Disaster Management (Amendment) Bill, 2024 was introduced in Lok Sabha in August 2024. The Bill amends the Disaster Management Act, 2005.

Disaster Management Act, 2005 and Amendment

• Aftermath of Indian Ocean Tsunami: The Disaster Management Act, 2005 was enacted in India in response to the devastating Indian Ocean Tsunami of 26 December 2004, which primarily affected the coastal regions of Tamil Nadu and the Andaman and Nicobar Islands.
• Aim of the Act: This act seeks to strengthen the country’s disaster management framework by focusing on prevention, preparedness, and resilience across all levels of governance.
• It emphasizes:
  • Knowledge Dissemination: Promoting awareness and understanding of disaster risks and management strategies among communities and stakeholders.
  • Risk Identification, Assessment, and Monitoring: Systematic identification and evaluation of disaster risks, coupled with continuous monitoring to ensure timely responses.
  • Mitigation and Adaptation Measures: Implementing disaster mitigation strategies that combine modern technology, traditional wisdom, and environmentally sustainable practices.
• Need for Disaster Management (Amendment) Bill, 2024: The government recognized that the 2005 act was becoming outdated in the face of new challenges posed by the changing nature of natural disasters due to climate change.

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Concerns with the Bill 

• Lack of Community-Centric Language: The Bill uses terms such as ‘monitor’ and ‘guidelines’, which convey a top-down, controlled approach to disaster management. In contrast, words like ‘supervision’ and ‘direction’ could have fostered greater trust and collaboration with local communities and governments.
  • Global Legal Research Documents: Global frameworks like the Yokohama Strategy, the Hyogo Framework for Action, and the Sendai Framework recognize local communities as the “first responders” during disasters, underscoring the need to empower them through more inclusive and participatory language.
  • Importance of Local Communities: Historical examples like Cyclone Aila (2009) in the Sundarbans, the Kedarnath floods (2013), and the Kerala floods (2018) show how local villagers and fisherfolk often started rescue operations before the National Disaster Response Force (NDRF) or Coast Guard could reach the affected areas.
• Omission of Intersectional Discrimination: The Bill fails to address intersectional discrimination, which is vital for understanding vulnerability in disaster situations. 
  • Need for Inclusive Disaster Response: Communities facing multiple forms of discrimination—such as women, disabled individuals, marginalized castes, and LGBTQIA+ persons—often face greater risks, including neglect by responders or being overlooked as priorities.
• Lack of Evaluation Mechanisms: The Bill lacks clear provisions for evaluating district authorities’ performance in disaster preparedness. 
  • This results in blame-shifting during disasters, undermines accountability, and opens the door to political exploitation, weakening governance.
• Contradiction Regarding Law and Order: While the Bill explicitly excludes “law and order” from the scope of disaster management, it paradoxically includes State Director Generals of Police in the State Executive Committees (SECs).
• Omission of Relief Standards and Provisions: Sections 12 and 13 of the Disaster Management Act (DMA), which outlined minimum relief standards and loan repayment relief, have been removed.  
  • Removal of Section 19: Similarly, Section 19, requiring states to follow relief guidelines, has been dropped. 
    • These sections also included provisions for widows, orphans, the homeless, and financial assistance for loss of life, house damage, and livelihood restoration.
  • No Replacement: The Bill does not replace these provisions.
• Neglect of Animal Welfare: The Bill fails to address the significant issue of animal welfare in the aftermath of disasters. 
  • Thousands of animals perish during disasters, yet the Bill does not mention animal protection or the role of District Disaster Management Authorities (DDMAs) in implementing the Animal Birth Control (ABC) Rules, 2023.
• A New Authority: The Bill introduces an Urban Disaster Management Authority (UDMA) under Section 41A, but the rationale for this new body remains unclear.
  • Municipal Corporations: Municipal corporations, as major revenue sources in cities, influence disaster management.
  • Their Role in Urban Flooding: However, their involvement in disaster management is questionable, as they often encourage urban flooding by allowing encroachments on vital areas like aquifers, water bodies, city forests, riverbeds, and markets.
  • This needs to be rectified as Municipal corporations remain essential in tackling natural disasters.
• Missed Opportunity for Regional Action: Given the global challenges posed by zoonotic diseases and cross-border environmental risks, the Bill fails to emphasize the need for regional collaboration in disaster management.
  • 2011 SAARC Agreement: International frameworks like the 2011 SAARC Agreement on Rapid Response to Natural Disasters could have been incorporated to enhance cross-border disaster response.

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Conclusion

As the Bill moves forward, it will be important to assess whether these concerns are adequately addressed to ensure that disaster management remains effective, equitable, and responsive to the diverse needs of affected communities.

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