Disaster Management Act 2005 Definition, Features and Criticism

Disaster Management Act 2005: The Disaster Management Act, 2005 steadfastly works to reduce risks, assess how dangerous a situation is, take action as soon as necessary, and treat and comfort the injured. The Disaster Management Act was passed on 26th December 2005. The article mentions the objectives, provisions, penalties, and authorities set under the Disaster Management Act, of 2005.

Disaster Management Act 2005

The Disaster Management Act, of 2005 provides for effective measures of management of disasters in the country. The act extends to the whole of India. The Disaster Management Act, 2005 was passed by the Government of India on 26th December 2005 containing 11 chapters and 79 sections. The Ministry of Home Affairs works with the National Disaster Management Authority. The Act also includes provisions for financial and monetary aid, such as establishing funds for disaster relief and other urgent situations. The Act forms several agencies and organizations for the efficient management of disaster risk reduction at the national, state, and district levels, offering a plan for every level.

The Disaster Management Act, 2005 (DMA) assures safety and proper management of imminent approaching disasters and helps to execute and implement optimum measures for the safety of people. DMA establishes institutional mechanisms, frames guidelines for disaster management, sets the planning and implementation of disaster management measures, and defines the stakeholders’ responsibilities in disaster management efforts.

The need to have a streamlined act with a proactive approach towards risk reduction and to have preparedness and mitigation measures ready for forthcoming disasters was the intention behind the Disaster Management Act, of 2005. To promote sustainable growth, the act emphasizes the inclusion of disaster management into development planning procedures.

The Disaster Management Act, 2005 also enables provisions enhancing coordination among various governmental agencies, non-governmental organizations, and the community to effectively respond to and mitigate disasters and minimize their impact on human lives, infrastructure, and the environment.

Meaning of Disaster and Disaster Management

‘Disaster’ refers to a catastrophe, calamity, or mishap in any area that results in serious destruction, significant loss of life or injuries, damage to property, and damage or degradation of the environment. The term is defined under Section 2(d) of the Disaster Management Act, 2005. It is of a nature or magnitude that is beyond the capacity of the community to cope with. It may be caused by natural or man-made accidents, technological hazards, environmental mishaps, or negligence.

Disaster management is the process of effectively planning, preparing for, and mitigating disasters as defined under Section 2(e) of the Disaster Management Act, 2005. It involves strategically arranging and managing resources aimed at disaster risk reduction. It also includes a systematic strategy, coordination, and functioning for handling calamity prevention, readiness, prompt response, capacity-building, rehabilitation, reconstruction, and recovery duties.

Purpose of the Disaster Management Act 2005

The primary and foremost purpose of the act is to frame and regulate policies for disaster management and risk reduction. The Prime Minister is the chief of the Disaster Management Authority. The purposes and responsibilities under the Disaster Management Act 2005 are the following:

• Regulate, implement, and collaborate to execute disaster management policies
• Organizing financial aid to the disaster-affected state and people
• Providing assurance, needed assistance, and regular aid to the majorly stricken countries
• Providing necessary measures for disaster prevention, mitigation, or preparedness and capacity building for the anticipated forthcoming calamities
• Establishing policies and guidelines by the National Institute of Disaster Management

Authorities under the Disaster Management Act 2005

The government and legislation aim to reduce risk and mitigate the inevitable calamities. Through the Disaster Management Act 2005, the government intends to reframe policies for a safe and sustainable environment by setting up authorities at different levels. The salient features and authorities set under the Disaster Management Act 2005 are mentioned below:

The National Disaster Management Authority (NDMA) is set up to make policies, plans, and guidelines for disaster management. The chairperson of the authority is the Prime Minister of India, and the NDMA will consist of no more than nine members, including a vice chairperson. The tenure of all the members is 5 years.

The State Disaster Management Authority (SDMA) is responsible for planning and preparing disaster strategies for the respective states. The chairperson is the Chief Minister, who further appoints eight members.

The chairperson of District Disaster Management (DDMA) is the Collector, District Magistrate, or Deputy Commissioner of the district.

The National Executive Committee consists of secretary-level officers of the government representing various ministries such as finance, home, health, power, and agriculture. The committee is responsible for preparing, reviewing, and updating the National Disaster Management Plan for the country.

The National Disaster Response Force (NDRF) takes care of responding to disasters and is headed by a Director-General appointed by the Central Government.

Objectives of the Disaster Management Act 2005

The Disaster Management Act aims to provide a comprehensive, streamlined framework for disaster management and risk reduction in India. It focuses on minimizing the impact of catastrophes and promoting effective rehabilitation measures. The objectives of the Disaster Management Act, 2005 are the following:

• Establishes efficient disaster management systems and institutional mechanisms for the country at different levels.
• Emphasizes preparedness and capacity-building for quick response and mitigation of forthcoming calamities.
• Empower the central government to declare all or a portion of the nation impacted by a disaster.
• Empowers the federal and state governments to create various authorities at respective levels focusing on disaster management.
• Provides a legal framework for the coordination, planning, and implementation of disaster management.
• Facilitates efficient and optimum utilization of resources for effective disaster response and recovery.
• Encouraging research, training, and awareness programs related to disaster management.
• Encouraging the coordination of various agencies and organizations in disaster management.

Phases of Disaster Management Act 2005

Disaster management has four phases under the Disaster Management Act, 2005 ensuring mitigation of proper precautions to combat disaster situations, anticipating and being prepared through emergency training sessions, actively planning for swift and quick responses in the disaster event, and recovery, which is primarily important to provide necessities to those affected.

