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Disaster Management Act, 2005: A Disaster in Waiting?

Article in Economic and political weekly · January 2006

DOI: 10.2307/4418643

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 Until recently, the focus was on post-
disaster relief and rehabilitation. However,
the present philosophy lays more emphasis
on mitigation and vulnerability reduction
and it has become absolutely necessary to
strike a balance between mitigation and
managing disaster. Numerous deaths and
enormous loss of property have compelled
the state as well as civil society to ponder
the question – are we well equipped to fight
such emergency situations? In such a
context, a welcome effort has come from the
government of India. In the winter session,
Parliament passed a legislation known as
The Disaster Management Act, 2005. The
objective of this article is to focus on the
nitty-gritty of the act and to assess its ef-
fectiveness in combating the challenges of
disasters and collateral issues.

Existing Mechanisms
of Disaster Management
In India, states are primarily responsible
for handling disasters. The government of
India supplements the efforts by extending
logistics and financial support such as

Disaster Management contributing to State Calamity Relief Funds

(75 per cent contribution by GoI and 25 per
cent by state governments) for immediate

Act, 2005 relief, restoration of essential infra-

structure and public assets in the social
sector. In addition, a National Calamity
Contingency Fund has been constituted at
A Disaster in Waiting? the central level for providing additional
resources. Government of India also has
The Disaster Management Act passed in 2005 provides for a different nodal ministries in charge of
detailed action plan right from the central government to the different types of disasters: Agriculture
district and local levels to draw, implement and execute disaster ministry for natural disasters, atomic en-
ergy for nuclear disasters and so on.
management plans. However, it overlooks significant aspects, There is a National Crisis Management
such as classification of disasters, declaration of disaster-prone Committee (NCMC) under the cabinet
zones, streamlining of responsibilities and involvement of secretary and Crisis Management Group
local communities. (CMG) under the central relief commis-
sioner. Besides, a group of ministers, group
SUBHRADIPTA SARKAR, damaged annually. In India, while 40 of secretaries and high level committees can
ARCHANA SARMA million hectares of landmass is prone to be constituted whenever required by the
floods, 68 per cent of the total areas is situation. Similarly, at the state level, there
vulnerable to periodical droughts.1

T
he Indian subcontinent is among the is the state crisis management group headed
world’s most disaster-prone areas. The intensity and frequency of disasters by the chief secretary, the relief commis-
With its vast territory, large popu- have increased in recent years. Examples sioners, contingency plans in the states as
lation and unique geo-climatic conditions, can be drawn from the recent past when well as districts level. Apart from that, some
the subcontinent is frequently exposed to one after another disaster has shattered the states have their comprehensive relief codes.
natural catastrophes. Even today natural subcontinent with irreparable loss of life The government of India has adopted
hazards like floods, cyclones, droughts and property. The tsunami of 2004, floods mitigation and prevention as essential com-
and earthquakes are not rare or unusual in in various parts of the country and the ponents of its development strategy. Several
the country. Among the 35 states and union earthquake in Jammu and Kashmir have programmes and projects are in existence
territories, 25 are disaster prone. While the once again raised the question of disaster to deal with different types of disasters,
average loss of human life every year is management in India. The country e g, earthquake risk mitigation, a project
3,600, 1.42 million hectare crop area is requires a long-term development-oriented for cyclone mitigation (estimated cost
affected and 2.36 million houses are approach to disaster risk management. Rs 1,050 crore), disaster risk management

