EDITORIALS & ARTICLES

The Disaster Management (Amendment) Bill is knotty

Introduction

On August 1, 2024, the central government introduced the Disaster Management (Amendment) Bill in the Lok Sabha. This Bill seeks to amend the existing Disaster Management Act, 2005, to better address climate-induced disasters. However, it has sparked debate due to its potential for increasing centralization and its handling of the definition of disasters.

Centralization of Disaster Management

  1. Strengthening Existing Institutions:
  • The Bill proposes giving statutory status to organizations like the National Crisis Management Committee and a High-Level Committee that were established before the Act.
  • This move adds layers to the existing chain of command, potentially complicating the disaster response process.
  1. Impact of Centralization:
  • Centralization can delay disaster response efforts. The current Act’s centralized approach has been linked to slow responses in past instances, such as the delayed disbursement of relief funds to Tamil Nadu, which were eventually provided to Karnataka first.
  • A more centralized system may exacerbate delays and inefficiencies, contrary to the Act''s goal of providing prompt and effective disaster management.

Financial Provisions and Concerns

  1. Modification of National Disaster Response Fund (NDRF):
    • The Bill proposes to alter the language regarding the purposes for which the NDRF can be used. This change could lead to a lack of clarity about how funds should be allocated during disasters.
    • The Act has faced criticism for excessive centralization in financial decision-making, especially during severe disasters where immediate and clear funding decisions are crucial.
  2. Challenges with Financial Devolution:
    • While the Bill introduces new entities such as the ‘Urban Disaster Management Authority’ for cities, it lacks provisions for financial devolution to these new authorities.
    • This oversight means that despite the creation of new disaster management bodies, they may lack the financial resources necessary to perform effectively, thereby creating a mismatch between responsibility and resources.

Definition and Classification of Disasters

  1. Restricted Definition Under the Act:
    • The Act and the Bill maintain a narrow list of disasters eligible for assistance under the NDRF/State Disaster Response Fund, including cyclones, droughts, earthquakes, fires, floods, tsunamis, hailstorms, landslides, avalanches, cloud bursts, pest attacks, frost, and cold waves.
    • The Bill does not expand this list to include climate-induced disasters such as heatwaves.
  2. Global and Local Perspectives:
    • Globally, heatwaves are increasingly recognized as climate-related disasters due to their severe impact on health and ecosystems. The failure to classify heatwaves as disasters in India contrasts with this global trend.
    • India’s experience with heatwaves—evidenced by a high number of heatwave days and significant heat-related fatalities—highlights the inadequacy of the current disaster definition in addressing emerging climate risks.
  3. Regional Variability and Impacts:
    • The current definition does not account for regional variability. For instance, temperatures that are considered normal in some regions can be classified as heatwaves in cooler areas like the Himalayas.
    • This rigidity limits the Act’s effectiveness in responding to varying local conditions and the evolving nature of climate-induced disasters.

Relevant Issues and Questions

  1. Power Dynamics and Federalism:
    • The Bill''s centralization raises questions about the balance of power between the central and State governments. States may find themselves dependent on the central government for crucial decisions and fund allocations, potentially undermining their autonomy in disaster management.
    • The Bill does not sufficiently address how States can effectively manage disasters within their jurisdictions if they are heavily reliant on central decisions and resources.
  2. Financial Preparedness and Response:
    • The Bill''s provisions do not adequately address financial preparedness for disaster management. Effective disaster management requires not only structural and procedural reforms but also robust financial mechanisms to support timely and efficient responses.
    • There is a need to move beyond a simplistic blame game between the central and State governments and focus on improving preparedness, management, and response strategies.
  3. Need for Comprehensive Reforms:
    • The proposed Bill does not fully learn from past shortcomings of the Disaster Management Act, 2005. It falls short in adapting to the lessons learned from previous disasters and the evolving nature of climate-induced threats.
    • A more comprehensive reform approach is needed to address the gaps in financial allocation, disaster classification, and regional response capabilities.

Conclusion

The Disaster Management (Amendment) Bill, 2024 seeks to modernize the existing disaster management framework but faces criticism for increasing centralization, inadequately addressing financial devolution, and failing to expand the definition of disasters. Effective disaster management in the context of climate change requires a more balanced approach that incorporates decentralization, financial adequacy, and updated definitions to handle both traditional and emerging disaster risks.







POSTED ON 03-09-2024 BY ADMIN
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