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ACKNOWLEDGEMENT
Firstly, I would like to express my profound sense of gratitude towards the
Almighty God for providing me with the authentic circumstances which were
mandatory for the completion of my research work.
I am also thankful to Professor Mr. Saurabh, for his invaluable support,
encouragement, supervision and useful suggestions throughout this research work.
His moral support and continuous guidance enabled me to complete my work
successfully. His intellectual thrust and blessings motivated me to work rigorously
on this study. In fact this study could not have seen the light of the day if his
contribution had not been available. It would be no exaggeration to say that it is his
unflinching faith and unquestioning support that has provided the sustenance
necessary to see it through to its present shape.
I am thankful to the Librarians, Faculty of Law, Jamia Millia Islamia for helping
me in collecting the relevant material for my project report.
I would like to extend my sincere thanks to my friends and family for their
constant review and honest remarks.
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RESEARCH METHODOLOGGY
The research work is primarily based on DOCTRINAL RESEARCH METHOD,
keeping this in view the researcher has utilized the resources like print and
electronic media like articles, reports of various authorities, books, internet
websites and discussions with teachers, classmates and friends.
The research tools are explored and used which includes both primary data like
International Conventions, Foreign statutes, Law commission reports, Acts, and
secondary data like books, articles, journal newspaper, internet, etc.
The researcher has visited various libraries situated in Delhi to access the most
recent publications on the research topic.
From the collected material and information, the researcher proposes to
critically analyse the topic of the study and will try to reach the core aspect of it
in order to explore the current position and make suggestions on the topic.
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Promoting a productive partnership with the media to create awareness and contributing
towards capacity development.
Ensuring efficient response and relief with a caring approach towards the needs of the
vulnerable sections of the society.
SCOPE OF STUDY
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Multi-sectoral synergy.
who
are
worst
affected
on
account
of
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Ministry of Home Affairs is the nodal agency for all issues related to disaster
management except the drought which is looked after by the Ministry of
Agriculture. The Act comprises of 79 sections and 11 chapters. The President
of India gave his assent to the Disaster Management Bill 2005 on January 9,
2006.
HYPOTHESIS
A disaster refers to a catastrophe, mishap, calamity or grave occurrence from
natural or man-made causes, which is beyond the coping capacity of the
affected community. DM involves a continuous and integrated process of
planning, organising, coordinating and implementing measures which are
necessary or expedient for:
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A typical DM continuum comprises six elements; the pre-disaster phase
includes prevention, mitigation and preparedness, while the post-disaster
phase includes response, rehabilitation, reconstruction and recovery.
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INTRODUCTION
MEANING OF DISASTER:
A disaster is a natural or man-made (or technological) hazard resulting in an
event
of
substantial
extent
causing
significant
physical
damage
or
such
as
earthquakes, floods,
disasters
are
seen
as
the
consequence
of
in
DEFINTION OF DISASTER:
The Disaster Management Act, 2005, Section 2 (d) defines disaster as:
disaster" means a catastrophe, mishap, calamity or grave occurrence in
any area, arising from natural or manmade causes, or by accident or
negligence which results in substantial loss of life or human suffering or
damage to, and destruction of, property, or damage to, or degradation of,
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environment, and is of such a nature or magnitude as to be beyond the
coping capacity of the community of the affected area;
According to Smith K.- a disaster generally results from the interaction in
time and space, between the physical exposure to a hazardous process and
a vulnerable human population.
Natural disasters:
Natural
disasters
include
things
such
as
floods,
volcanic
eruptions,
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There are some which have been termed as the most famous natural
disasters and by learning more about them it becomes easier to handle the
calamity when disaster strikes. In this category, some of the popular
incidences include fires, tsunami, earthquakes, tornadoes and the floods. As
a matter of fact, there are incidences when it is important to expound on
some of these natural disasters in order to ensure that in case of any
eventuality you are well prepared.
For instance, earthquakes are known to occur in areas that are earthquake
prone. This is defined as the shaking of earth crust and it is brought about by
shifting of the tectonic plates. While this is a sudden and unanticipated
shake, the magnitude varies and this is what determines the after effects
and whether or not a large percentage of the population suffers from the
same. Additionally, earthquakes are known to affects humans and animals
alike.
While the earthquake itself is not responsible for this, secondary effects
which occur after the quake do. In most cases, this leads to collapse of
buildings, triggering of fires and volcanoes among other manmade disasters.
