This article is written by Pragya Agrahari of Amity Law School, Lucknow. This article provides a detailed analysis of disaster management in India through the Disaster Management Act (DMA), 2005, and its application to various disasters that happened in the country in the past years.
This article has been published by Sneha Mahawar.
Table of Contents
Introduction
The geographic profile of India makes it vulnerable to various kinds of natural disasters. Most common of which are floods, tsunamis, cyclones, earthquakes, droughts, etc. According to a UNICEF Report, with 27 out of 29 states and union territories exposed to recurrent natural hazards, India is on the list of the world’s most disaster-prone countries. Moreover, India is also prone to other types of disasters including man-made disasters, biological disasters and other industrial disasters.
The Disaster Management Act, 2005 was enacted on 23rd December 2005 to handle such disasters in an effective and organised way. This Act establishes the National Disaster Management Authority, which will be the apex body to manage and frame policies related to disaster management. It is headed by the Prime Minister and the Ministry of Home Affairs is the nodal ministry responsible for it. This Act applies to the whole of India. It contains 11 Chapters and 79 Sections.
Disaster and disaster management in India
According to Section 2(d) of the Disaster Management Act, “disaster means-
- a catastrophe, mishap, calamity or grave occurrence in any area,
- arising from natural or manmade causes, or by accident or negligence,
- which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and
- is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.”
This means disaster under the purview of the Disaster Management Act includes natural or man-made disasters as well as disasters caused due to accidents or negligence like an industrial or biological disaster.
Disaster Management, under Section 2(e) of the Disaster Management Act means “a process of planning, organising, coordinating, and implementing measures” necessary for –
- Prevention,
- Mitigation or reduction of its risk,
- Capacity-building,
- Preparedness to deal with the disaster,
- Quick response to any threatening disaster,
- Accessing its severity and the magnitude of its effects,
- Rescue and relief,
- Rehabilitation.
Objectives of the Disaster Management Act, 2005
The objective of this Act is to provide an effective disaster management system for the whole of India, in case of natural and man-made disasters. For this objective, this Act empowers the Central Government and the state government to establish various authorities at each level to look for such management in the case of disaster. It includes mitigation strategies, capacity-building, relief measures, etc.
Important provisions under the Disaster Management Act, 2005
This Act establishes various authorities and bodies for the effective management of disasters at all three levels- national, state, and district. It also provides the ‘plan’ for each level.
National level
National Disaster Management Authority (NDMA)
Section 3 of the Act authorises the establishment of the National Disaster Management Authority. It shall consist of the following members-
- The Prime Minister of India as a Chairperson of the National Authority, and
- Other members not exceeding nine, are to be nominated by the Chairperson.
- One of these nine members nominated the Chairperson to be designated as Vice-Chairperson of the National Authority.
Section 6 of the Act provides the powers and functions of the National Disaster Management Authority, which are as follows –
- Making the policies on disaster management,
- Approving the National Plan,
- Approving plans by other ministries and departments,
- Laying down guidelines for State Authority, ministries and departments,
- Coordinating enforcement and implementation of a plan for disaster management,
- To recommend funds for mitigation,
- To provide support to other countries affected by such disasters,
- To take other measures for prevention, mitigation, preparedness and capacity building for dealing with such disasters,
- Making guidelines for the functioning of the National Institute of Disaster Management.
Advisory committee
Under Section 7 of the Act, the National Authority may constitute Advisory Committee to advise or make recommendations on various aspects of disaster management, which may consist of-
- Experts in disaster management, and
- Persons having practical experience in disaster management at any level- national, state or district.
National executive committee
Section 8 provides for the constitution of the National Executive Committee by the Central Government to assist the National Authority in discharging its functions. Additionally, the National Executive Committee may constitute one or more sub-communities to discharge its functions smoothly.
The National Executive Committee may consist of the following members-
- The Secretary to the Government of India in the Ministry or department of Central Government, having control over the disaster management as an ex-officio Chairperson,
- The Secretaries to the Government of India in the Ministries or departments of atomic energy, agriculture, defence, drinking water supply, finance, health, power, rural development, environment and forest, science and technology, space, telecommunication, urban development, water resources and the Chief of the Integrated Defence Staff of the Chiefs of Staff Committee, as ex officio members,
- Any other officer of the Central or State Government may be invited by the Chairperson.
