Disaster Management (Amendment) Bill 2024 | UPSC

Introduction

• • • Recently, the Union Government introduced a Bill in Parliament seeking to amend the Disaster Management Act, 2005. 
    • It proposes to make important changes in the Act, aimed mainly at improving the operational efficiencies in responding to a natural disaster.
    • The Bill seeks to significantly expand the role and responsibilities of the National Disaster Management Authority (NDMA), especially in guiding state governments and organs of the Centre in dealing with disasters.
    • However, it misses the opportunity to upgrade and strengthen the institutional status of NDMA which would have empowered the body to coordinate better with state agencies, and provided it with more financial and human resources.

Important Changes in the Disaster Management (Amendment) Bill 2024

Establishment of Urban Disaster Management Authorities:

• • • The Bill proposes creating Urban Disaster Management Authorities, led by Municipal Commissioners, for large metropolitan areas.
    •  This aims to enhance coordination in addressing urban disasters like flooding.

Mandatory State Disaster Response Force (SDRF):

• • • It mandates states to establish and maintain an SDRF, standardizing disaster response capabilities across states.

Legal Status to National Crisis Management Committee (NCMC): 

• • • The Bill grants legal status to the NCMC, making it the primary body for managing disasters with national implications.

Enhanced Role of NDMA: 

• • • The NDMA’s role is expanded to include comprehensive risk assessment and management of emerging disaster threats.

Shift in Disaster Plan Preparation:

• • • Responsibility for national and state disaster plans shifts to the NDMA and State Disaster Management Authorities, previously managed by executive committees.

Creation of Disaster Databases:

• • • NDMA and SDMAs are required to maintain comprehensive disaster databases, including details on assessment, fund allocation, and mitigation plans.

Compensation Guidelines: 

• • • NDMA will establish minimum standards for relief and compensation for disaster-affected individuals, covering loss of life, property, and livelihoods.

Clarified Definition of Disasters: 

• • • The Bill clarifies that man-made disasters, such as those from law-and-order issues, are excluded from the definition of disasters.

Absence of Vice-Chairperson:

• • • The NDMA is chaired by the Prime Minister, with a vice-chairperson (rank of Cabinet Minister) intended for day-to-day operations. However, this vice-chairperson position has been vacant for about a decade. 
    • The amendment Bill addresses this by allowing any designated member to handle daily functions in the absence of a vice-chairperson.

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Legal-Institutional Framework of the DM Act 2005

First Tier:

National Disaster Management Authority (NDMA) (Section 3)

• • • Role: Central body for disaster management policies, plans, and guidelines (Section 6).
    • Composition: Chairperson: Prime Minister; Members: Ministers of State for Home Affairs, Agriculture, Atomic Energy, Science & Technology, and other relevant ministries; Vice-Chairperson and other members: Nominated by the Chairperson.

National Executive Committee (NEC) (Section 8)

• • • Role: Assist the NDMA in performing its functions and ensure compliance with its directions.
    • Composition: Chairperson: Home Secretary; Members: Secretaries to the Government of India in various departments, Chief of the Integrated Defense Staff of the Chiefs of Staff Committee.

National Institute of Disaster Management (NIDM) (Section 42)

• • • Role: Institution for training, research, and capacity-building in disaster management.
    • Composition: Director: Appointed by the Central Government; Members: Experts and professionals in disaster management and related fields.

National Disaster Response Force (NDRF) (Section 44)

• • • Role: Special response force for disaster situations.
    • Composition: Control: Director-General appointed by the Central Government; Composition: Various battalions from Central Armed Police Forces.

Second Tier

State Disaster Management Authority (SDMA) (Section 14)

• • • Role: Develop and implement the state disaster management plan and policies.
    • Composition: Chairperson: Chief Minister; Members: Ministers nominated by the Chief Minister, including the Minister for Disaster Management.

State Executive Committee (SEC) (Section 20)

• • • Role: Ensure the implementation and coordination of the state’s disaster management plan.
    • Composition: Chairperson: The state’s chief secretary; Members: Department secretaries as determined by the state government.

Third Tier

District Disaster Management Authority (DDMA) (Section 25)

• • • Role: Organize, plan, and execute disaster management initiatives at the district level.
    • Composition: Chairperson: District Magistrate; Co-Chairperson: Elected representative of the local authority; Members: Include the Chief Medical Officer, Superintendent of Police, and additional district-level personnel nominated by the state government.

Local Authorities (Section 41)

• • • Role: Execute disaster management procedures in compliance with district and state plans.
    • Composition: Consists of town planning authorities, municipalities, district and cantonment boards, Panchayati Raj establishments, and other organizations responsible for urban development and planning.

Funding Framework

• • • NDRF: Central government-funded, for immediate relief and rehabilitation.
    • SDRF: State-level fund, supported by both central and state governments.

Significance of the Disaster Management Act, 2005

Establishment of Legal Framework:

• • • The Act led to the creation of key institutions:
    • National Disaster Management Authority (NDMA): Central body for disaster management policies and guidelines.
    • State Disaster Management Authorities (SDMAs): State-level bodies for implementing disaster management plans.
    • National Disaster Response Force (NDRF): Specialized force for disaster response.
    • National Institute of Disaster Management (NIDM): Institution for training, research, and capacity building in disaster management.

Disaster Mitigation: 

• • • The institutional framework has significantly improved disaster response mechanisms:
    • The response to the 2013 Uttarakhand floods, where the NDRF played a crucial role in rescue and relief operations, saving thousands of lives.
    • During Cyclone Fani in 2019, the NDMA’s coordinated efforts led to efficient evacuation and minimized casualties.