Some of the quakes that went down history books as worst natural disasters
include the Indian Ocean quake which is the third strongest world wide.
It had a magnitude of 9.1-9.3. It is known to have triggered one of the most
major tsunamis which claimed the lives of more than 229,000. The most
recent one has to be the 2011 Tohuku quake and this one recorded a
magnitude of 9.0. The death tool in this case is recorded to be more than
13,000 and to date more than 12,000 people are still recorded as missing.
Other quakes worth noting include the java earthquake in 2006, the Chile
quake in 2010. The last one was accompanied by tsunami that claimed more
than 550 lives. Large buildings like land based casinos were reported to have
been torn down like they were made of paper, as one online casino directory
reports.
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Floods are also known to cause some of the worst natural disasters and this
is especially true when they are accompanied by hurricanes. Hundreds of
thousands of lives have been lost due to this and consequently, it is ranked
among the most dreaded occurrences. These often occur in areas that are
flood prone and for this reason it is always advised to avoid living in such
areas. Other types of natural disasters that are just as disastrous include
blizzards, droughts, fires, health disasters and space disasters among others.
The manner in which each of these incidences is handled varies in
accordance to the magnitude of the natural disaster and how well people
cope with the same.
While natural disasters are an act of God and unstoppable, having the
necessary precautionary measures in place to ensure that people are well
prepared for the same goes a long way to ease the burden associated with
such burdens making it less difficult to handle. What is more, if more people
seek to get educated on such aspects, it becomes easier to handle any
eventualities. The same could not be said about our ancestors before us. It is
precisely due to these facts that the importance of preparedness cannot be
overstressed. To cap it all, the world should unite in handling such
occurrences to ease the burden placed on individual countries and especially
those termed as third world countries.
Manmade disasters:
These can be divided into different categories and they include technological
hazards, sociological hazards and transportation hazards among others.
Manmade disasters are also known as anthropogenic disasters and they as a
result of human intent, error or as a result of failed systems. As mentioned
earlier, these are broken down into several categories and while this is the
case, there are some that cause more pronounced damage when compared
to others. A good example is to look at manmade disasters such as
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transportation. These are divided into different categories which include
aviation, rail, road and space among others. Often these are as a result of
neglect or ignorance and over the years, they have claimed several lives.
Another type of disaster that falls in this category is nuclear bomb. When this
occurs, it is often as a result of intent and the end results are even more
catastrophic with a large percentage of those involved losing their lives or
alternatively ending up with major defects or long term injuries. Other types
of manmade disasters which are just as catastrophic include chemical spill,
oil spill, arson and terrorism. There are also some technological hazards
which include power outages structural collapse, industrial hazards and fire.
In cases of the last example, thousands of kilometers of land can be
destroyed and anything else that is in the wake of the fires path.
Over the years, fires have come to be known as rampant manmade disasters
and they are also divided into different categories such as bush fires, mine,
wild and firestorms. One of the most famous manmade disasters in the form
of fire was the Pennsylvania fire which was recorded in 1962. It left major
distraction in its wake by destroying a town and to date, such fires continue
to burn. Whenever people suffer injuries due to any of the mentioned
manmade factors, the condition is further aggravated if they dont get any
immediate health care. It is for this reason that it is considered important to
take learn more about fire preparedness and the most logical strategies to
use to reduce causalities percentages and aggravation of the situation.
The extent of damage caused by manmade disasters varies greatly and
while this is the case, it is important to state that others have notably high
costs when compared to others. This is especially true when it comes down
to responding and recovering. When you carry out a basic search, you will
come across several resources that highlight these costs and hence, this will
give you a clearer glimpse of what damage is caused by such occurrences.
Additionally, there are different factors which influence the costs such as
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location. For instance, if this were to occur in densely populated but wealthy
countries, the end result might prove to be huge. However, if the same were
to occur in densely populated but poor countries, the after effect costs might
prove to be lower and this is in part closely tied to insurance.
The death toll caused by manmade disasters will also vary in accordance to
geographical location and in this regard, the poorer countries are hardest hit
when compared to the richer ones. This is attributed to the fact that the
richer countries have what it take to respond with speed to calls of distress,
and can implement the proper safety measures needed via remote control
software from a distance to handle things safely and rapidly. Modern
technology plays a very important part in the way you respond and prepare
for distasters. With financial backing, it is easy to meet this end. On the other
hand, the poorer countries have no resources or assets to respond with.