Section 10 specifies the powers and functions of the National Executive Committee like-
- To act as a coordinating and monitoring body for disaster management,
- Preparing the National Plan to be approved by the National Authority,
- Monitoring the implementation of the National Policy,
- Making guidelines for plans,
- Providing technical assistance to State Governments and authorities for carrying out their functions,
- Monitoring the implementation of the National Plan and the plans prepared by other departments and ministries of Central government,
- Evaluating the preparedness of government at all levels,
- To organise a specialised training programme for disaster management,
- To require the Government to provide such men and material resources in case of emergency response, rescue and relief, to the National Authority,
- To advise, assist and coordinate activities of the concerned authorities, NGOs and others engaged in disaster management,
- To promote general education and awareness about disaster management, etc,
- To perform such other functions as the National Authority may require it to perform.
National plan
Under Section 11 of the Act, National Executive Committee shall prepare the ‘National Plan’ which should be reviewed and updated manually, and which shall include-
- Measures for prevention of disasters,
- Measures for integration of mitigation measures in the plans,
- Measures for preparedness and capacity-building to fight disaster situations, and
- Duties and responsibilities of ministries and departments of the Government of India.
National Institute of Disaster Management (NIDM)
Under Section 42 of the Act, the Central Government shall constitute this institute and prescribe its members, terms of office and vacancies.
The main functions of this institute are as follows-
- Develop training modules and undertake research and documentation,
- Formulate and implement a comprehensive development plan,
- Assist in the formulation of national policies,
- Assist the state governments and state training institutes,
- Promote awareness among college students or school teachers,
- Organise study courses, conferences, lectures, and seminars within and outside the country, etc.
National Disaster Response Force (NDRF)
Under Section 44 of the Act, the National Disaster Response Force shall be constituted to provide a specialised response at times of threatening disaster situations with the help of trained professionals, which includes medical staff, engineers, technicians, dogs squads, rescuers, etc. NDRF has played a major role in rescuing people in many situations like the Kosi breach in Bihar in 2008, the Kashmir flash floods in 2014, and the Kerala floods in 2018.
State level
State Disaster Management Authority (SDMA)
Section 14 of the Act authorises the establishment of the State Disaster Management Authority. It will consist of the members as follows-
- The Chief Minister of the State or the Lieutenant Governor of the Union Territories as an ex-officio Chairperson of the State Authority,
- Other members not exceeding eight to be nominated by the Chairperson of the State Authority,
- One of these nominated members to be designated as Vice-Chairperson of the State Authority,
- The Chairperson of the State Executive Committee is the Chief Executive Officer of the State Authority.
In the case of Union Territories having a Legislative Assembly except for Delhi, the Chief Minister will be the Chairperson of the State Authority. In the case of Delhi, the Lieutenant Governor shall be the Chairperson and the Chief Minister will be the Vice-Chairperson of the State Authority.
Section 18 of the Act specifies the powers and functions of the State Disaster Management Authority like –
- Laying down the state policy on disaster management,
- Approving the state plan, and plans by other departments,
- Laying down guidelines for different departments of state,
- Monitoring the implementation of the state plan for disaster management,
- Recommending funds for mitigation measures,
- Reviewing the developmental plans of different departments of the state,
- Review the measures taken for mitigation, capacity building and preparedness by the departments of the state and issue necessary guidelines.
Advisory committee
Under Section 17 of the Act, the State Authority may constitute an advisory committee to make recommendations on disaster management which shall consist of experts in disaster management having practical experience.
State executive committee
Section 20 constitutes the State Executive Committee by the State Government to assist the State Authority in discharging its functions. Additionally, the State Executive Committee may constitute one or more sub-communities to discharge its functions smoothly.
The State Executive Committee may consist of the following members-
- The Chief Secretary to the State Government as an ex-officio Chairperson,
- The four Secretaries to the State Government of such departments which it thinks fit,
Section 22 specifies the powers and functions of the State Executive Committee like-
- Monitoring the implementation of the National and state plan,
- Testing the vulnerability of different parts of the state to different forms of disasters,
- Laying down guidelines for preparing plans,
- Providing technical assistance for carrying out their functions,
- Coordinating the implementation of the plans and guidelines,
- Evaluating the preparedness at both governmental and non-governmental levels,
- Arranging response in the event of any threatening disaster situation,
- Assisting and coordinating activities of the concerned authorities, NGOs and others engaged in disaster management,
- Promoting general education, awareness and community training about disaster management, and
- Advising the state government regarding financial matters,
- Ensuring communication systems are in order, etc.