3760 Economic and Political Weekly September 2, 2006

programme (for 17 multi-hazard prone process, the UN Guiding Principles on
states with the assistance from UNDP, Internal Displacement have also been taken
USAID and European Union). into consideration. There are certain areas
which need some deliberation.
An Overview of the Act The act refers to a “disaster” as “substan-
tial loss” of life and property, again in section
The Disaster Management Act provides 13, it refers to “disasters of severe magni-
for a detailed action plan right from the tude”. How will we differentiate between
central government to the district and local the two situations? Who is going to decide
levels to draw, implement and execute a this? Moreover in the second case, relief in
disaster management plan. According to loan repayment or fresh loans may be granted.
the act, a national disaster management Favouritism will certainly play its role in
authority will function under the chairman- this aspect.
ship of the prime minister. Similarly, the The act complicates the issue more as
state disaster management authorities will it has no provision for declaration of a
be under the chief ministers and the district disaster or disaster-prone zones and
disaster management authorities under the classification of disaster (national or re-
district magistrates. The national authority gional). The Disaster Management Act,
would be the nodal body and lay down 2002 of South Africa or our own Gujarat
all the plans and policies assisted by the act has detailed provisions in these areas.
secretaries of various ministries and Without an area being declared as “disas-
department heads. ter prone”, a pro-active role by the state
Mention has been made of setting up of cannot be expected. Classification helps in
a national institute of disaster manage- assessing the extent of damages.
ment, which will be engaged in research, One of the unique features of the South
training of personnel for disaster manage- African legislation is the addressing of a
ment, building awareness. Minimum relief disaster as a “progressive or sudden”
is to be provided in terms of medicines, phenomenon. In the context of the Indian
shelter, water, food. Granting of loans has act, disasters are portrayed only as sudden
been taken into account. It speaks of a acts. But in many cases it is progressive.
holistic effort through various wings of the The best example can be the cases of
government to ensure a prompt response to epidemics which often affect a consider-
disasters. A chain of responsibilities and able portion of the population. The horror
duties down to the local authorities has also of plague that swept through south-central,
been established. The act also specifies that south-western, and northern India in 1994
experts in the field of disaster management is still fresh in our memory. Diseases like
be drawn on board in an advisory capacity. malaria and dengue haunt metro cities like
It recommends the setting up of a national Kolkata every year. In 2005, over 1,600
disaster response force for the purpose of people in the city were affected by dengue.
“specialist response” to a threatening Still an effective mechanism has not been
disaster situation or disaster. drawn to fight such situations or take a pro-
Pending the enforcement of the act, a active role to check such ordeals. Once the
National Disaster Management Authority situation gets out of control, the blame
(NDMA) has been set up through an execu- game starts among the various departments
tive order, headed by the prime minister. of the government and the civic authori-
ties. Again in India, each year, tuberculosis
Analysis of the Act kills half a million people and diarrhoeal
diseases more than 6,00,000. These do not
Many countries round the world happen suddenly, but aren’t these “dis-
have disaster related legislations. Several asters”? On the whole, the matter of public
Indian states have relief codes, states like health has been unable to find any space
Gujarat have a specific legislation known in the new Indian legislation.
as the Gujarat State Disaster Management The act provides for establishment of a
Act, 2003 which came into existence after number of statutory bodies such as the
parts of the state were ravaged by an national disaster management authority,
earthquake in 2001. In the light of some state disaster management authorities and
legislation from countries like Japan, South district disaster management authorities,
Africa, New Zealand and Canada as well etc, advisory committees, executive com-
as of Gujarat, the new Indian legislation mittees and sub-committees under the
is reviewed here to assess to what extent government. The establishment of so many
it is equipped to manage disasters. In the committees and authorities does not seem