There are several resources that categorically highlight the casualties in such
incidences and it is advisable to look into the same in order to become more
informed.
Despite the difference between these two, it is ideal to note that they can
cause irrevocable damage if the right measures are not put in place to avoid
the same. This is where the need for disaster preparedness comes in. It goes
a long way to cushion people from the after effects of such happenings.
There are several sources that provide useful resources that make it possible
to meet this end.
Whether the disaster is natural or manmade, the manner in which action is
taken goes a long way to determine how people fair from the experience. In
both instances, casualties should be treated immediately and the best way
to meet this end is placing the necessary measures in place that counteract
this. Note that the costs associated with handling of the manmade and
natural disasters run to billions of shillings every year and this negatively
affects the economy.
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with
emphasis
on
disaster
prevention,
mitigation
and
preparedness.
India traditionally accepted international help in responding to disasters.
However, after the 2004 Indian Ocean tsunami, India refused to accept
international response assistance from foreign governments. Not only that,
India deployed its defense personnel, medical teams, disaster experts, ships,
helicopters, and other type of human, material, and equipment resources to
help Sri Lanka, Mauritius, and Indonesia. It may be noted that India itself
suffered from the tsunami and was internally responding at the same time.
India is also lower income group country, while Indonesia is middle-income
group country.
As the tsunami experience illustrates, disasters do not recognize or respect
national geographic boundaries. In the increasingly globalized world, more
disasters will be spread over many countries and will be regional in nature.
India has set up an example of responding internally and simultaneously in
neighboring countries for the other countries to follow.
In the academic year 2003-2004, India took a pioneering step of starting
disaster management education as part of social sciences in class VIII. In the
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subsequent academic year 2004-2005 disaster management, was added to
class IX. In the following academic years disaster management was
progressively added to classes XI and XII. This was done by the Central Board
of Secondary Education. Along with disaster management education in
schools, India is also implementing community based disaster management
program with the help of United Nations Development Program in all-hazard
vulnerable districts.
Some of the catastrophic disasters in recent times have led to changes in
disaster policy and creation of new organizations. Policy changes include the
enactment of Disaster Management Act, 2005 and development of the
national disaster management response framework. The National Disaster
Management Authority was established to spearhead in creation of culture of
disaster resilience. The National Institute of Disaster Management itself and
along with Disaster Management Cells in the states is providing training
opportunities in disaster management.
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India is the largest democracy in the world with 1.7 billion population. It is
the second most populous country in the world with about 6 billion people.
That means on an average, every fifth person on the earth is an Indian.
Seventy-two percent of the Indian population lives in rural India. Nearly 60%
of the workforce is engaged in agriculture, and India now ranks second in the
world in farm production.
India is integrated, yet highly diversified country. On an average, every about
250 kilometers away there is different culture in terms of food habits,
clothing, language, rituals, and other symbolic interactions. India has
fourteen constituently recognized languages, but the vernacular or local
languages are around 600.
India lies in South Asia, surrounded on three sides by the Arabian Sea, the
Indian Ocean, and the Bay of Bengal. To the north there are the Himalayan
mountain ranges. The geographical area of India is 3.4 million square
kilometers, and the coastline is 7,500 kilometers long. Although India is one
of the youngest democratic nations (having obtained independence in 1947)
it is a country that has one of the oldest culture and history among the
nations of the world.
India was economically the richest country in the world till Mughals invaded
for looting. India knew mining and processing of diamonds, and all the great
diamonds belonged to India. Mohd. bin Qasim robbed Sind of 630 million
dirhams in the 11th century. Mahmud Ghazni raided India 17 times to loot
temples and palaces, including the Somnath temple which had offerings of
centuries accumulated. A tiny ruling group consisting of the Mughal Emperor
and 8,000 or so nobles (of a total population of 100 million ) actually
collected over half to one-third of the GNP as revenue after imposing their
rule over India for over seven centuries1. The per capita GDP in 2005 was
only $ 736, and India stood at 128 th among the countries in terms of the
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Human Development Index.2 Poverty is the main root cause of disasters in
India.
Simplistically speaking, a hazard is an event which is a possible source of
danger. Floods, droughts, cyclones, earthquakes and landslides have been
recurrent hazardous phenomena in India. Seventy five percent of the annual
rainfall is received during June to September monsoon making almost all the
rivers carry heavy discharge during this period. The flood hazard is
compounded by the problems of sediment deposition, drainage congestion
and synchronization of river floods with sea tides in the coastal plains. The
monsoon failure or excess in some part of India creates hazard for the
agricultural communities.