State plan
It shall be prepared by the State Executive Committee, which shall include-
- The vulnerability of different parts of the state to different disasters,
- Measures to be taken for prevention and mitigation,
- The manner in which these measures shall be integrated with plans,
- Measures to be taken for capacity building and preparedness,
- Roles and responsibilities of different departments of the state government.
District level
District Disaster Management Authority (DDMA)
Section 25 of the Act authorises the establishment of the District Disaster Management Authority. It shall consist of the following members-
- The Collector or District Magistrate or Deputy Commissioner of the district as an ex-officio Chairperson of the District Authority,
- The elected representative of the local authority as the Co-Chairperson,
- The Chief Executive Officer of the District Authority,
- The Superintendent of Police,
- The Chief Medical Officer of the district,
- Not exceeding two other district-level officers, to be appointed by the state government.
In the case of tribal areas, as referred to in the Sixth Schedule of the Constitution, the Co-Chairperson will be the Chief Executive Member of the district council of an autonomous district.
Under Section 30 of the Act, the powers and functions of the District Authority were laid down. Some of them are-
- Preparing a disaster management plan for the district,
- Monitoring the implementation of plans and policies,
- Identifying the areas vulnerable to disasters,
- Giving directions to district authorities and laying down the guidelines,
- Assessing the state of capabilities for responding to any disaster and the preparedness measures,
- Examining the construction in the district to check the standards for the prevention of disaster, and if have not been followed, directing the authorities to take action,
- Identifying buildings or places which can be used as relief centres or camps at the time of the disaster,
- Establishing stockpiles of relief and rescue materials and ensuring preparedness,
- Organising specialised training programmes for officers or voluntary rescue workers,
- Facilitating community training and awareness programmes, etc.
Advisory Committee
Under Section 28 of the Act, the District Authority may constitute one or more advisory committees and other committees for the efficient discharge of its functions.
District plan
Under Section 31 of the Act, ‘District Plan’ shall be prepared by the District Authority, which shall include the following-
- Areas vulnerable to different disasters in the district,
- Measures to be taken for prevention and mitigation of disaster,
- Measures for capacity building and preparedness,
- Response plans and procedures,
- Other matters as required by the state authority.
Penalties and punishment
Under Chapter X, namely, ‘Offences and Penalties’ of the Disaster Management Act, comprising Section 51 to Section 60, the various offences related to disaster management and its punishment are provided. Some of these are-
| Section | Offence | Punishment/ Penalty |
| Section 51 | Obstructing any officer or refusing to comply with directions. | Imprisonment which may extend to 1 year or fine or both. If it results in loss of life or imminent danger, imprisonment may extend to 2 years. |
| Section 52 | Making a false claim for obtaining relief, assistance, and other benefits. | Imprisonment which may extend to 2 years and a fine. |
| Section 53 | Misappropriation of money or materials, etc. | Imprisonment which may extend to 2 years and a fine. |
| Section 54 | False alarm or warning leading to panic. | Imprisonment which may extend to 1 year or with a fine. |
| Section 56 | Failure of an officer in duty or his connivance at the contravention of the provisions of this Act. | Imprisonment which may extend to one year or with a fine. |
| Section 57 | Contravention of an order under Section 65 regarding requisitioning. | Imprisonment which may extend to one year or with a fine or both. |
Major disasters that occurred in India and the role of disaster management force
Kerala floods, 2018
Kerala suffered from devastating floods between 1st June and 19th August in 2018 which were caused due to abnormally high precipitation that year, which was 42% higher than the average rainfall. This resulted in about 341 landslides which were reported in the hilly areas. Moreover, many dams were opened which caused the loss of many lives and resources. Nearly 400 human fatalities were reported and approximately 50 hectares of cultivable land were destroyed leading to losses in production. The National Disaster Response Force has played a vital role in the evacuation and rescue of the people, and livestock trapped in the floods. Learning a lesson from this, the Kerala Disaster Management Authority released a handbook clearing out the duties and responsibilities of every department and updating some protocols for enhanced preparedness in a single document so that adequate planning can be done before any disaster.
