PWOnlyIAS Extra Edge:
About Disaster Management (DM)
- United Nations Office for Disaster Risk Reduction (UNDRR): DM is the organization and management of resources and responsibilities for all humanitarian aspects of emergencies, particularly preparedness, response, and recovery—to lessen the impact of disasters.
- UNDRR Focus Areas (aligned with Disaster Risk Reduction – DRR):
- Understanding Disaster Risk
- Strengthening Disaster Risk Governance
- Investing in Disaster Risk Reduction (DRR) for Resilience
- Indian Definition under the Disaster Management Act, 2005: A continuous and integrated process of planning, organizing, coordinating and implementing measures for the:
- Prevention of danger or threat of any disaster
- Mitigation or reduction of disaster risk and consequences
- Capacity building
- Preparedness to deal with disasters
- Prompt response to threatening disaster situations
- Assessment of severity or magnitude
- Evacuation, rescue and relief
- Rehabilitation and reconstruction
Constitutional Basis for Disaster Management
- No Explicit Constitutional Entry; Derived Legislative Basis: The constitutional framework for Disaster Management (DM) in India is not directly outlined in a single entry within the Seventh Schedule, which divides legislative powers between the Union and States.
- Parliament enacted the Disaster Management Act, 2005 (DM Act) using:
- Concurrent List Entry 23 (Social Security & Social Insurance).
- Residuary Powers under Article 248 and Union List Entry 97.
- States’ roles remain significant due to overlaps with State List subjects—Public Health (Entry 6), Agriculture (Entry 14), Water (Entry 17), and Land (Entry 18).
- Fundamental Rights and Directive Principles:
- Article 21 (Right to Life): The Supreme Court has interpreted this to mean that the State must protect the life and safety of citizens, extending this obligation to disaster preparedness and relief.
- The Supreme Court, in Swaraj Abhiyan vs. Union of India, noted that the Right to Life includes the Right to Relief.
- Article 14 (Equality before Law): Ensures that disaster relief and rehabilitation efforts are non-discriminatory, guaranteeing equal access to all affected citizens.
- Federal Structure and Cooperative Response
- Article 1 (Union of States): Disaster relief is a constitutional guarantee stemming from the principle of the Union of States, not charity or negotiation.
- Primary Responsibility of States: Disaster management is primarily a local matter, and State Governments are responsible for rescue, relief, and rehabilitation.
- Supplementary Role of the Centre: The Union government provides additional logistical and financial support when a disaster overwhelms the State’s capacity, through mechanisms like the National Disaster Response Fund (NDRF).
| Ambiguities and Overlaps in the Constitutional Framework:
The constitutional position is often critiqued for its lack of clarity, leading to some challenges:
- Concurrent List Demand: The Second Administrative Reforms Commission (ARC) suggested adding DM explicitly to the Concurrent List (List III).
- This would grant both the Union and States clear legislative authority, fostering a more coordinated response.
- Overreach Allegations: The Centre’s invocation of the DM Act during the COVID-19 pandemic raised concerns.
- ‘Public Health’ is a State subject (Entry 6), but the Centre temporarily assumed control under the DM Act, demonstrating its power to centralize authority in widespread disasters.
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Legal Framework- The Disaster Management Act, 2005
- The DM Act, 2005 institutionalizes a structured and coordinated system. It provides clear roles and responsibilities across various levels:
| Level |
Authority Established |
Chairperson |
Responsibility |
| National |
National Disaster Management Authority (NDMA) |
Prime Minister |
Policy-making, guideline formulation, and approval of National Plan |
| National |
National Executive Committee (NEC) |
Union Home Secretary |
Coordinating and monitoring the National Plan |
| State |
State Disaster Management Authority (SDMA) |
Chief Minister |
Laying down policies and approving the State Plan |
| District |
District Disaster Management Authority (DDMA) |
District Collector |
Planning and implementing DM measures at the district level |
- This Act empowers the Union government to centralize authority during severe disasters, as demonstrated during the COVID-19 pandemic, when nationwide directives were issued.
Evolution of India’s Disaster Management Framework
- Relief-Centric Phase (Pre-2001)- Reactive and Fragmented System: Disaster management operated under the Ministry of Agriculture with a focus on post-disaster relief.
- Colonial Famine Codes guided response. Financing came from the Calamity Relief Fund (CRF) and National Calamity Contingency Fund (NCCF), with States bearing primary responsibility and the Union government providing supplementary aid.
- Transition Triggered by Major Disasters (2001–2005)- Move Toward Preparedness: The Gujarat Earthquake (2001) exposed systemic gaps. Committees such as the High Powered Committee (HPC) and National Committee on Disaster Management (NCDM) initiated reforms, emphasising preparedness, early warning, and capacity building.
- India aligned with global frameworks like the Yokohama Strategy and emerging Hyogo Framework discussions.
- Institutionalisation under the Disaster Management (DM) Act, 2005: The DM Act, 2005 created a legal mandate for a holistic approach spanning Mitigation, Preparedness, Response, and Recovery (MPRR).
- It established a three-tier structure– NDMA, SDMAs, and DDMAs.
- Funds were formalised as State Disaster Response Fund (SDRF) and National Disaster Response Fund (NDRF).
- The National Disaster Response Force (NDRF) was created as a specialised response force.
- Post-2005 Consolidation- Systems, Forces, and Finance: Operational guidelines, crisis management groups, incident response systems, and standard operating procedures were institutionalised.
- NDRF capacities expanded, and SDRF/NDRF financing was structured through the Finance Commissions.
- Greater emphasis emerged on hazard zoning, vulnerability mapping, and professionalised response mechanisms.
- Post-2015 Paradigm Shift- Mitigation and Climate Resilience: Influenced by the Sendai Framework for Disaster Risk Reduction (2015–2030), India shifted towards Disaster Risk Reduction (DRR).
- Focus expanded to climate-resilient infrastructure (CRI), multi-hazard Early Warning Systems (EWS), nature-based solutions, and urban resilience, making the approach risk-informed and prevention-oriented.
- Localisation and Community-Centric Governance: Growing emphasis on Community-Based Disaster Risk Reduction (CBDRR) empowered Panchayats and Urban Local Bodies as first responders.
- Capacity building, drills, public awareness, and last-mile connectivity became central to creating a disaster-resilient society.
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