The Disaster Management Act 2005 and its Provisions

The Disaster Management Act, 2005 establishes authorities and bodies for the effective management of disasters at the national, state, and district levels. It also provides the ‘plan’ for each level and has laid down composition and functions, respectively. The following are a few important provisions of the act:

Section 3 authorizes the establishment of the National Disaster Management Authority. The Prime Minister of India is the Chairperson, and other members not exceeding nine are to be nominated by the Chairperson.

Section 6 provides the powers and functions of the National Disaster Management Authority, which include making the policies on disaster management, approving the national plan and plans by other ministries and departments, laying down guidelines for State authorities, ministries and departments, recommending funds for mitigation, etc.

Section 7 enables the National Authority to constitute an advisory committee to advise or make recommendations on various aspects of disaster management, consisting of experts and people with practical experience in disaster management.

Section 8 constitutes the National Executive Committee of the Central Government to assist the National Authority. The National Executive Committee may constitute one or more sub-communities to discharge its functions smoothly.

Section 10 lays the powers and functions of the National Executive Committee, namely, to act as a coordinating and monitoring body for disaster management, prepare the National Plan to be approved by the National Authority, monitor the implementation of the National Policy, provide technical assistance to State Governments and authorities for carrying out their functions, etc.

Section 11 states that the National Executive Committee shall prepare the ‘National Plan’, which should be reviewed and updated manually and which shall include measures for the prevention of disasters, measures for the integration of mitigation measures in the plans, and duties and responsibilities of ministries and departments of the Government of India.

Section 14 authorizes the establishment of the State Disaster Management Authority. The authority includes the Chief Minister of the State or the Lieutenant Governor of the Union Territories as an ex-officio Chairperson of the State Authority and other members not exceeding eight to be nominated by the Chairperson of the State Authority.

Section 17 states that the State Authority may constitute an advisory committee to make recommendations on disaster management, which shall consist of experts in disaster management with practical experience.

Section 18 specifies the powers and functions of the State Disaster Management Authority, like laying down the state policy on disaster management, approving the state plan and plans by other departments, laying down guidelines for different departments of state, monitoring the implementation of the state plan for disaster management, etc.

Section 25 authorizes the establishment of the District Disaster Management Authority. Section 30 states the powers and functions of the District authority, namely, preparing a disaster management plan for the district, monitoring the implementation of plans and policies, identifying areas vulnerable to disasters, etc.

Section 28 states that the District Authority may constitute one or more advisory committees and other committees for the efficient discharge of its functions.

Section 42 states that the Central Government shall constitute the National Institute of Disaster Management (NIDM) and prescribe its members, terms of office, and vacancies. The purposes of this institute are, namely, to develop training modules, undertake research and documentation, formulate and implement a comprehensive development plan, assist in the formulation of national policies, assist state governments and state training institutes, etc.

Section 44 institutes that the National Disaster Response Force shall be constituted to provide a specialised response at times of threatening disaster situations with the help of trained professionals, which includes medical staff, engineers, technicians, dog squads, rescuers, etc.

Penalties under the Disaster Management Act 2005

The penalties imposed under the Disaster Management Act, 2005 are under Chapter X, Sections 51 to 60 of the act:

• Obstructing any officer or refusing to comply with directions under Section 51 imposes imprisonment, which may extend to 1 year, or fine, or both. If it results in loss of life or imminent danger, imprisonment may extend to 2 years.
• Making a false claim for obtaining relief, assistance, and other benefits under Section 52 imposes imprisonment, which may extend to 2 years and a fine.
• Misappropriation of money, materials, etc. under Section 53 imposes imprisonment, which may extend to 2 years and a fine.
• False alarm or warning leading to panic under Section 54 imposes imprisonment, which may extend to 1 year or a fine.
• Offences by Departments of the Government under Section 55 shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
• Failure of an officer in duty or his connivance in contravention of the provisions of this Act under Section 56 imposes imprisonment, which may extend to one year or a fine.
• Contravention of an order under Section 65 regarding requisitioning under Section 57 imposes imprisonment which may extend to one year or with a fine or both.
• Offence by companies under Section 58 shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.

Criticism of Disaster Management Act 2005

Disaster Management Act 2005 has been praised and criticised at the same time for its shortcomings. The following are the criticisms of the Disaster Management Act, 2005:

• The absence of provisions for declaring ‘disaster-prone zones’ results in difficulty in mitigating potential damages in vulnerable areas.
• The Disaster Response Fund and Disaster Mitigation Fund at the district level have not been operationalized.
• There is a persistent lack of technology, lack of equipment, and delays in response and implementation.
• The narrow definition of disasters is another shortcoming of the act. The act under Section 2(d) defines disasters. The act lacks an effective mechanism to combat disasters mentioned in the definition and those left.
• National Disaster Management Authority personnel lack the resources due to scarcity, like types of equipment, facilities, technology, etc, that are needed in disaster management for its prevention or mitigation.
• There is a persistent need for new disaster management guidelines to rectify the deficiencies and ensure the involvement of society, private enterprises, and NGOs in disaster risk reduction.
• The new guidelines need to address the current authorities’ dysfunctions and lay down the role of the stakeholders in disaster management.
• The established institutions under the act remain inactive for most of the time and become operational only in a few cases.
• These authorities at the national, state or district level have overlapping functions with each other causing confusion and conflict leading to delays in functionality.

Disaster Management Act, 2005 UPSC

Aspirants with the perspective of UPSC exams should know about Disaster Management in India. The Disaster Management Act, 2005 holds great significance in the syllabus of both, the UPSC prelims and mains exam. Disaster Management Act, 2005 is an important topic under the governance and current affairs section of the UPSC syllabus. The aspirants must comprehend the provisions and policies related to disaster management in India.

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