The Disaster Management Amendment Bill 2024

The Disaster Management Amendment Bill 2024 was introduced in Lok Sabha by the Minister of State for Home seeking to amend the Disaster Management Act, 2005.

Disaster Management Amendment Bill 2024

• The Disaster Management Amendment Bill 2024 aims to strengthen the working of the National Disaster Management Authority (NDMA) and the State Disaster Management Authorities.
• Legal Provision: The Bill was introduced under Entry 23 in the Concurrent List (Social Security and insurance, employment and unemployment) and followed a report by a task force in 2013.

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Key Provisions of The Disaster Management Amendment Bill 2024

• A Disaster Management Authority for Urban Areas: The Disaster Management Amendment Bill 2024 aims to create an Urban Disaster Management Authority for state capitals and large cities having Municipal Corporations except the union territories of Delhi and Chandigarh.
• Disaster Database: The bill seeks to create a disaster database at the national and state level.
  • The Database will include Disaster assessment, fund allocation detail, expenditure, preparedness and mitigation plan, risk register as per risk assessment of its type and severity, etc as may be determined by the Central government.
• Decentralised Disaster plans: The Bill empowers the National Disaster Management Authority (NDMA) and the State Disaster Management Authorities (SDMA) to prepare the disaster plan at national level and State level respectively
• • Earlier the plans were made by the National Executive Committee and the State Executive Committees.
• Stock-take of Disaster Risk: NDMA will be empowered to take stock of the entire range of disaster risks in the country periodically, including emerging disaster risks, including risks of those disasters which may occur in future due to extreme climate events and other factors.
• Statutory Status: The Bill also provides statutory status to certain pre-Act organisations like the National Crisis Management Committee and the High-Level Committee.
• State Response Force: It also has provisions for the constitution of the State Disaster Response Force by the state government.
• Section 60A: The section empower the Central and State governments to direct any person to take any action or refrain from taking any action for reducing the impact of a disaster and to impose a penalty not exceeding ₹10,000.
• Clarity and Convergence: The NDMA may also appoint experts and consultants as necessary to perform its functions, also the roles of Authorities and Committees are sought to be defined to strengthen the efficient working of the National Disaster Management Authority and the State Disaster Management Authorities.
• Immunity: The Bill seeks to provide immunity to officials involved in the disaster management from any legal proceedings while discharging functions.
• Jurisdiction: The Bill has limited the jurisdiction to the Supreme Court and High Courts to entertain any suits in respect of anything done in relation to its functions by this Act.

Concerns and Challenges

• Test of Constitutionality: The Bill is brought under Entry 23 of the Concurrent List of Seventh Schedule which deals with “social security and social insurance, employment and unemployment” and not Disaster Management, which does not find mention in the Seventh Sechedule.
  • The Administrative Reforms Commission’s 3rd Report titled ‘Crisis Management: from Despair to Hope’ has recommended a new entry, “Management of Disasters and Emergencies, natural or manmade” be included in List III (Concurrent List) of the Seventh Schedule of the Constitution.
• Multiplicity of Authorities: The Bill creates more authorities, and multiplicity of authority will give rise to confusion, the bureaucratic muddle should not hamper rescue and relief work.
  • Example: Due to multiplicity of authority there is a conflict between the Kerala Chief Minister and the Home Minister regarding early warning in the context of Wayanad tragedy.
• Encroaching upon State Jurisdiction: The Bill overlapped with the legislative powers reserved for the States by granting excessive rulemaking power to the Central government through delegated legislation to make rules on specific matters, encroachupon the domain of State legislatures.

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Conclusion

The Disaster Management Amendment Bill 2024 strengthens disaster management structures but raises concerns over constitutional validity, authority overlap, and state jurisdiction encroachment.

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