In contrast, drought is a temporary reduction in water or moisture availability
significantly below the normal or expected amount for a specific period. This
condition occurs either due to inadequacy of rainfall, or lack or irrigation
facilities, under-exploitation or deficient availability for meeting the normal
crop requirements in the context of the agro-climatic conditions prevailing in
any particular area. Rajasthan is the most drought prone state of India.
Cyclones are other hazards in India that generally strike the East Coast.
However, some of the Arabian Sea Cyclones strike the west coast of India,
mainly the Gujarat and North Maharashtra coast. Out of the storms that
develop in the Bay of Bengal, more than half approach or cross the east
coast in October and November. The Himalayan and sub-Himalayan regions,
Kutch and the Andaman and Nicobar Islands are particularly earthquake
hazard prone.3
Hazards in India are spread throughout the country.
country there could be heat wave, while at the same time in another part
2 (UNDP 2007)
3 (National Institute of Disaster Management 2009).
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there could be cold spell. In one part of the country there may be floods,
while another part there may be drought. Complicating the regional nature of
hazards, some parts of habituated India are not easily assessable by road or
railways or even waterways.
Apart from natural hazards, India faces intended and unintended terrorist
attacks and technological hazards, which have been increasing recently.
Technological hazards include the well-known Bhopal chemical disaster. India
is also considered to be one of the most terrorist prone countries in the
world. Examples include terrorist attack on the Indian parliament and in the
Mumbai in Taj Hotel and other places in November 2008. There are 174
terrorist, insurgent, and extremist groups in India; many of the unknown
groups are operating across the country, according to the South Asia
Terrorism portal.
VULNERABILITIES IN INDIA
Vulnerability is the susceptibility of being harmed. Scholars have debated on
the concepts of hazards and vulnerability. Two of the explanations for these
concepts can be found in McEntire 4. A disaster occurs when hazard interacts
with vulnerability. For example, if an earthquake (hazard) occurs, a
structurally safe building will withstand the shock (resistant), but a hutment
(vulnerable) may collapse; creating a disaster for the hutment dwellers.
Vulnerability could be due to the human related factors or natural features.
The human related factors that increase vulnerability of India could be
intended or unintended, and include apathy, poverty, corruption, illiteracy,
land use pattern, technological misuse, and terrorism. Poor land use planning
and inconsistent emergency management systems leads to vulnerability to
floods, drought, cyclones, earthquake, heat and cold waves, and landslides.
4 (2004 and 2005)
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As mentioned, India has a highly diversified range of natural features. Its
unique geo-climatic conditions make the country among the most vulnerable
to natural disasters in the world. Disasters occur with amazing frequency in
India and while the society at large has adapted itself to these regular
occurrences, the economic and social costs continue to mount year after
year. It is highly vulnerable to floods, drought, cyclones, earthquakes,
landslides, volcanoes, etc. Almost all parts of India experience one or more of
these events.5
Many regions in India are highly vulnerable to natural and other disasters on
account of geological conditions. About 60% of the total area of the country
is vulnerable to seismic damage of buildings in varying degrees. The most
vulnerable areas, according to the present seismic zone map of India, are
located in the Himalayan and sub-Himalayan regions. Kutch and the
Andaman and Nicobar Islands, which are particularly earthquake hazard
prone. Over 8% Indian area of 40 million hectares is prone to floods, and the
average area affected by floods annually is about 8 million hectares. Of the
nearly 7,500 kilometers long coastline, approximately 5,700 kilometers is
prone to cyclones, and 68% area is susceptible to drought. Disasters are no
longer limited to natural catastrophes. Man-made emergencies also cause
disasters in terms of fatalities and economic losses.
With urbanization and concentration of population in metropolitan cities,
more and more people are becoming vulnerable to locational disasters. 6 For
instance, a quarter of Indian population lives within 50 km of the coastal line.
The population within 1 km of the coast is 1.6 million, and 3.4 million within 2
km of the coast. These people are vulnerable to river flooding, and coastal
surges following cyclone or tsunami.
