Introduction

In a move aimed at refining disaster management practices in India, the central government introduced the Disaster Management (Amendment) Bill, 2024 in the Lok Sabha. This amendment seeks to revise the existing Disaster Management Act, 2005, which was enacted in response to the devastating 2004 tsunami. While the proposed amendments promise greater efficiency, they have also sparked debate, particularly over increased centralisation and its potential impact on disaster response.

Key Provisions of the Bill

1. Preparation of Disaster Management Plans:   The Bill transfers the responsibility of preparing disaster management plans from the National Executive Committee (NEC) and State Executive Committees (SECs) directly to the National Disaster Management Authority (NDMA) and State Disaster Management Authorities (SDMAs). This bypasses the NEC and SECs, aiming to streamline planning processes while expanding the NDMA’s role in assessing disaster risks periodically.
2. National and State Disaster Database:   A key highlight is the creation of a comprehensive disaster database at both national and state levels. This database will include information on disaster assessments, fund allocation, preparedness plans, and risk registers, creating a more organised framework for disaster management.
3. Appointments to NDMA:   Under the current provisions, the central government appoints officers and employees to the NDMA. The amendment empowers the NDMA to appoint its own experts, with approval from the central government, making the authority more self-sufficient.
4. Urban Disaster Management Authority (UDMA):   The Bill introduces UDMAs for state capitals and large cities (excluding Delhi and Chandigarh), focusing on urban disaster management. These authorities will be led by municipal commissioners and district collectors, addressing the growing need for specialised urban disaster response.
5. State Disaster Response Forces (SDRFs):   In addition to the National Disaster Response Force (NDRF), the Bill empowers states to establish their own SDRFs, allowing for a more localized and prompt disaster response.
6. Statutory Status to Existing Committees:   The Bill grants statutory status to both the National Crisis Management Committee (NCMC) and the High-Level Committee (HLC), which handle major disasters and financial assistance, respectively. This aims to solidify their roles in disaster governance.
7. Penalties and Directives:   A new section, Section 60A, allows the central and state governments to issue directives to individuals for disaster risk reduction. It also introduces a penalty of up to Rs 10,000 for non-compliance.

Concerns with the Disaster Management (Amendment) Bill, 2024

While the Bill proposes several new mechanisms for improving disaster management, there are significant concerns regarding centralisation, resource allocation, and the exclusion of key elements like climate change adaptation.

1. Centralisation of Power:  The Bill further centralises an already centralised disaster management system. Critics argue that adding more authorities and committees could complicate the chain of command, leading to delays in disaster response. The removal of clear usage guidelines for the National Disaster Response Fund (NDRF) also raises concerns about centralised control over disaster funds.
2. Inadequate Local Resources:   The Bill does not adequately address the resource and funding gaps at the local level, particularly in setting up and maintaining UDMAs. Without sufficient support, these entities may struggle to fulfil their mandate.
3. Disaster Relief as a Legal Right:   Despite the moral obligation to provide relief, the Bill does not make disaster relief a justiciable right. This has led to significant variations in relief measures across states for similar disasters.
4. Failure to Integrate Climate Change:   Despite international agreements like the Sendai Framework and Paris Agreement 2015, the Bill does not fully integrate climate change impacts into disaster risk management. This oversight is especially concerning given the increasing frequency of climate-induced disasters.
5. Restricted Definition of ‘Disaster’: The government has not included heatwaves as a notified disaster under the Act, despite their growing impact in India. The restricted definition of a “disaster” in the Bill does not account for emerging, climate-induced risks like heatwaves.
6. Impact on Federal Dynamics:   The centralisation of disaster management may lead to tensions between the central and state governments, with states becoming overly dependent on the Centre for funds and decision-making.

Shortcomings of the Disaster Management Act, 2005

While the Disaster Management Act, 2005 established crucial institutions like the NDMA and NDRF , the Act has several shortcomings, including excessive bureaucracy, inadequate funding, and a lack of independent authority for the NDMA.

1. Institutional Leadership Gaps: 

The position of Vice-Chairperson of the NDMA has remained vacant for nearly a decade, depriving the institution of leadership and political influence. The NDMA also lacks independent administrative and financial powers, leading to inefficiencies.

• Bureaucratic Inefficiencies: 

A top-down approach has led to slow responses during disasters, as seen in incidents like the 2018 Kerala floods and 2013 Kedarnath floods. The excessive involvement of central authorities often sidelines local expertise and capacity.

• Vague Definitions and Funding Issues: 

The Act’s vague definitions of key terms like “disaster” and “calamity” have led to confusion. Moreover, funding allocations are often insufficient, delaying recovery efforts in large-scale disasters.

Way Forward: Strengthening India’s Disaster Management Framework

To ensure a more effective and responsive disaster management framework, India must:

• Integrate Disaster Risk Reduction into Development Plans: Incorporate disaster risk reduction into national and state development policies, especially in infrastructure and urban planning.
• Strengthen Early Warning Systems: Leverage advanced technology from ISRO, the Indian Meteorological Department, and other agencies to enhance early warning systems.
• Rapid Response Mechanisms: Establish a national disaster response framework with a clear command structure and implement a 72-hour critical response plan for quicker action during emergencies.
• Decentralisation and Local Empowerment: Empower local authorities with greater autonomy and resources for disaster response.
• Support Research and Development: Allocate resources for innovative technologies like AI and remote sensing in disaster risk management.
• Psychological Rehabilitation: Integrate psychological rehabilitation into disaster management policies to support affected individuals.

Conclusion:

India’s growing vulnerability to natural disasters, exacerbated by climate change, calls for a dynamic and proactive approach to disaster management. The Disaster Management (Amendment) Bill, 2024 must address its current shortcomings, decentralise power, and fully integrate climate change risks to build a more resilient nation.