Disaster Management Bill 2024: The Need for a Holistic and Adaptive Framework for Resilience

Policy Update
Devananda S

Context

The Disaster Management (Amendment) Bill, 2024, was introduced in Lok Sabha on August 1, 2024. The bill is an amendment of the Disaster Management Act, 2005. The act of 2005 was enacted in response to the several devastating disasters, including the 1999 Orissa Super Cyclone, 2004 Indian Ocean Tsunami and the 2001 Gujarat Earthquake. The Act has played a crucial role in institutionalising disaster management in India, establishing bodies like the National Disaster Management Authority (NDMA) to coordinate and respond to disasters. The Disaster Management (Amendment) Bill, 2024 was introduced to establish a legal framework capable of addressing the changing nature and increasing frequency of disasters, while also strengthening disaster risk reduction and management strategies.

History

Despite being one of the most disaster-prone countries, disaster management was not included in India’s Constitution, and for years, disasters were managed through a trial-and-error approach, causing immense suffering. The growing threats of climate change led to a global push for a stronger legal framework for disaster management. In response, India enacted the Disaster Management Act, 2005, which was passed on 23rd December, 2005. This, to date, acts as the foundational legislation for India’s disaster management initiatives. The act contains 11 chapters and 79 sections.

Here are the key aspects of Disaster Management Act, 2005:

  • National Disaster Management Authority
    The National Disaster Management Authority (NDMA) is responsible for formulating policies, approving the national disaster management plan, and coordinating the enforcement and implementation of disaster management strategies. Headed by the Prime Minister of India, the NDMA comprises up to nine members, including a Vice-Chairperson, with each member serving a five-year tenure.
  • National Executive Committee
    The National Executive Committee (NEC), as the executive arm of the NDMA, assists in implementing the National Authority’s policies and plans, ensuring compliance with disaster management directives from the Central Government. Composed of Secretary-level officers from key ministries like health, power,home,finance, and agriculture, the NEC is responsible for preparing and annually reviewing the National Disaster Management Plan.
  • State Disaster Management Authority and State Executive Committee
    The Act provides for the constitution of bodies at the state level in the name of the State Disaster Management Authority (SDMA) and the State Executive Committee (SEC).The State Disaster Management Authority (SDMA), headed by the Chief Minister and consisting of eight appointed members, is responsible for creating the disaster management plan for its state.Under Section 28, the SDMA ensures that all state departments prepare disaster management plans in accordance with national and state guidelines. The State Executive Committee (SEC) is also empowered under Section 24 to take action in the event of a disaster.
  • District Disaster Management Authority
    The Chairperson of the District Disaster Management Authority (DDMA) will be the Collector or District Magistrate or Deputy Commissioner of the district.
  • National Disaster Management Force
    The NDRF is responsible for responding to imminent disaster situations or similar emergencies and is headed by a Director-General appointed by the Central Government.
  • National Institute of Disaster management
    The act of 2005 granted statutory status to National institute of Disaster management. The NIDM has been mandated by the Government of India. It is expected to be a deemed university and institute of excellence of higher learning and capacity building.

Disaster Management Amendment Bill, 2024

  • Preparation of Disaster Management Plans
    The bill suggests the National Disaster Management Authority and State Disaster Management Authority directly make disaster management plans. The act on the other hand provided for the constitution of National and State Executive committiees to assist with the excecution.
  • National and State Disaster Database
    The bill mandates the development of an extensive disaster database at both national and state level. Aspects such as disaster assessment, preparedness, and fund allocation .
  • Urban Disaster Management
    The bill provides for separate Urban Disaster management Authorities for capitals and cities with municipal corporations, except for National Capital Territory of Delhi and Union Territory of Chandigarh. The chairperson of the urban authorities will be the Municipal commissioner and the vice chairperson the District Collector, along with other members specified by the state. It will be entrusted with preparation and implementation of disaster management plans for an area.  
  • State Disaster Response Force
    While the act provides for the formation of the National Disaster Response Force, the bill put forward the State Disaster response Force. 
  • Statutory Status
    The Bill grants statutory status to existing bodies like the National Crisis Management Committee (NCMC) and the High Level Committee (HLC). The NCMC will serve as the central body for managing major disasters with significant or national impact.
  • Risk Assessment
    The NDMA will be tasked with conducting regular assessments of the complete spectrum of disaster risks across the country, including emerging threats and potential future disasters arising from extreme climate events and other factors.
  • Penalties for non-compliance
    A new provision (Section 60A) introduces penalties up to ₹10,000 for failing to        comply with government directives on disaster risk reduction​.

Major Criticism

The amendment is considered  a missed opportunity taking into account many areas that the bill left untouched. In India, disaster relief provided by the welfare state is treated as an obligation rather than a legal entitlement, because of which the type and extent of Government aids differ significantly across states. Even within the same state, the response to similar disasters tends to vary from time to time.

Although a ‘Minimum Standards of Relief’ guideline is available at the national level, no progress has been observed in the new bill with regards to this. Absence of effective decentralisation is another major drawback of the bill. It is criticised for being restrictive with respect to the flexibility of district administrations working. Lack of sufficient funding and empowerment of local self-governments is also considered a major issue. Even while emphasising on the need for effective coordination as a solution, it does not give any clarity on how to navigate this among diverse institutions at the ground level.

The bill’s reluctance to fully integrate climate change into disaster management is also considered a major issue. Even though the bill has a provision for ‘emerging disaster risk’, it is yet to initiate a holistic approach to disaster management. Despite over 700 heat- deaths reported till September 2024, heat waves remain uncategorized as disasters, highlighting the urgent need to address the growing impact of global warming. It does not expand the list of notified disasters. The establishment of Urban Disaster Management Authorities (UDMAs) is a crucial step towards improving urban disaster response. However, concerns remain regarding the capacity of Urban Local Bodies (ULBs) to manage these new authorities effectively.

Way Forward

The Disaster Management (Amendment) Bill, 2024, can achieve its intended goals through key improvements such as decentralising disaster response by empowering local self-governments and allocating sufficient resources for grassroots preparedness. Recognizing emerging risks as disasters and integrating climate adaptation strategies is essential to address the increasing impact of climate change. Establishing disaster relief as a legal right with standardised assistance can reduce disparities across states and ensure equitable support.The nature of disasters has evolved significantly in recent years, with climate change leading to more frequent and severe events like heat waves, cyclones, and floods. This changing landscape demands a shift in the approach to disaster management, emphasising resilience, preparedness, and adaptability.

References

About the Contributor: Devananda S is a research intern at IMPRI, currently pursuing her BA Programme (Economics, Maths) from Delhi University.

Acknowledgement: The author would like to express my sincere gratitude to Dr. Arjun Kumar and Ms. Aasthaba Jadeja, for their valuable input in reviewing the article.

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