The Disaster Management (Amendment) Bill is Knotty
Sept. 3, 2024

Context

  • The Disaster Management (Amendment) Bill, introduced by the central government on August 1, 2024, in the Lok Sabha, represents a significant step in the evolution of disaster management policy in India.
  • However, while it aims to address the challenges posed by climate-induced disasters, the Bill appears to worsen several issues already present in the Disaster Management Act of 2005.
  • Therefore, there is a need to critically analyse the proposed amendments and their implications for disaster management in India, particularly in the context of an escalating climate crisis.

Concerns Surrounding the Proposed Amendment Bill

  • Highly Centralised Structure
    • The Disaster Management Act, 2005, already established a highly centralised structure with various authorities and committees at the national, state, and district levels.
    • The proposed Bill seems to intensify this centralisation by granting statutory status to pre-existing bodies such as the National Crisis Management Committee and a High-Level Committee.
    • While these bodies are intended to streamline disaster response, their inclusion complicates the already intricate chain of command, potentially leading to delays in disaster response.
    • Such delays run counter to the Act's intent and purpose, as timely action is critical in mitigating the impact of disasters.
  • Questions on Response Mechanisms
    • The centralisation of disaster management raises concerns about the effectiveness of the response mechanisms.
    • It is matter of concern especially in a country as diverse as India, where regional variations in disaster patterns require localised responses.
    • The top-down approach may not adequately account for the unique needs of different states, leading to inefficiencies and potentially worsening the outcomes of disasters.

An Analysis of Gaps in the Financial Devolution in Disaster Management

  • A Missed Opportunity
    • The issue of financial devolution in disaster management is crucial because it directly impacts the ability of state and local governments to respond to disasters effectively and promptly.
    • The proposed Disaster Management (Amendment) Bill, 2024, intends to strengthen disaster management frameworks by enhancing the roles of the National Disaster Management Authority (NDMA) and State Disaster Management Authorities (SDMAs).
    • However, the Bill misses a critical opportunity to address the financial constraints that have historically hampered disaster response at the state and local levels.
  • The Centralised Financial Structure: An Ongoing Challenge
    • Under the current Disaster Management Act, 2005, the financial resources for disaster management are heavily centralised.
    • The National Disaster Response Fund (NDRF) and the State Disaster Response Fund (SDRF) are the primary sources of funding for disaster relief and recovery.
    • However, the disbursal of these funds is predominantly controlled by the central government.
    • This centralised control often results in significant delays in the release of funds, particularly when states are dealing with severe disasters.
    • The bureaucratic processes involved in securing these funds can be cumbersome, leading to a delayed response that can exacerbate the impact of the disaster.
      • For instance, there have been instances where states like Tamil Nadu and Karnataka experienced prolonged delays in receiving funds from the NDRF.
      • These delays not only hinder immediate relief efforts but also affect the long-term recovery and rehabilitation processes.
    • In the context of disaster management, time is of the essence, and any delay can have dire consequences for the affected populations.
  • Urban Disaster Management Authority: A Concept Without Financial Backing
    • The Bill introduces the concept of an Urban Disaster Management Authority for state capitals and cities with municipal corporations.
    • While this initiative aims to decentralise disaster management functions, it lacks the necessary financial backing to make a meaningful impact.
    • Urban areas, particularly large cities, are often the most vulnerable to disasters due to their dense populations and critical infrastructure.
    • Effective disaster management in these areas requires substantial financial resources to ensure preparedness, response, and recovery efforts.
  • Dilution of the National Disaster Response Fund: A Step Backward
    • One of the most concerning aspects of the proposed Bill is the dilution of the language surrounding the National Disaster Response Fund (NDRF).
    • The Bill removes specific references to the purposes for which the NDRF can be used, creating ambiguity in the allocation and utilisation of these funds.
    • This lack of clarity can lead to further centralisation of financial decision-making, with the central government retaining discretionary control over how funds are allocated and spent.
    • The dilution of the NDRF's purpose also raises questions about the commitment to ensuring that funds are available and used effectively in disaster situations.
    • In the absence of clear guidelines, there is a risk that the allocation of funds may be influenced by factors other than the severity of the disaster, such as political considerations.

Another Critical Gap: The Restricted Definition of 'Disaster'

  • The Disaster Management Act, 2005, and the proposed Bill both fall short in their definition of what constitutes a disaster.
  • The restricted list of notified disasters eligible for assistance under the NDRF and SDRF includes cyclones, droughts, earthquakes, floods, tsunamis, hailstorms, landslides, and similar events.
  • However, this definition does not account for the emerging reality of climate-induced disasters, particularly heatwaves, which have become increasingly frequent and severe in India.
  • Despite growing evidence of the devastating impact of heatwaves on ecosystems and human health, the government has resisted expanding the list of notified disasters to include heatwaves.
  • This decision runs counter to global trends, where there is broad consensus on recognizing heatwaves as climate-related disasters.
  • The omission is particularly concerning given that India has experienced a significant increase in heatwave days, with 536 heatwave days recorded in 2023 alone.
  • The consequences of such extreme weather events are severe, with over 10,000 deaths attributed to heat or sunstroke between 2013 and 2022.

Way Forward

  • A Need for Cooperative Federalism
    • The proposed Bill also raises questions about the balance of power between the central and state governments in disaster management.
    • The disproportionate power dynamics favouring the central government have long been a point of contention, particularly in the disbursal of funds and decision-making processes.
    • The conversation around disaster management should shift from a blame game between the Centre and the states to a more constructive dialogue on how to manage and predict future disasters effectively.
    • True cooperative federalism requires a rethinking of the roles and responsibilities of both levels of government, with a focus on empowering states to take the lead in disaster management.
  • Financial Inclusion and Autonomy
    • In the context of disaster management, financial preparedness is crucial for timely and effective response.
    • However, the proposed Bill does not provide a clear framework for improving the financial autonomy of states, nor does it address the lessons learned from past failures in disaster response.
    • For instance, the delayed response to disasters in Wayanad, Kerala, highlights the need for a more robust and decentralised approach to disaster management.

Conclusion

  • The Disaster Management (Amendment) Bill, 2024, while well-intentioned, falls short of addressing the critical challenges posed by climate change and the evolving nature of disasters in India.
  • To truly enhance disaster management in India, there is a need to revisit the existing framework, with a focus on decentralisation, financial autonomy, and a more inclusive definition of disasters that reflects the realities of climate change.
  • Only then can India build a more resilient and responsive disaster management system capable of protecting its citizens from the growing threats of climate-induced disasters.