5 (Gupta 2000)
6 (Planning Commission 2008, Vol. 1, 207)
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By and large in the lower and middle management in the public sector, there
is wide spread apathy, due to which professionalism, effectiveness,
efficiency, and equity in public service is lacking. The public perception of
politicians and bureaucrat is not good. The government employees, due to
lack of rewards for better performance on the one hand, and near
impossibility of firing them become apathetic and are not motivated for
better performance. Additionally, the affirmative action of reservations for
recruitment and promotion (with comparatively lax merit standards) for the
scheduled casts and scheduled tribes (the historically disadvantaged and
legally defined cast groups) also leads to apathy, although it benefits
scheduled casts and scheduled tribes.
The percentage of the population below the official poverty line was 28% in
2004-2005. The absolute number of poor people was 302 million in 20042005. Forty six percent of the children in the age group zero to three years
suffered from malnutrition in 2005-2006. India has been ranked a lowly 74,
among countries of the world on the worldwide Corruption Perceptions Index,
prepared by independent international agency Transparency International.
Corruption is wide spread and percolates most of the sections of the society.
Corruption is not only wide spread, but is also blatant. The literacy rate has
steadily gone up to 64.8% in 2001, the number of illiterate persons still
exceeds 304 million, making India the country with the highest number of
illiterate persons in the world.7 Some parts of India still do not have even
electricity and/or telephone connectivity. All of these factors from illiteracy
and poverty to infrastructure inadequacy and apathy, indicate that India is
highly vulnerable to disasters.
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With the Bengal famine, Orissa Super Cyclone, Latur earthquake,
Bhopal chemical disaster, Andhra cyclone, Gujarat earthquake,
recurring floods, Mumbai 2008 bomb blasts and many other disasters
there is no foyer in the world with space large enough to exhibit the
collective pain on the face of India.8 India has ranked at the top or near top in
almost all type of disasters with number of deaths and people affected. India
does not appear in the world tally of damages in financial terms due to
disasters because of poverty and lack of infrastructure. Indian history is
dappled with so many disasters that it is difficult to cover in a section of the
chapter in a book.
Historically India has suffered from droughts and famine, and continues to
suffer from major earthquakes, floods and cyclones.
There have been many technological disasters in India. In 1979 the Koyna
dam at Morvi in Gujarat collapsed killing 1,335 people. Many gas leakages
from the chemical plants have killed workers as well. Some of the more wellknown blasts are discussed below.
On December 4 and 6, 1985 a major leakage of oleum gas took place from
Shriram Food and Fertilizers Industry, in the heart of the capital city of
Delhi which resulted in the death of several persons. Following this, The
Supreme Court of India established the principle of strict and absolute
liability, making owners of hazardous plants strictly and absolutely liable
for damages originating from their activities regardless of their fault.
The Bhopal chemical catastrophe is the worlds biggest industrial
disaster to date. On the night of December 3, 1984 in the Union Carbide
8 Kapur et al. (2005, 2)
9 The data in this chapter are sourced from Universit catholique de Louvain, Brussels EM-DRT International
Disaster Database (2009). EM-DAT contains essential core data on the occurrence and effects of over 16,000 mass
disasters in the world from 1900 to present. Among the other source of data are Indian Metrological Department
(2009) and Wikipedia.
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plant at Bhopal, 40 tones of methyl isocyanate (MIC) gas leaked without any
warning. The poisonous gas leakage killed 3,828 people immediately,
injuring hundreds of thousands, incapacitating most of them for life. In
addition, thousands of cattle, nearly poisoning water, polluting surrounding
air for miles affected the breathing capacity of the people, and other long
lasting disastrous effects.10 According to Amnesty International (2004, 1)
22,000 people have died of their injuries.
Union Carbide plant in Bhopal was the subsidiary of Union Carbide
Corporation incorporated in USA. The Government of India and the Union
Carbide reached an out of court settlement for $490 million. Compensation
claims of 1,029,517 people were registered, out of which 574,304 claims
were awarded (Bhopal Gas Tragedy Relief and Rehabilitation Department
2009). However, only a small portion of the compensation has been
distributed to the victims due to legal and administrative procedures.
There have been many transportation accidents in India.11
Following the head-on mid-air collision, the Civil Aviation Authority in India
made it mandatory for all aircrafts flying in and out of India to be equipped
with an Airborne Collision Avoidance System. This was the first time in the
world that ACAS was made mandatory.
The Indian Railways is the world's largest railway system under a single
management; with about 63,000-km route network that operates over
11,000 trains every day. There have been many railway accidents which
could be considered as disasters.
