Lok Sabha passes Bill to amend the Disaster Management Act of 2005

Context: The Lok Sabha on Thursday passed a Bill to strengthen the working of
national and State disaster management authorities, with the Centre stressing
that the legislation will help State governments deal with disasters better. The
new Bill would not only overcome them but also strengthen the disaster
management system. The Bill seeks to bring clarity and convergence among
stakeholders working in the field of disaster management. However, opposition
members said that the Disaster Management (Amendment) Bill, 2024 only talks
about creation of a plethora of organisations.

Key points

·       Overview: Disaster Management
(DM) Act, 2005 was enacted to provide for effective management of disasters and
for matters connected therewith. The Bill aims to mainstream disaster
management in development plans, aligning with recommendations of 15th Finance
Commission.

·       DM
(Amendment) Bill, 2024: Preparation of DM plans - National Disaster
Management Authority (NDMA) and State Disaster Management Authority (SDMA) will
prepare DM plans.

Functions of
NDMA and SDMA at their respective levels - Bill adds new functions for
these authorities, Taking periodic stock of disaster risks, etc.

State &
National Disaster Databases - Contain information on type & severity of
disaster risks, allocation of funds and expenditure, and disaster preparedness
and mitigation plans.

Appointments to
NDMA - Bill empowers NDMA to specify the number and category of officers and
employees, with previous approval of the central government.

Urban DM
Authorities - Bill empowers state government to constitute a separate Urban Disaster
Management Authority (UDMA) for state capitals and cities with a municipal
corporation except for Delhi and Chandigarh.

Formation of
State Disaster Response Force - Bill empowers state government to constitute
a State Disaster Response Force (SDRF).

National Crisis
Management Committee (NCMC) and the High-Level Committee (HLC) - Bill provides
statutory status to NCMC and HLC. NCMC will function as the nodal body for
dealing with major disasters with serious or national ramifications. HLC will
provide financial assistance to state governments during disasters.

·       Issues
with Bill: Lack of financial Devolution - Urban Local Bodies will find
difficult to set up, equip, and run the UDMAs due to financial constraints.

Centralization - Bill grants excessive
rulemaking power to Central government through delegated legislation to make
rules on specific matters, which could potentially overlap with legislative
powers reserved for States.

Test of
Constitutionality - Bill is brought under Entry 23 of the Concurrent
List of Seventh Schedule which deals with “social security and social
insurance, employment and unemployment” as Disaster Management is not mentioned
in the Seventh Schedule.

Restricted
definition of ‘disaster’ - Bill does not expand the list of notified disasters
to include climate-induced disaster such as heatwaves.

·       Conclusion: Bill 2024 aims
to strengthen disaster risk reduction and management by introducing new
structures like Urban Disaster Management Authorities. However, its success
will hinge on overcoming challenges related to coordination, authority, and
resource allocation among various levels of government.