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DISASTER MANAGEMENT (AMENDMENT ) BILL, 2024

Syllabus:

• GS-3– Disaster management act, role of amendment , implications , Ministry of Home Affairs

Focus :

• The article focuses on the implications of the Disaster Management (Amendment) Bill, 2024, highlighting concerns over its centralization of disaster management authority, restricted definitions of disasters, and inadequate financial devolution to states. It examines the impact on cooperative federalism and suggests the need for a more inclusive, decentralized, and dynamic approach to address the evolving nature of climate-induced disasters in India.

Source-TH

Introduction

• The Disaster Management (Amendment) Bill, 2024, was introduced in the Lok Sabha on August 1, 2024, by the central government.
• The Bill aims to amend the existing Disaster Management Act, 2005, in the wake of increasing climate-induced disasters.
• The amendments proposed in the Bill raise significant concerns regarding further centralization of disaster management and the possible erosion of cooperative federalism in India.

Overview of the Disaster Management (Amendment) Bill, 2024

• The existing Disaster Management Act, 2005, already establishes several authorities and committees at national, state, and district levels to coordinate disaster management efforts.
• The proposed Bill gives statutory status to the National Crisis Management Committee and a High-Level Committee, which were pre-existing entities before the 2005 Act.
• This formalization adds complexity to the existing chain of command, potentially causing delays in disaster response.
• The Bill claims to strengthen the National Disaster Management Authority (NDMA) and the State Disaster Management Authorities (SDMAs) for better preparedness at national and state levels.
• It also proposes the establishment of Urban Disaster Management Authorities for state capitals and cities with municipal corporations.
• However, the decentralization of responsibilities without adequate financial provisions is a significant flaw in the proposed amendments.

Centralization Concerns

Dilution of the National Disaster Response Fund

• The Bill dilutes the definition and purpose of the National Disaster Response Fund (NDRF) by removing the specified purposes for which the fund can be utilized.
• Under the current Act, the use of the NDRF is centrally controlled, often resulting in delayed responses in severe disasters, as witnessed when funds were denied to Tamil Nadu and disbursed later to Karnataka.
• Excessive centralization restricts states from taking prompt and localized action, undermining cooperative federalism.

Top-Down Approach Impact

• The amendment strengthens a top-down approach to disaster management, affecting vital cooperation between central and state governments.
• It fails to acknowledge that localized response and management are often more effective in the immediate aftermath of disasters.
• By consolidating more power at the national level, the Bill may reduce the flexibility and autonomy of states to respond quickly and adequately to disasters.

Definition of ‘Disaster’: A Key Concern

Restricted Definition under the Bill

• The Disaster Management Act, 2005, currently defines disasters in a limited manner, listing only specific events such as cyclones, droughts, earthquakes, fires, floods, tsunamis, hailstorms, landslides, avalanches, cloud bursts, pest attacks, frost, and cold waves.
• The amendment does not expand this list, despite the increasing impact of climate-induced disasters like heatwaves.
• On July 25, 2024, the Minister of State of Science, Technology, and Earth Sciences indicated in the Lok Sabha that there are no current plans to classify heatwaves as a notified disaster under the Act.
• This decision aligns with the 15th Finance Commission’s recommendation against expanding the list of notified disasters.

Global Consensus vs. Indian Standpoint

• There is a global consensus on recognizing heatwaves as climate-related disasters due to their severe impacts on ecosystems and human health.
• Data from the India Meteorological Department shows a rise in heatwave days, with 536 days recorded in recent years, the highest in 14 years.
• Heatwaves have caused 10,635 deaths in India between 2013 and 2022, highlighting their potential as major disasters.
• The restricted definition of disasters in the current Act and the proposed amendments do not account for the regional variability and impact of climate-induced disasters like heatwaves.

Inadequate Financial Devolution

• The current disaster management framework under the Act relies heavily on central government funds, particularly in severe disaster situations
• States are often left dependent on central disbursements, as evidenced by the delay in NDRF allocations to Tamil Nadu and Karnataka.
• The Bill does not adequately address financial devolution to the states, further entrenching centralized control over disaster relief and recovery efforts.

Need for Revisiting Financial Preparedness

• The proposed Bill does not sufficiently consider past failures in financial preparedness and response under the 2005 Act.
• There is an urgent need to re-evaluate the center’s role in financial preparedness for disaster management.
• Instead of a blame game between the center and states over who is responsible for disaster response, a more cooperative and integrated approach is required.

Impact on Cooperative Federalism

• The Disaster Management (Amendment) Bill, 2024, continues a trend towards centralization, potentially undermining cooperative federalism.
• It shifts more power to the central government, which could hinder the ability of state governments to act autonomously and efficiently in disaster management.
• The amendment does not take into account the need for a more balanced distribution of responsibilities and resources between the center and the states.

Recommendations for an Inclusive and Decentralized Approach

Reassessing the Definition of Disaster

• There is a need to revisit and expand the definition of ‘disaster’ under the Disaster Management Act, 2005, to include new forms of climate-induced disasters like heatwaves.
• The new definition should consider regional variability and specific geographical contexts to allow for a more nuanced and localized response.

Strengthening Financial Provisions

• The Bill should include provisions for greater financial autonomy and resource allocation to state and local authorities.
• This can ensure timely and adequate responses to disasters without waiting for central government intervention.

Promoting Cooperative Federalism

• The central government should work collaboratively with state governments, respecting their autonomy and decision-making capabilities.
• Disaster management policies should be framed to empower states and local authorities, promoting cooperative federalism in practice.

Integrating Climate Change Considerations

• Future amendments should consider the impact of climate change and the growing frequency of extreme weather events.

A dynamic approach to disaster management that includes climate risk assessment and adaptation strategies should be adopted.

Conclusion

• The Disaster Management (Amendment) Bill, 2024, reflects a continuation of centralization in India’s disaster management framework.
• While it proposes certain structural changes, it falls short of addressing critical issues such as financial devolution, expanding the definition of disasters, and fostering cooperative federalism.
• To effectively manage disasters in an era of climate change, a more inclusive, decentralized, and collaborative approach is needed that empowers state and local governments.

Mains UPSC Question

GS 3

The Disaster Management (Amendment) Bill, 2024, has been criticized for promoting centralization and undermining cooperative federalism in disaster management. Critically analyze the provisions of the Bill in light of these concerns. What changes would you suggest to create a more inclusive and decentralized approach to disaster management in India? (250 words)