10 (Gupta Forthcoming)
11 (Gupta, Dangayach, and Bhardawaj 2007).
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Like other disasters, India also has the dubious distinction of having the
highest number of road accident deaths in the world. According to the
Secretary of Road Transport, Government of India, nearly 105,000 people die
in road accidents every year in India, and it is the highest in the world.12
As can be seen, India has had more than its share of disasters. In the decade
from1990-2000, an average of about 4,344 people lost their lives and about
30 million people were affected by disasters every year. The major natural
disaster in 2008 in India was floods. There were 1,808 deaths in 2008 in India
due to natural disasters, the third largest number of death in any country
(after China and Myanmar). The number of people affected due to natural
disasters in 2008 were 14 million, second highest after China. The loss in
terms of private, community and public assets has been astronomical. 13
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This relief code provides details of the relief to be given by the government
to the affected people.
The India Disaster Report14 provides the nature of disaster response by the
government of India. It identifies key issues with respect to the availability of
and access to disaster-related information and its quality, the absence of
coherent disaster preparedness and response policy, and urgent actions and
interventions needed. It shows that significant advances in health and social
and economic development have been repeatedly interrupted and reversed
by disasters.
INSTITUTIONAL SET UP
India has been following five year national plans, although they are not on a
rolling basis. The earlier five year plans did not mention disaster
management. The Tenth Five-Year Plan 2002-2007 for the first time had a
detailed
chapter
entitled
Disaster
Management:
The
Development
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management has therefore emerged as a high priority for the
country. Going beyond the historical focus on relief and
rehabilitation after the event, there is a need to look ahead
and plan for disaster preparedness and mitigation in order to
ensure that periodic shocks to our development efforts are
minimized.
Disaster management has emerged as a high priority for the country. The
Eleventh Five Year Plan aims at consolidating the process by giving impetus
to projects and programs that develop and nurture the culture of safety and
the integration of disaster prevention and mitigation into the development
process. The guidance and direction to achieve this paradigm shift will need
to flow from National Disaster Management Authority (NDMA), and in the
true spirit of the Disaster Management Act, 2005 to all stakeholders including
State Governments and Union Territories, right up to the Panchyat Raj (local
administration by five locally elected citizens) Institutions. Communities at
large will need to be mobilized to achieve this common objective as they are
the first responders (and not the usually thought fire, ambulance, and
police). Even the best of isolated efforts will not bear fruit unless they are
part of an overall, well-considered approach, and responsibilities of all
stakeholders are clearly spelt out and accountability and sustainability
factored in.
The Government of India has long been thinking of a National Disaster
Management Authority. The Gujarat earthquake gave extra impetus for
having a national disaster management authority. However, the bureaucracy
does take its claims on the time from a decision is taken to the actual action.
The Indian Ocean Tsunami of 2004 really gave a jolt for this decision process.
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NDMA has come out with the national vision statement of:
To build a safer and disaster resilient India by
developing a holistic, pro-active, multi-disaster and
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technology-driven
strategy
management
through
Government
Agencies
for
collective
and
disaster
efforts
of
all
Non-Governmental
Organisations.
NDMA has prepared a disaster management policy framework. The themes
underpinning this policy are:
Community-based disaster management, including integration of the
policy, plans and execution at the grass root level.
Capacity development in all related areas.
Consolidation of past initiatives and best practices.
Cooperation with agencies at national, regional and international
levels.
Compliance and coordination to generate a multi-sectoral synergy.
The objectives guiding the policy formulation have evolved to include:
Promoting a culture of prevention and preparedness by centrestaging disaster management (DM) as an overriding priority at all
levels and at all times.
Encouraging mitigation measures based on state-of-the-art technology
and environmental sustainability.
Mainstreaming DM concerns into the development planning process.
Putting in place a streamlined institutional techno-legal framework in
order to create and preserve the integrity of an enabling regulatory
environment and a compliance regime.
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Developing contemporary forecasting and early warning systems
backed by responsive and fail-safe communications and Information
Technology (IT) support.
Promoting a productive partnership with the Media, NGOs and the
Corporate Sector in the areas of awareness generation and capacity
development.
Ensuring efficient response and relief with a caring humane approach
towards the vulnerable sections of the society.
Making reconstruction an opportunity to build back better and
construct disaster-resilient structures and habitats (NDMA 2009).