Economic and Political Weekly September 2, 2006 3761

to have a strong logical foundation. There are no such substantive provisions, but even the individuals duty-bound to assist
are such overlapping duties found among only a minor reference to taking necessary the collector or the commissioner in coun-
various authorities in the act that they are measures for disaster management. Under tering disasters. Inspirations can be drawn
bound to confuse people. Further, the the Gujarat legislation, detailed responsi- from foreign legislation. New Zealand
coordination among these bodies appears bilities are laid down for the local authori- enacted the Civil Defence Emergency
to be very cumbersome. ties. Regarding the importance of the lower Management (CDEM) Act, 2002 to counter
So far as the constitution of authorities is strata of the administration, some instances emergency situations including disasters.
concerned, the maximum number of mem- of foreign legislation can be cited. One of Under this act, local authorities, non-gov-
bers is fixed at 10. Among 10 members, nine the striking features under the Emergency ernment agencies, the voluntary sector,
are to be nominated by the prime minister, Programme Act of British Columbia, churches, and community groups are in-
the ex officio chairperson. No qualification Canada, is the importance of decision- volved in disaster risk management activi-
is necessary for the members, whereas in the making placed in the hands of the local ties at both national and community levels
Gujarat act, the members of the state author- authority. The local authority is empow- and are tied into the process through the
ity are clearly mentioned who include the ered to declare local emergency, if it is pre-incident planning and agreements. For
director-general of police and the state relief satisfied that an emergency exists or ap- example, Red Cross has the responsibility
commissioner. Being an authority at the pears imminent. Under the Disaster Relief at both national and regional levels for
national level, the eligibility for members Act, 1947 of Japan, the prefectural gov- registration of victims of disasters. Article
should have been spelt out in the act. In the ernor may delegate a part of his authority 1 of the Japanese legislation clearly speci-
context of the political scenario of our for the implementation to relief activities fies that the purpose of the act is to protect
country, the appointments to the national to a head of municipality, in order to con- victims of disaster and maintain social
authority can be strongly influenced by poli- duct relief activities in a speedy manner. order by causing the central government
tical motives. This will certainly lead to un- No disaster can be ever dealt with effec- to provide needed relief services “on an
suitable people being appointed to high posts. tively only through administrative set-up, emergency basis in cooperation with local
The local authorities, who probably have alienating the community as a whole. But public entities and the Japan Red Cross,
a valuable role to play, are barely men- unfortunately, the act entirely ignores this other entities, and the people of Japan”.
tioned in the act. There are detailed pro- very important aspect. The act is going to Under the act, the prefectural governor can
visions regarding the functions of different be implemented entirely through the gov- cause persons engaged in medical services,
authorities, including government depart- ernment system. The Gujarat act makes the civil engineering and construction services,
ments. In the case of local authorities, there community, private sector enterprises and or transportation services to engage in