Kashmir floods, 2014
Jammu and Kashmir experienced the worst flood in 2013 in a hundred years. Nearly 200 lives have been lost and thousands of people have been stranded in the floods waiting for rescue. This disaster raised several questions about the role of the Disaster Management Authority as these floods have already been forecasted by the Indian Meteorological Department days before this incident.
Uttarakhand flash floods, 2013
Kedarnath in Uttarakhand witnessed ravaging flash floods in June 2013 which swept nearly 5000 lives away with many people missing. In addition, various villages, roads, infrastructure, lakes, and the natural environment were damaged, impacting the livelihood of millions. The military forces, army and team of the National Disaster Response Force engaged tirelessly in conducting rescue operations and evacuations. The Report released by the National Institute of Disaster Management blamed “climatic conditions combined with haphazard human intervention” for the disaster. But in actuality, the Meteorological Department had predicted in advance the ‘extreme weather conditions in Uttarakhand. But, again the Disaster Management Authority failed to prepare actionable plans to deal with the disasters, even in presence of warnings.
Bihar floods, 2007
The floods in Bihar caused due to incessant rains, in the month of July 2007 affected the lives of millions of people. Around 500 persons lost their lives and extensive damages were caused to the agricultural lands, property, and infrastructure. The Report published by the National Institute of Disaster Management reveals that the “District Disaster Management Plan, though available in districts, was not put into use”. This shows the inefficiency of the Disaster Management Authority in implementing the plans in the occurrence of a disaster.
Indian Ocean Tsunami, 2004
In December 2004, India faced a devastating tsunami across the Indian Ocean, which caused the loss of around 10 thousand lives. It was a time when India had not constituted any Disaster Management Authority nor did they have any warning or risk assessment systems. It was after this disaster that the Indian Government enacted the Disaster Management Act 2005 which calls for the establishment of the National Disaster Management Authority.
Gujarat (Bhuj) Earthquake, 2001
On the morning of Republic Day in 2001, an earthquake struck Gujarat with a magnitude scale of 7.7. Thousands of people lost their lives and many buildings and infrastructure have perished. Total damages to property caused a loss of about 7 billion dollars. In the backdrop of this disaster, the government was compelled to enact the Gujarat State Disaster Management Act in 2003 which was the first law of its kind to exclusively deal with disasters. Later, it paved the way for the enactment of the similar Disaster Management Act in 2005 for the entire country.
Comparative analysis of disaster management
United States
The nodal agency to control and manage disasters in the United States is the Federal Emergency Management Agency (FEMA). Unlike India, it has classified the disaster based on size and type and other issues relevant to disaster management. It includes minor emergencies, limited and potential emergencies, and major disasters. Based on these classifications, steps were taken to contain the disasters. Moreover, they have a proper ordered mechanism for a disaster declaration, first at a local level and then at State and Central levels. It also ensures adequate financial assistance for disaster management. More focus was given to local level management to chalk out plans, emergency measures and other steps to mitigate disaster.
Japan
As in India, Japan also has a three-tiered disaster management system at three levels consisting of the National, Prefectural, and Municipal administrations. The main body responsible for disaster management in Japan is the Central Disaster Management Council. It also has a similar composition of members as in India. At the time of the disaster, the Cabinet Office takes the lead to manage the disaster in accordance with the magnitude of the danger from levels 1 to 5. Level 5 is the most dangerous one. At the time of a large-scale disaster, an Emergency Response Team was formed to contain the disaster and an Onsite Headquarters for Disaster Management was set up in the affected regions to carry out operations. And to carry out these operations in time, a time frame of initial 72 hours from the event of the disaster was set up for rescue and to coordinate each activity. The Council also makes plans based on the possibility of the occurrence of certain disasters in specific areas.
Switzerland
It is known to have one of the most robust mechanisms for disaster management in the world. The body responsible for Switzerland is the PLANAT (the National Platform for Natural Hazards) which was created in 1997 by the Swiss Federal Council. As it is a densely populated mountainous country, it has broad experience related to disaster management. It has advanced mechanisms to fight disasters including precise forecasting of disasters, an early warning system, efficient emergency planning and concrete measures. It has developed a sustainable approach to disaster prevention and disaster management.