A multi-disciplinary, multi-skilled, high-tech National Disaster Response Force
(NDRF) of eight battalions has been set up for dealing with all types of
disasters capable of insertion by air, sea and land. This is a military related
response force. All the battalions are to be equipped and trained for all
natural disasters including four battalions in combating nuclear, biological
and chemical disasters. Each battalion will provide 18 self-contained
specialist search and rescue teams of 45 personnel each including engineers,
technicians, electricians, dog squads and medical/paramedics. The total
strength of each battalion will be approximately 1,158.
These NDRF
battalions are located at nine different locations in the country based on the
vulnerability profile to cut down the response time for their deployment.
During the preparedness period/in a threatening disaster situation, proactive
deployment of these forces will be carried out by the NDMA in consultation
with state authorities.
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National Disaster
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international
organisations,
voluntary
agencies
and
national
management.
Approving disaster management plans developed by the states.
Coordinate enforcement and implementation of the policy and plan,
Arrange for funds and take effective measures for disaster prevention,
mitigation, preparedness and capacity management.
Provide assistance to countries affected by disasters.
Each state has its own disaster management authority, which is chaired by
the chief
Committee, forms
National Disaster
Management Authority
A district disaster management authority has also been established by every
state in each district. The district authority is headed by the district
magistrate.
The local authority trains its officers and employees and maintains the
necessary tools and equipments for relief and rescue operations. It also
ensures that all construction projects
Act, several
institutions and funds at the state and district levels were set up.
National Disaster Response Force, consisting of eight central paramilitary
battalions
National Institute of Disaster Management: responsible for planning and
promoting training and research in the area of disaster management
National Fund for Disaster Response for which the funds are decided by
the central government.This is made available to the NEC, which meets
the expenses towards emergency response, relief and rehabilitation
National Fund for Disaster Mitigation will be directly managed by the
National Disaster Management Authority, and will be used exclusively for
the purpose of mitigation.
The Act requires every ministry or department of the Government of India to
set aside
funds in its annual budget for the activities and programmes set
National Disaster
Management Authority
Government and, unless the rules otherwise provide, the National Authority
shall consist of the following:(a) The Prime Minister of India, who shall be the Chairperson of the National
Authority, ex officio;
(b) Other members, not exceeding nine, to be nominated by the Chairperson
of the National Authority.
The Chairperson of the National Authority may designate one of the
members nominated under clause (b) of sub-section (2) to be the ViceChairperson of the National Authority.
Further the section states that the term of office and conditions of service of
members of the National Authority shall be such as may be prescribed.
Meetings of National Authority is provided under Section 4 which states
that,
(1) The National Authority shall meet as and when necessary and at such
time and place as the Chairperson of the National Authority may think fit.
(2) The Chairperson of the National Authority shall preside over the meetings
of the National Authority.
(3) If for any reason the Chairperson of the National Authority is unable to
attend any meeting of the National Authority, the Vice-Chairperson of the
National Authority shall preside over the meeting.
Section 5 provides for the Appointment of officers and other employees of
the National Authority. It provides that the Central Government shall provide
the National Authority with such officers, consultants and employees, as it
considers necessary for carrying out the functions of the National Authority.
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Section 6 lays down Powers and functions of National Authority.
(1) Subject to the provisions of this Act, the National Authority shall have the
responsibility for laying down the policies, plans and guidelines for disaster
management for ensuring timely and effective response to disaster.
(2) Without prejudice to generality of the provisions contained in sub-section
(1), the National Authority may (a) lay down policies on disaster management;
(b) approve the National Plan;
(c) approve plans prepared by the Ministries or Departments of the
Government of India in accordance with the National Plan;
(d) lay down guidelines to be followed by the State Authorities in
drawing up the State Plan;
(e) lay down guidelines to be followed by the different Ministries or
Departments of the Government of India for the purpose of integrating
the measures for prevention of disaster or the mitigation of its effects
in their development plans and projects;
(f) coordinate the enforcement and implementation of the policy and
plan for disaster management;
(g) recommend provision of funds for the purpose of mitigation;
(h) provide such support to other countries affected by major disasters
as may be determined by the Central Government;
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National Disaster
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(i) take such other measures for the prevention of disaster, or the
mitigation, or preparedness and capacity building for dealing with the
threatening disaster situation or disaster as it may consider necessary;
(j) lay down broad policies and guidelines for the functioning of the
National Institute of Disaster Management.
(3) The Chairperson of the National Authority shall, in the case of emergency,
have power to exercise all or any of the powers of the National Authority but
exercise of such powers shall be subject to ex post facto ratification by the
National Authority.
