Disaster Management Act (DMA), 2005
About
- It is an Act to provide for the effective management of disasters and for matters connected therewith or incidental thereto.
- The DM Act was enacted in the wake of the 1999 Odisha super-cyclone and the 2004 tsunami.
Objectives
- The objective of this Act is to provide an effective disaster management system for the whole of India, in case of natural and man-made disasters.
- For this objective, this Act empowers the Central Government and the state government to establish various authorities at each level to look for such management in the case of disaster. It includes mitigation strategies, capacity-building, relief measures, etc.
Main features of the Act
- Definition of Disaster
- The act defines a disaster as a catastrophe, mishap, calamity or grave occurrence arising from natural or man-made causes that results in substantial loss of life, destruction of property, or damage to the environment.
- It must also be of such nature which is beyond the coping capacity of the community. If such an event happens, then the provisions of the DM Act can be invoked.
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- This Act establishes various authorities and bodies for the effective management of disasters at all three levels- national, state, and district. It also provides the ‘plan’ for each level.
- National Disaster Management Authority (NDMA)
- It will be the apex body to manage and frame policies related to disaster management.
- It is headed by the Prime Minister.
- The Ministry of Home Affairs is the nodal ministry responsible for it.
- National Executive Committee
- The National Executive Committee shall assist the NDMA in the discharge of its functions and have the responsibility for implementing the policies and plans of the National Authority.
- It prepares the National Plan that has to be approved by the NDMA.
- National Disaster Response Force (NDRF)
- These are trained professional units that are called upon for specialized response to natural and man-made disasters.
- At present, NDRF comprises 16 battalions.
- State Disaster Management Authority
- It lays down the state policy on disaster management and approves the state plan, and plans by other departments.
- District Disaster Management Authority (DDMA)
- The Collector or District Magistrate or Deputy Commissioner of the district acts as an ex-officio Chairperson of the District Authority.
- Its function is to prepare a disaster management plan for the district, and to monitor the implementation of plans and policies in the district.
- National Disaster Management Authority (NDMA)
- This Act establishes various authorities and bodies for the effective management of disasters at all three levels- national, state, and district. It also provides the ‘plan’ for each level.
- Notified disasters
- Currently, there are 12 categories of disasters which are notified under this Act.
- These are cyclones, drought, earthquake, fire, flood, tsunami, hailstorm, landslide, avalanche, cloudburst, pest attack, and frost and cold waves.
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- If such an event happens, then the provisions of the DM Act can be invoked.
- The provisions allow states to draw money from the two funds that have been set up under this law — the National Disaster Response Fund (NDRF) at the national level and the State Disaster Response Fund (SDRF) at the state level.
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Reason for demand for the inclusion of heatwaves as notified disasters
- Heat waves were not viewed as a disaster when the Act came into being in 2005. It was because heat waves were a common occurrence during summer, and not really an unusual weather event.
- In the last 15 years, however, both the severity and frequency of heatwaves have increased.
- In India there are 23 states which are vulnerable to heatwaves.
- These states as well as several vulnerable cities have now prepared heat action plans (HAPs) to deal with the impacts of extreme heat.
HAPs involve activities like creation of shaded spaces, ensuring availability of cool water in public places, distribution of simple oral solutions, and reorganising the schedules of schools, colleges and office working hours. |
- These measures require expenditure but state governments have not been able to use the SDRF for them. This is the reason for the demand for inclusion of heatwaves as a notified disaster in the DM Act.
- Inclusion of heat waves as a notified disaster can improve the management of heatwaves. Heat-related illnesses and deaths would be better reported, and authorities would be more alert to minimise the impacts of heatwaves.
Why is the Centre not adding heat waves as a notified disaster now?
- Finance Commission Reluctance
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- Though states have put the demand of including heat waves as a notified disaster before the last three Finance Commissions the Finance Commissions have not entirely been convinced stating it did not find merit in the request to include heatwaves.
Finance Commission is the periodically established Constitutional body that decides on the distribution of financial resources between the Centre and states. |
- But it endorsed an enabling provision that allowed states to utilise at least a part of the SDRF money (up to 10%) for local disasters such as lightning or heatwaves, which states could notify on their own.
- Practical Difficulties
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- The main reason behind the reluctance to add heatwave as a notified disaster is the potentially huge financial implication of the move. The government has to provide monetary compensation (Rs.4 lakh) for every life lost because of a disaster that is in the notified list. Grievous injuries also have to be compensated.
The other reason is the problem in attributing deaths to heatwaves. In most cases, heat itself does not claim lives. Most people die due to other pre-existing conditions, made worse by the impact of extreme heat. It is often difficult to identify the victims.
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