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Constitutional Law

Disaster Management (Amendment) Bill, 2024

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 26-Dec-2024

Source: The Hindu 

Introduction 

The new Disaster Management (Amendment) Bill, 2024 has some serious problems that need attention. While it was meant to improve the existing Disaster Management Act from 2005, it actually seems to be taking steps backward. Instead of making disaster management more inclusive and efficient, the bill removes important elements of community participation and accountability. The new bill uses complicated top-down language that distances itself from local communities, unlike global frameworks that recognize local people as crucial first responders in disasters. 

What is the Disaster Management Amendment Bill 2024? 

The Disaster Management Amendment Bill 2024 is a comprehensive update to the Disaster Management Act, 2005, which established three key authorities: 

  • The National Disaster Management Authority (NDMA) at the central level, headed by the Prime Minister, to lay down policies and guidelines for disaster management. 
  • The State Disaster Management Authority (SDMA) in each state, led by the Chief Minister, to coordinate and implement disaster management activities at the state level. 
  • The District Disaster Management Authority (DDMA) at the district level, chaired by the District Collector/Magistrate, to plan and execute disaster management strategies locally. 

What are the Problems with the Disaster Management (Amendment) Bill, 2024? 

  • The bill uses restrictive top-down language like 'monitor' and 'guidelines' instead of more inclusive terms like 'supervision' and 'direction', which creates distance from local communities and governments. 
  • Despite defining terms like 'hazard' and 'resilience', it fails to acknowledge the crucial role of local communities, panchayats, wards, and NGOs in disaster management - who are often the first responders in emergencies. 
  • The bill ignores intersectional discrimination, failing to address the specific vulnerabilities of women, disabled people, lower castes, and LGBTQIA communities during disasters. 
  • It removes important accountability measures by omitting Sections 12 and 13 of the original Act, which covered minimum standards of relief for disaster victims and loan repayment relief options. 
  • Critical performance evaluation measures for district authorities have been removed, making it harder to assess their preparedness and response effectiveness. 
  • The bill creates confusion by excluding 'law and order' matters while simultaneously including State Director Generals of Police in State Executive Committees (SECs). 
  • It inexplicably proposes a new Urban Disaster Management Authority (UDMA) without clear justification, potentially creating unnecessary bureaucratic layers. 
  • The bill completely overlooks animal welfare during disasters and fails to integrate with existing Animal Birth Control Rules, 2023, showing a lack of comprehensive planning. 

What are the Important Sections of the Disaster Management (Amendment) Bill, 2024? 

  • Section 2 (Definitions and Clarifications): 
    • Clarifies that "man-made causes" excludes law and order matters 
    • Introduces new terms like "disaster database," "disaster risk," "evacuation," "exposure," "hazard," and "vulnerability" 
    • Adds definitions for National Crisis Management Committee and National Policy 
  • Section 5 (National Authority Structure): 
    • Allows National Authority to specify number and nature of officers 
    • Enables appointment of experts and consultants 
    • Sets provisions for salaries and allowances 
  • Section 8A & 8B (New Committees): 
    • Establishes National Crisis Management Committee headed by Cabinet Secretary 
    • Creates High Level Committee for financial assistance to states 
  • Section 41A (Urban Disaster Management): 
    • Enables creation of Urban Disaster Management Authority for state capitals and cities with Municipal Corporations 
    • Establishes structure with Municipal Commissioner as Chairperson 
    • Mandates preparation and implementation of Urban Plan 
  • Section 44A (State Response Force): 
    • Allows state governments to constitute State Disaster Response Force 
    • Provides framework for specialist response to disaster situations 
  • Sections 46-48 (Financial Provisions): 
    • Modifies provisions for National Disaster Response Fund 
    • Updates guidelines for National Disaster Mitigation Fund 
    • Revises state-level fund management 
  • Section 60A (Enforcement Powers): 
    • Gives Central/State governments power to require specific actions during disasters 
    • Sets maximum penalty of ₹10,000 for violations 
    • Limits notification validity to 6 months 
  • Section 76A (Regulatory Powers): 
    • Grants National Authority power to make regulations 
    • Requires Central Government approval for regulations 
    • Ensures consistency with Act provisions 

Changes in Disaster Management (Amendment) Bill, 2024 

  • Organizational Changes: 
    • Shifts disaster management plan preparation authority from Executive Committees to NDMA and SDMA 
    • Creates new Urban Disaster Management Authority (UDMA) for cities with municipal corporations 
    • Establishes State Disaster Response Force (SDRF) for faster local response 
    • Gives legal status to existing National Crisis Management Committee and High-Level Committee 
    • Introduces systematic review cycles with plans being revised every 3 years and updated every 5 years 
  • Enhanced Disaster Management Framework: 
    • Introduces comprehensive "disaster risk" definition covering life, property, and infrastructure losses 
    • Creates mandatory disaster database system at national and state levels 
    • Expands funding scope through National and State Disaster Response Funds 
    • Strengthens NDMA's oversight role in planning and implementation 
    • Integrates urban disaster management through dedicated authorities 

Conclusion

The bill falls short in several critical areas, particularly in regional cooperation and modern challenges. It misses the opportunity to establish strong collaborative frameworks with neighboring countries through organizations like SAARC, BIMSTEC, and BRICS, which is crucial given that disasters don't respect national boundaries. The bill also fails to address contemporary issues like zoonotic diseases and doesn't build upon existing agreements like the 2011 SAARC Agreement on Natural Disasters. Given South Asia's interconnected nature, this lack of regional collaboration is a significant oversight that could hamper effective disaster response in the future.