COVID-19 and the Disaster Management Act, 2005
The Disaster Management Act, 2005 was also invoked at the time of the COVID-19 pandemic in India. As the COVID-19 pandemic is a kind of biological disaster, it comes under the ambit of the Disaster Management Act of 2005. During the pandemic, various measures have been taken under this Act, including the ‘national lockdown’ imposed in March 2020 to contain the pandemic. The National Disaster Management Authority has time-to-time issued various guidelines related to different disasters, including ‘Guidelines on Management of Biological Disasters, 2008’, which was used to give directions and to carry out various activities to control the pandemic. Various penalties and punishments were also imposed on the people under this Act, for not complying with the directions, making false claims, etc.
Disaster management challenges in India
Despite the comprehensiveness of this Act, which covers various aspects of disaster management and the constitution of authorities at all levels, there are still many challenges faced by disaster management in India.
Scarce resources
National Disaster Management Authority personnel lack the resources like types of equipment, facilities, technology, etc, which are needed in disaster management for its prevention or mitigation.
Inactivity of the established institutions
It was seen that these established institutions remain inactive for the majority of the time and become operational only with a few honourable exceptions.
Overlapping of the functions
These authorities at all levels- national, state or district, share overlapping functions with each other, making cooperation between them difficult.
Absence of ‘disaster-prone zones’
This Act is criticised many a time for its non-declaration of ‘disaster-prone areas’. Its declaration would help in improving the responsiveness of the concerned authorities at the time of disaster.
Non-setting up of the district fund
Despite this Act providing for the establishment of the Disaster Response Fund and Disaster Mitigation Fund also at the district level, it has not been operationalised till now.
Non-enforcement
Lack of technology, lack of equipment and delays in response and implementation shows that the provisions of this Act have not been enforced in letter and spirit.
The way forward
Taking into account the responsiveness and working of the National Disaster Management Authority over the last decade, it seems that it has failed to actively respond in many emergency situations, predict disasters, and carry out operations on time. Therefore, it needs some corrective mechanisms or amendments in the provisions of the Act to make it more responsive, efficient and accountable. The disaster management model of Japan can be considered for improving its effectiveness and implementation. Moreover, some redundancy in the provisions related to the authorities’ power and functions needs to be rectified. The various recommendations relating to the scrapping of the National Executive Committee, if put into consideration, can help in achieving its objectives by removing some ambiguities.
Conclusion
Disasters cannot be prevented completely, whether it is natural disasters like cyclones, earthquakes, etc. or man-made disasters. But what is in our hands is its prevention and its mitigation through effective decision-making by identifying the disaster, taking measures, warning people beforehand, and successfully conducting safe rescue and relief operations. With the establishment of authorities at all levels, dealing with specific roles, responsibilities and duties, disaster management in India has improved to much extent. It needs only effective implementation of its provisions to make it a success.
Frequently Asked Questions (FAQs)
- Which organisation is responsible for disaster management in India?
The National Disaster Management Authority is the main authority to deal with disaster management in India, headed by the Prime Minister.
2. When was the Disaster Management Act enacted?
The Disaster Management Act was enacted on 23rd December 2005.
3. Under which section of the Disaster Management Act, 2005, ‘disaster’ is defined?
Under Section 2(b) of the Disaster Management Act, ‘disaster means-
- a catastrophe, mishap, calamity or grave occurrence in any area
- arising from natural or manmade causes, or by accident or negligence
- which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and
- is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.’
4. Under which Section, the National Disaster Response Force is constituted?
Under Section 44 of the Act, the National Disaster Response Force shall be constituted to provide a specialised response at times of threatening disaster situations.
5. Which Chapter of the Disaster Management Act deals with offences and penalties?
The Chapter X of the Disaster Management Act, which comprises Section 51 to Section 60 deals with offences and penalties.
References
- https://www.indiatoday.in/education-today/gk-current-affairs/story/what-is-ndma-establishment-vision-structure-and-functions-1896230-2022-01-05
- https://www.drishtiias.com/important-institutions/drishti-specials-important-institutions-national-institutions/national-disaster-management-authority-ndma-
- https://www.indiacode.nic.in/bitstream/123456789/2045/1/AAA2005___53.pdf
- https://indiankanoon.org
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