Emphasis on Risk Reduction:

• • • The Act promotes the integration of disaster management into development planning:
    • National Disaster Management Policy (2009): Focuses on holistic disaster risk reduction strategies.
    • National Disaster Management Plan (2016): Provides a blueprint for disaster risk reduction, emphasizing preparedness and mitigation.

Resource Allocation:

• • • The Act ensures the availability of financial resources through:
    • National Disaster Response Fund (NDRF): Provides immediate financial assistance for relief and rehabilitation.
    • State Disaster Response Funds (SDRFs): Complements NDRF by addressing local disaster management needs.
    • The NDRF provided quick financial aid during the Kerala floods in 2018, enabling swift relief and rehabilitation efforts.

Community Participation:

• • • The Act recognizes and promotes the role of local authorities and communities in disaster management:
    • In Odisha, community-based disaster management committees have been established, enhancing local preparedness and response capabilities, especially evident during Cyclone Phailin in 2013.
    • In the case of the 2004 Indian Ocean Tsunami, local fishermen communities in Tamil Nadu played a vital role in rescue operations before official aid arrived, highlighting the importance of community involvement.

Challenges with the Disaster Management Act

Institutional Challenges

Vacant Vice-Chairperson Post: 

• • • The NDMA has faced long periods without a Vice-Chairperson, leading to a lack of strong leadership and strategic direction.

Administrative Constraints:

• • • The NDMA often has to route decisions through the Home Ministry, causing delays and inefficiencies.
    •  During the COVID-19 pandemic, the NDMA’s response was hampered by bureaucratic red tape, slowing down the implementation of critical measures.

Staff Shortage: 

• • • The NDMA is understaffed, particularly at senior levels, limiting its operational capacity.
    • With only a few functioning members, the NDMA struggled to manage the widespread impact of the 2018 Kerala floods effectively.

Invisibility in Crises:

• • • The NDMA has been criticized for its lack of visibility and impact during major crises.
    • During the COVID-19 pandemic, the NDMA’s role was minimal, and the agency was nearly invisible in managing the crisis, which was largely handled by the health ministry and state governments.

Functional Challenges

DRR Integration:

• • • There is poor integration of Disaster Risk Reduction (DRR) efforts with developmental projects, leading to increased vulnerability.
    • The construction of infrastructure in flood-prone areas without adequate DRR measures has led to repeated flooding and damage, as seen in the Bihar floods of 2020.

Public Health Crises:

• • • The Act does not adequately address the management of public health crises, such as epidemics and bioterrorism.
    • The COVID-19 pandemic exposed significant gaps in India’s disaster management framework concerning public health emergencies, highlighting the need for more comprehensive provisions.

Man-made Hazards:

• • • The Act has not effectively addressed the risks associated with climate change and man-made disasters.
    • The increasing frequency of industrial accidents, such as the Vizag gas leak in 2020, underscores the need for better management of man-made hazards.

Centralized Functioning: 

• • • The centralized approach of the Act often overlooks the importance of local interventions and community-based strategies.
    • During the 2020 Assam floods, local authorities and communities played a crucial role in immediate response and relief efforts, highlighting the need for more decentralized disaster management.

Funding Challenges

Inadequate Funds:

• • • The funds allocated for disaster management are often insufficient to address the needs of large-scale disasters.
    •  The 2021 Cyclone Tauktae caused extensive damage in several states, and the funds provided were not adequate to cover the immediate relief and long-term rehabilitation needs.

Bureaucratic Delays:

• • • The process of fund disbursement is slow and bogged down by bureaucracy, delaying critical assistance.
    • After the 2019 Odisha Cyclone Fani, there were significant delays in releasing funds to affected areas, which hindered timely relief and recovery operations.

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Way Forward

Revising Definitions:

• • • Amend Section 2 to include clear definitions for ‘hazards,’ ‘prevention,’ and ‘mitigation.’
    •  For instance, defining ‘hazards’ would help differentiate between natural disasters like earthquakes and human-induced events like industrial accidents. This clarity can improve coordination and response strategies.

Including Prevention Chapters:

• • • Add chapters on disaster prevention with detailed plans.
    • New chapters can outline specific measures for disaster prevention, such as building codes for earthquake-resistant structures or flood management systems. 
    • For example, Japan’s stringent building regulations have significantly reduced the impact of earthquakes on infrastructure and lives.

Enhancing Accountability:

• • • Introduce judicial oversight for accountability and transparency.
    • Establishing a system where officials can be held accountable for their actions (or inactions) during disasters can improve performance and transparency. 
    • The inclusion of judicial oversight can ensure that there is a legal mechanism to review and address any lapses in disaster management efforts. 
    • The U.S. Federal Emergency Management Agency (FEMA) has mechanisms for accountability, which could serve as a model.

Modernizing Early Warning Systems:

• • • Incorporate GIS and AI technologies for accurate disaster prediction.
    • Advanced technologies like Geographic Information Systems (GIS) and Artificial Intelligence (AI) can enhance the accuracy of early warning systems. 
    • For instance, AI can analyze weather patterns to predict cyclones more precisely, while GIS can map vulnerable areas. 
    • The use of these technologies was evident in the improved forecasting and response to Cyclone Amphan in 2020, which minimized casualties.

Community Engagement:

• • • Community-based disaster management programs can be developed to educate and train local populations on disaster preparedness and response. 
    • Engaging policymakers at the grassroots level ensures that policies are reflective of the actual needs and conditions of communities. 
    • For example, the community-based disaster risk reduction programs in Bangladesh have been successful in reducing the impacts of frequent flooding.

Special Resource Allocation:

• • • Allocating dedicated funds ensures that adequate resources are available for disaster preparedness, response, and recovery. This could involve setting aside a specific percentage of the national and state budgets for disaster management activities.
    • In Kerala, the state government’s allocation of funds specifically for flood management has helped in building better infrastructure and response mechanisms.