This article is dealing with disaster management authorities and
The Rajya Sabha and Lok Sabha, the two houses of parliament, passed the Disaster
Management Act, 2005 on November 28 and December 12, respectively. The 2004
Indian Ocean earthquake and tsunami served as a major impetus for the passage of
DMA. On December 23, 2005, Mr. A.P.J. Abdul Kalam, who was India's president at
the time, declared it to apply to the entire nation.
The Act not only creates
national organisations and functionaries, as well as their authorities and
duties, but it also creates a thorough framework within which organisations are
created at the state, district, and local levels, and officials are chosen to
carry out their designated duties and responsibilities in disaster management.
Its primary duties consist of:
- The Act, which has 79 parts and 11 chapters, details the establishment
of numerous national and local bodies and committees for the efficient
enforcement and implementation of disaster management strategies and plans.
- The National Disaster Management Authority is the first and most
important organization. (NDMA). The vice-chairperson, who is also chosen by the Prime
Minister, is the lone member of the NDMA, which is presided over by him. To
ensure an effective response to a disaster, the NDMA is largely in charge of
creating guidelines and standards. Making policies, plans, and recommendations
for reducing the impact of catastrophes is the primary responsibility of NDMA.
It also provided standards for the minimal requirements for assistance, such as
providing housing, food, clothing, and other basics. Additionally, it outlined
specific guidelines for widows and orphans. The National Executive Committee
supports this power.
- Every state has a State Disaster Management Authority (SDMA), which is similar
to the NDMA in that it is chaired by the state's chief minister. The SDMA
receives help from a State Executive Committee (SEC) while creating the state
disaster management plan. According to the Act, the CM would be able to use all
or some of the State Authority's powers in an emergency, although doing so would
require ex post facto approval by the State Authority.
- The District Disaster Management Authority is headed by the District
Collector, District Magistrate, or Deputy Commissioner of the district. (DDMA).
Additionally, the DDMA Co-Chairperson will serve as the Zila Parishad's
Chairperson in the district where it is present. Planning, coordinating, and
putting disaster management into action, as well as performing the essential
steps for disaster management as outlined in the guidelines, are all tasks that
fall under the purview of the District Authority. In order to enforce safety
standards, give assistance, and handle disaster response at the district level,
the District Authority also has the authority to evaluate construction in any
part of the district.
- Additionally, a National Event Response Force (NDRF) has been created to
respond to a potentially disastrous incident that calls for immediate
assistance. A Director-General is chosen by the Central Government to head the
- Under the DM Act, the National Institute for Disaster Management was
created as a legislative organisation. It is in charge of organising and
promoting disaster management-related training, research, documentation, and
the creation of a national knowledge base for disaster management,
mitigation strategies, and prevention techniques.
Disaster Management Act and COVID-19
- Development of training material.
- Formulate a comprehensive human resources plan.
- Provide inputs to governments.
- Develop educational materials for disaster management.
- Promote awareness.
The DMA, 2005's provisions were first put to use on March 25, 2020, when the
country went into a state of lockdown. Sections 6 and 10 of the Act, which
granted the NDMA authority to develop national disaster management plans and
oversee their uniform implementation through the SDMAs, were invoked to impose
The DMA, the Epidemic Diseases Act of 1897, and several state-specific Public
Health Acts have all been expanded upon by some state governments. (for example
Tamil Nadu Public Health Act,1939). Kerala passed the "Kerala Epidemic Diseases
Ordinance, 2020" in addition to the aforementioned statute using its legislative
authority under State List Entry 6 (Public Health and Sanitation).
Criticisms and Challenges
Even though the DMA was instrumental in closing a sizable gap in organised
disaster management activities, it continues to be criticised.
Lack of a provision for the declaration of "disaster-prone zones" is one of the
Act's most common objections. Such disaster-related legislation has identified
disaster-prone zones within their respective jurisdictions in the majority of
developing and developed countries. It is simpler for the state to be proactive
in terms of readiness and response in event of a disaster when particular zones
are designated as disaster-prone.
The Act has also been criticised for ignoring the progressive nature of
disasters. It admits that disasters might happen suddenly but leaves out the
possibility that some disasters can build up gradually. For instance, the
country has been devastated by repeated dengue and tuberculosis epidemics
despite the fact that little has been done to successfully address the diseases.
Furthermore, coordination appears to have suffered due to considerable role
overlap among the numerous national and subordinate level bodies that the Act
established. Local authorities should be given more independence and power in
terms of decision-making rather than being told to adopt "necessary measures."
Additionally, dependent on the situation, far more precise directions should be
The disaster management plan in India suffers problems due to general
deficiencies in terms of responsiveness, implementation, and procedural lag in
addition to the aforementioned criticisms. Technology advancements have also
made it possible to predict the possibility of disasters and minimise their
effects on a global scale.
Furthermore, putting plans into action on the ground may greatly benefit the
government rather than relying simply on policies that exist only on paper. NGOs
and local civic authorities, which have previously received little attention,
may soon be given a far more proactive role.
The rate at which COVID-19 instances are surging is quite concerning. Due to the
rapid development of a worldwide disease for which there is presently neither a
vaccine nor a treatment, we must be prepared with solutions and strategic
planning to handle any risk issues that may surface. In conclusion, we can state
that while the entire world is experiencing this catastrophe, we must take
precautions in order to stay safe. The government has taken precautionary action
and made the necessary preparations so that we can live in safety.
Along with the requirements of the Essential Commodities Act of 1955 and the
Disaster Management Act of 2005, the provisions of the Epidemic Disease Act of
1897 have been put into effect. The laws of the Disaster Management Act of 2005
and the Indian Penal Code of 1860 will be used to determine how anyone who
disobeys the law, rules, and regulations will be penalised. If we don't abide by
these rules, not only will we endanger our own lives, but also the lives of
others. At the same time, we need to dispel all of the myths about the
coronavirus and raise awareness among the general public. The importance of
prevention cannot be overstated.
Written By Faisal Ali
, A Student Of 2nd Year BA LLB Lovely Professional University.
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