primarily structured around two key financial instruments- the National Disaster Response Fund (NDRF) and the State Disaster Response Fund (SDRF).
| National Disaster Response Fund (NDRF) | The NDRF is established to provide timely financial assistance for immediate relief and rehabilitation during disasters. The NDRF is funded by the central government, and its utilization is governed by guidelines issued by the National Disaster Management Authority (NDMA). |
| State Disaster Response Fund (SDRF) | The SDRF operates at the state level, complementing the NDRF. Each state government is required to establish its own SDRF to address local disaster management needs. The SDRF is funded through contributions from both the central and state governments, with the central government typically providing a significant portion of the funding. |
What is the Significance of the Disaster Management Act 2005?
1. Establishment of Legal institutional Framework- The Act has led to the creation of the NDMA, SDMAs at the state level, a National Disaster Response Force (NDRF), and a National Institute of Disaster Management (NIDM). These institutions help in mitigating disasters by promoting disaster-related research, training, awareness, and capacity building.
2. Disaster Mitigation- The institutional framework provided by the Disaster Management Act, has served India well in dealing with natural disasters. Over the years, it has helped in saving thousands of lives, and has provided relief, rescue and rehabilitation services.
3. Emphasis on Disaster Risk Reduction- The Act emphasizes the importance of disaster risk reduction by promoting the integration of disaster management into development planning processes. For ex- National Disaster Management Policy in 2009 and National Disaster Management Plan in 2016, stress on the importance of Disaster Risk reduction which is the main aim of the Act.
4. Facilitation of Resource Allocation- The Act provides for the establishment of the National Disaster Response Fund (NDRF) and State Disaster Response Funds (SDRFs) to ensure timely financial assistance for disaster response and relief operations.
5. Promotion of Community Participation- The Act recognizes the importance of community participation in disaster management by emphasizing the role of local authorities and community groups in disaster response and recovery efforts.
What are the Challenges with the Disaster Management Act in India?
Institutional Challenges
1. Absence of vice-chairperson of NDMA- The post of Vice chairman of NDMA has been vacant for about a decade. The absence of Vice-chairperson has deprived NDMA of the leadership and the necessary political heft to deal with states and other Government agencies.
2. Lack of administrative financial powers- NDMA lacks administrative financial powers, and routing of every small decision through the Home Ministry is an inefficient and time-consuming process.
3. Staff-Shortage in NDMA- The NDMA is severely short-staffed at the top. There are only three functioning members in NDMA. Earlier, the NDMA would have six to seven members, with each in charge of a specific type of disaster.
4. NDMA’s Invisibility during major crises- The Disaster Management Act has been criticised for its inadequate project planning and execution. National Disaster Management Authority (NDMA) was nearly invisible during major crises like the COVID-19 pandemic.
Functional Challenges
1. Ineffective integration and prioritisation of disaster risk reduction (DRR) efforts- Disaster risk reduction (DRR) efforts are critical for mitigating the impact of disasters. Comparative studies have highlighted the lack of integration of disaster risk reduction (DRR) efforts with the developmental works.
2. Ineffectiveness in addressing Public Health Crises- The Act lacks functional provisions to comprehensively address the relief, rescue and rehabilitation in cases of epidemics and bioterrorism.
3. Lack of emphasis on Man-made hazards and Climate change risks- The Act has not effectively addressed the systemic and cascading nature of climate-change related disasters and man-made disasters.
4. Centralised and Top-Down Functioning- The centralized and top-down functional nature of the Disaster Management Act has often led to the neglect of local and community-based interventions crucial for long-term resilience and recovery.
Funding Challenges
1. Inadequate Funding- The allocated funds are insufficient to meet the actual needs during large-scale disasters. This has leding to delays in response and recovery.
2. Bureaucratic Delays- The disbursement process prescribed by the DMA has met with bureaucratic hurdles, hindering timely assistance to affected populations.
What Should be the Way Forward?
1. Revision of key definitions- Section 2 of the Act should be amended to include explicit definitions for ‘hazards,’ ‘prevention,’ and ‘mitigation,’. This will provide consistency and clarity throughout the Act.
2. Inclusion of disaster prevention chapters- Chapters that explicitly address disaster prevention and include comprehensive prevention plans should be introduced and included.
3. Enhanced accountability measures- Judicial oversight to hold officials accountable for their actions under the Act must be enhanced under the Act. This would enhance transparency and effectiveness of the Act.
4. Modernization of early warning systems- The early warning and forecasting clauses must be updated to incorporate modern technologies such as GIS and AI. This would improve prediction accuracy and response in cases of Disaster.
5. Community engagement and policymaker involvement- Community awareness of disaster risks and management strategies should be enhanced. The active engagement of policymakers and stakeholders in supporting and implementing disaster risk reduction and management initiatives, should be prioritised.
6. Special resource allocation- Specific annual budget allocations for disaster management must be designated to ensure adequate funding for Disaster Management.
Adopting these recommendations can transform the Disaster Management Act of 2005 into a more effective tool, promoting a proactive, organized, and successful approach to disaster management in India.
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