Foundation AD

3762 Economic and Political Weekly September 2, 2006

activities related to relief activities (article Disasters often displace a large number of management of progressive disasters also.
24). The South African law emphasises the people to new places within their countries. Modalities can be worked out to assign
establishment of a national framework for There are reports of government’s forced those works to various bodies referred to
disaster management comprising all na- eviction from the coast in the state of Tamil in the act. (ii) Qualifications for the mem-
tional, provincial and municipal organs of Nadu after the tsunami in the name of bers to be appointed in the national
state, statutory functionaries along with safety. The government of Tamil Nadu has authority must be laid down. Incorporation
non-governmental institutions involved in brought out government order (GO) 172 of some experienced people outside the
disaster management, the private sector, which is highly debated and alleged to government mechanism should be manda-
communities and individuals. Such provi- induce people to relocate. In case of partly tory. (iii) The powers and functions of the
sions prove that a lot of responsibilities damaged houses built before 1991 within various authorities and committees need
have been pumped into the management 200 m of the high tide line the owners will to be worked out carefully so that there are
process through the process of community get a new house worth Rs 1.5 lakh, con- not many overlapping areas. (iv) Creation
participation. structed by the government, provided the of too many plans and policies should be
In the process of excluding the commu- owners are willing to move beyond 200 avoided as far as possible. (v) The entire
nity, the other important aspect which is m. But the owners unwilling to move out system must have a budget of its own with
missing in the Indian act is the recognition will have to undertake all the repair work provisions for accounts and audit of the
of traditional knowledge. The question may without any government assistance. In case funds referred to in the act should be pro-
be raised about why such an initiative of fully damaged houses there is no option vided to ensure transparency. (vi) Consider-
is necessary. In New Zealand, it is incum- but of moving out, as new construction in ing the plight of the people during disasters
bent on the ministry of civil defence and the same place is strictly prohbited accord- and the lackadaisical response of the
emergency management (CDEM) groups ing to this GO. This is a clear policy of authorities in many cases, the penal provi-
to consult with Maori (indigenous tribes) the government forcing the helpless people sions for false claims must be removed.
on hazards and risks and the options for to relocate. Willing owners have to re- (vii) Provisions of challenging the actions of
their treatment, when developing a CDEM linquish their old property to the govern- the officials only in higher courts need to
group plan. If tribals in the Andamans could ment in favour of a new abode. The prop- be removed. The involvement of the local
survive the tsunami, it was because their erty so relinquished would be used for authorities and voluntary organisations
existing warning systems worked well in “public purposes”. Nothing is mentioned regarding the ground level activities need
comparison to our non-existent modern about the nature of these public purposes. to be stressed. The emphasis of disaster
systems. The fact that traditional houses In such circumstances, there is no legal management efforts should focus on rights
of wood and stone survived the Uttarkashi hindrance for the state to go ahead even with of the communities and the people who
earthquake not so long ago while modern tourism projects at the expense of those live in them.
buildings collapsed offered a similar lesson.2 poor people.4 There is a growing recog- The act falls short of the expectations in
Native intelligence is significant and tech- nition towards the United Nations Guiding all aspects, considering the time involved
nical expertise needs to treat this as comple- Principles on Internal Displacement which in the making of the legislation. Finally, it
mentary. The affected communities require include people displaced internally due to may be concluded that it will spell a greater
sufficient space to voice their concerns. natural disasters. It categorically states that disaster if there is no careful formulation
Another significant aspect of the act is it is the primary responsibility of the state of rules and regulations. It is better if the
that the actions of the national, state and to prevent and avoid arbitrary displace- act goes for some amendments. EPW
district authorities as well as the central ment of its people. The act appears to have
and sate governments cannot be challenged concentrated more on disaster manage- Email: [email protected]
except in the Supreme Court or the high ment through government system rather [email protected]
courts having respective jurisdictions. than focusing on the fact that the affected
Granting the officials such a high degree communities also have a right to relief and Notes
of immunity encourages them to indulge rehabilitation as well as the right not to be 1 S K Swami, presentation as ‘Organisation of
in such activities which may go against the displaced unnecessarily. Disaster Response in India at Central and State
objective of the act. Hence, it affects Government Levels’, Annual Conference of
people’s right to seek justice. Conversely, Relief Commissioners, 2001. Available at
Conclusion www.ndmindia.ric.in/documents/Disaster
it imposes punishment for false claims. Response.ppt.
Many studies, even in the context of the As the act has an overriding effect, it is 2 ‘Disaster Management: Putting People First
tsunami had clearly shown that many people going to be the supreme legislation in the available at http://www.indiatogether.org/2005/
have been excluded on the basis of caste, field of disaster management. So it is better apr/vup-disaster.htm#continue
3 Tsunami Legal Action Committee (TLAC)
religion, etc, by the state in the relief and that some areas are carefully looked into comprising of the organisations, namely,
rehabilitation process. With jurisdiction before it gives rise to a multiplicity of People’s Watch – Tamil Nadu (PW-TN), SOCO
vested only in the higher courts, it will problems after its implementation. Some Trust and Human Rights Law Network (HRLN)
create enormous difficulties for such alien- suggestions may be forwarded: (i) Decla- received an unprecedented number of over
1,88,000 complaints from the people on the
ated people to get their due share. Again, ration of disasters or disaster-prone zones issues of missing persons, death compensation,
losing documents in disasters is a common and classification of disasters is a must. missing documents, etc, which point towards
phenomenon. So they cannot account for Keeping a constant watch and analysing inefficiency of the state machinery in carrying
out the relief and rehabilitation works effectively.
their lost properties. Does that mean those the causes can reduce the possibilities of 4 Full text of the GO available at http://
unfortunate lots will not get compensation disasters and improve the conditions of www.tn.gov.in/tsunami/gorders/rev-e-172-
and be punished for asking for the same?3 disaster-prone zones. It helps in better 2005.htm

Economic and Political Weekly September 2, 2006 3763

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