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The recent bill amending the Disaster Management Act 2005 aims to enhance disaster response efficiency and expand NDMA's role but neglects to strengthen its institutional status.

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DISASTER MANAGEMENT ACT, 2005

The Disaster Management Act, 2005 provides a comprehensive framework for disaster management in India, including 11 chapters and 79 sections on effective management, risk reduction, and rehabilitation.

LEGAL-INSTITUTIONAL FRAMEWORK OF THE DM ACT 2005

INSTITUTIONS

ROLE

COMPOSITION

FIRST TIER

National Disaster Management Authority (NDMA) (Section 3)

Act as the central body for disaster management policies, plans, and guidelines (Section 6)

Chairperson- Prime Minister
Members- Ministers of State for Home Affairs, Agriculture, Atomic Energy, Science & Technology, and other relevant ministries Vice-Chairperson and other members- As nominated by the Chairperson

National Executive Committee (NEC) (Section 8)

Assist the NDMA in performing its functions and ensure compliance with the directions.

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)

Training, research, and capacity–building institution.

Director- Appointed by the Central Govt.
Members- Experts and professionals in disaster management and related fields

National Disaster Response Force (NDRF) (Section 44)

Special response force for disaster situations

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)

Lay down the state disaster management plan and policies

Chairperson- Chief Minister
Members- Ministers nominated by the Chief Minister, including the Minister for Disaster Management

State Executive Committee (SEC) (Section 20)

Ensure that the state’s disaster management plan is implemented with coordination and monitoring.

Chairperson- The state’s chief secretary Members- Department secretaries, as determined by the state government.

THIRD TIER

District Disaster Management Authority (DDMA) (Section 25)

Organize, plan, and carry out disaster management initiatives at the district level.

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)

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 in charge of urban development and planning.

FUNDING STRUCTURE UNDER THE DISASTER MANAGEMENT ACT 2005

The Disaster Management Act 2005 provides a funding framework with two key instruments:




IMPORTANCE OF THE DISASTER MANAGEMENT ACT 2005

  • Institutional Framework: The Act established NDMA, SDMAs, NDRF, and National Institute of Disaster Management (NIDM) for disaster research, training, and capacity building.
  • Disaster Mitigation: The framework has effectively saved lives and provided relief, rescue, and rehabilitation.
  • Risk Reduction: The Act integrates disaster management into development planning, as seen in the 2009 National Disaster Management Policy and 2016 National Disaster Management Plan.
  • Resource Allocation: Establishes NDRF and SDRFs for timely financial aid in disaster response and relief.
  • Community Participation: Emphasizes local authorities and community groups' roles in disaster management.

CHALLENGES WITH THE DISASTER MANAGEMENT ACT IN INDIA

INSTITUTIONAL CHALLENGES



FUNCTIONAL CHALLENGES

  • Ineffectiveness in Prioritization and Integration of DRR Efforts: DRR lacks integration with developmental activities.
  • Ineffective redressal of Public Health Crises: Insufficient provisions for epidemics and bioterrorism.
  • Limited emphasis on Man-Made Hazards and Climate Change: Inadequate focus on systemic climate and man-made disasters.
  • Centralized Approach: Top-down functioning neglects local and community-based interventions.

FUNDING CHALLENGES






KEY AMENDMENTS IN THE DISASTER MANAGEMENT (AMENDMENT) BILL 2024

  • Urban Disaster Management Authorities: Establishes authorities headed by municipal commissioners in major cities for coordinated urban disaster response.
  • Mandatory SDRF for States: Requires all states to establish and maintain a State Disaster Response Force (SDRF), addressing current inconsistencies.
  • Legal Status for NCMC: Grants legal status to the National Crisis Management Committee (NCMC) as the nodal body for major national disasters.
  • Enhanced NDMA Role: Expands NDMA's responsibilities to cover a broader range of disaster risks, including emerging threats.
  • Disaster Plan Preparation: Shifts responsibility for disaster plan preparation to the NDMA and State Disaster Management Authorities from the National and State Executive Committees.
  • Disaster Databases: Mandates NDMA and SDMAs to create and maintain national and state-level disaster databases, respectively.
  • Compensation Guidelines: NDMA to recommend minimum relief standards and compensation for disaster-affected individuals.
  • Disaster Definition Clarification: Excludes man-made disasters caused by law-and-order issues, such as riots, from the disaster definition.

WAY FORWARD

  • Revision of Definitions: Amend Section 2 to include clear definitions for ‘hazards,’ ‘prevention,’ and ‘mitigation’ for consistency.
  • Disaster Prevention Chapters: Introduce chapters focusing on comprehensive disaster prevention plans.
  • Enhanced Accountability: Increase judicial oversight to ensure official accountability and transparency.
  • Modernized Early Warning Systems: Update early warning clauses to integrate technologies like GIS and AI for better prediction and response.
  • Community and Policymaker Engagement: Boost community awareness and involve policymakers in disaster risk reduction and management efforts.
  • Special Resource Allocation: Allocate specific annual budgets for disaster management to ensure adequate funding.

Implementing these recommendations will enhance the effectiveness of the Disaster Management Act of 2005, promoting a proactive and organized approach to disaster management.

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