Context:

On August 1, 2024, the Government of India (GOI) introduced the Disaster Management (Amendment) Bill in the Lok Sabha. This Bill aims to refine disaster management mechanisms established under the Disaster Management Act of 2005, emphasizing institutional improvements and the creation of Urban Disaster Management Authorities (UDMAs) for enhanced disaster preparedness and response.

Evolution of Disaster Management Approaches

Historical Context and Need for Amendments

The need for the Amendment Bill arose from experiences over nearly two decades, consultations with state governments, and recommendations from the 15th Finance Commission. The Bill reflects a shift towards a more proactive approach focusing on disaster risk reduction (DRR) rather than solely on post-disaster management.

Definitional Changes and Focus on DRR

The Bill modifies the definition of disaster management to include disaster risk reduction, emphasising systematic efforts to mitigate disaster risks and enhance preparedness and resilience. It empowers the NDMA to evaluate emerging disaster risks, including those potentially caused by extreme climate events.

Objectives and Provisions of the Amendment Bill

• Empowerment of NDMA: The Amendment Bill empowers the National Disaster Management Authority (NDMA) to make regulations under the Act, subject to prior approval from the central government. This provision ensures that NDMA can establish necessary regulations to effectively manage disaster preparedness and response.
• Formation of State Disaster Response Forces (SDRFs) : The Bill empowers state governments to create State Disaster Response Forces (SDRFs), which will specialize in responding to disaster situations. The functions and terms of service for SDRF members will be defined by the respective state governments.
• Granting Statutory Status to Existing Committees : The Amendment Bill provides statutory status to existing bodies such as the National Crisis Management Committee (NCMC) and the High-Level Committee (HLC). The NCMC will act as the central body for managing major disasters with significant or national implications, while the HLC will oversee financial assistance to state governments and approve funding from the National Disaster Mitigation Fund. The Cabinet Secretary will chair the NCMC, and the Minister responsible for disaster management will chair the HLC.
• Urban Disaster Management Authorities (UDMAs) : A key feature of the Amendment Bill is the establishment of UDMAs for state capitals and large cities with municipal corporations. These authorities are designed to address urban disaster management more effectively, acknowledging the unique challenges posed by densely populated and economically vital urban areas.
• Changes in NDMA Appointments : Under the Bill, the NDMA is granted the authority to determine the number and categories of its officers and employees, with prior approval from the central government. Additionally, NDMA is empowered to appoint experts and consultants as needed, providing it with greater flexibility in staffing and expertise.

Criticisms and Challenges

●     Constitutionality and Encroachment Concerns : The Opposition has questioned the constitutionality of the Amendment Bill, arguing that changes to the Concurrent List of the Constitution may be necessary. They have criticised the Bill for potentially encroaching on state jurisdictions and creating multiple authorities, which could lead to confusion.

●  Implementation Issues and Resource Constraints : The creation of UDMAs is a significant step towards addressing urban disaster management. However, there are concerns about the capacity of Urban Local Bodies (ULBs) to effectively manage these new authorities. The Bill places the municipal commissioner as the chairman of UDMAs, with the collector serving as vice chairman. This arrangement may face challenges in coordination and resource allocation, particularly in smaller cities where municipal commissioners might not hold senior positions relative to district collectors.

●     Resource Allocation and Infrastructure : One major concern is the lack of provisions in the Amendment Act regarding resource allocation for UDMAs. The effectiveness of DRR activities will depend on the ability of ULBs to set up, equip, and maintain the necessary infrastructure. While some funds may be available from the National Disaster Mitigation Fund, the Bill does not address the local resource requirements comprehensively.

Strengthening Disaster Management in India

●   Ensuring Constitutional Compliance: A thorough legal review should be conducted to align the Bill with constitutional provisions and avoid potential conflicts with state jurisdictions. Additionally, exploring the feasibility of amending the Concurrent List could help clarify the division of responsibilities between central and state governments.

●   Strengthening Urban Disaster Management Authorities (UDMAs): Strengthening Urban Disaster Management Authorities (UDMAs) requires adequate funding and resources to enable effective operations. Clear roles and responsibilities for UDMAs and municipal corporations must be defined to avoid duplication of efforts. Specialized training programs should be established to enhance the expertise and capacity of UDMA officials.

●     Enhancing Coordination and Collaboration: Improving coordination among NDMA, SDMAs, UDMAs, and other relevant stakeholders can be achieved by establishing effective communication channels and protocols. Encouraging intergovernmental cooperation and sharing best practices in disaster management will further strengthen the overall response.

●  Promoting Community Resilience: Empowering communities through awareness campaigns, training programs, and local disaster preparedness plans. The involvement of civil society organisations and local communities in disaster management efforts should be encouraged to leverage local knowledge and resources.

● Investing in Research and Development: Supporting research and developing innovative solutions for disaster mitigation and response will improve preparedness. Investment in advanced early warning systems and technologies will enhance disaster prediction capabilities.

●     Addressing Resource Constraints: Addressing resource constraints requires securing sufficient funding for disaster management activities at every level, including for UDMAs. To bolster government funding, alternative financing options, such as public-private partnerships, should be explored.

●Strengthening Accountability and Transparency: It is crucial to enhance accountability and transparency. Establishing strong accountability mechanisms will ensure that disaster management funds are utilized effectively and transparently. By promoting open decision-making processes and transparent information sharing, public trust and confidence can be strengthened.

Conclusion

The Disaster Management (Amendment) Bill, 2024, introduces several important reforms aimed at enhancing disaster management in India, particularly in urban areas. However, its success will depend on addressing challenges related to constitutionality, resource constraints, and the effective implementation of UDMAs. As India navigates these issues, it must ensure that the new arrangements effectively improve disaster preparedness and response across the country.

Source: ORF India