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National Disaster
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(2) The National Executive Committee shall consist of the following
members, namely:(a) the Secretary to the Government of India in charge of the Ministry or
Department of the Central Government having administrative control of the
disaster management, who shall be Chairperson, ex officio;
(b) the Secretaries to the Government of India in the Ministries or
Departments having administrative control of the agriculture, atomic energy,
defence,
drinking
water
supply,
environment
and
forests,
finance
National Disaster
Management Authority
(3) Any person associated as an expert with any sub-committee may be paid
such allowances as may be prescribed by the Central Government.
Section 10. Powers and functions of National Executive Committee.(1) The National Executive Committee shall assist the National Authority in
the discharge of its functions and have the responsibility for implementing
the policies and plans of the National Authority and ensure the compliance of
directions issued by the Central Government for the purpose of disaster
management in the country.
(2) Without prejudice to the generality of the provisions contained in subsection (1), the National Executive Committee may (a) act as the coordinating and monitoring body for disaster
management;
(b) prepare the National Plan to be approved by the National Authority;
(c) coordinate and monitor the implementation of the National Policy;
(d) lay down guidelines for preparing disaster management plans by
different Ministries or Departments of the Government of India and the
State Authorities;
(e) provide necessary technical assistance to the State Governments
and the State Authorities for preparing their disaster management
plans in accordance with the guidelines laid down by the National
Authority;
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National Disaster
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(f) monitor the implementation of the National Plan and the plans
prepared by the Ministries or Departments of the Government of India;
(g) monitor the implementation of the guidelines laid down by the
National Authority for integrating of measures for prevention of
disasters and mitigation by the Ministries or Departments in their
development plans and projects;
(h) monitor, coordinate and give directions regarding the mitigation
and preparedness measures to be taken by different Ministries or
Departments and agencies of the Government;
(i) evaluate the preparedness at all governmental levels for the
purpose of responding to any threatening disaster situation or disaster
and
give
directions,
where
necessary,
for
enhancing
such
preparedness;
(j) plan and coordinate specialised training programme for disaster
management for different levels of officers, employees and voluntary
rescue workers;
(k) coordinate response in the event of any threatening disaster
situation or disaster;
(l) lay down guidelines for, or give directions to, the concerned
Ministries or Departments of the Government of India, the State
Governments and the State Authorities regarding measures to be
taken by them in response to any threatening disaster situation or
disaster;
(m) require any department or agency of the Government to make
available to the National Authority or State Authorities such men or
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National Disaster
Management Authority
material resources as are available with it for the purposes of
emergency response, rescue and relief;
(n) advise, assist and coordinate the activities of the Ministries or
Departments of the Government of India, State Authorities, statutory
bodies, other governmental or non-governmental organisations and
others engaged in disaster management;
(o) provide necessary technical assistance or give advice to the State
Authorities and District Authorities for carrying out their functions
under this Act;
(p) promote general education and awareness in relation to disaster
management; and
(q) perform such other functions as the National Authority may require
it to perform.
Section 11 National Plan.(1) There shall be drawn up a plan for disaster management for the whole of
the country to be called the National Plan.
(2) The National Plan shall be prepared by the National Executive Committee
having regard to the National Policy and in consultation with the State
Governments and expert bodies or organisations in the field of disaster
management to be approved by the National Authority.
(3) The National Plan shall include(a) measures to be taken for the prevention of disasters, or the
mitigation of their effects;
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National Disaster
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(b) measures to be taken for the integration of mitigation measures in
the development plans;
(c) measures to be taken for preparedness and capacity building to
effectively respond to any threatening disaster situations or disaster;
(d) roles and responsibilities of different Ministries or Departments of
the Government of India in respect of measures specified in clauses
(a), (b) and (c).
(4) The National Plan shall be reviewed and updated annually.
(5) Appropriate provisions shall be made by the Central Government for
financing the measures to be carried out under the National Plan.
(6) Copies of the National Plan referred to in sub-sections (2) and (4) shall be
made available to the Ministries or Departments of the Government of India
and such Ministries or Departments shall draw up their own plans in
accordance with the National Plan.
Section 12. Guidelines for minimum standards of relief.The National Authority shall recommend guidelines for the minimum
standards of relief to be provided to persons affected by disaster, which shall
include,(i) the minimum requirements to be provided in the relief camps in relation
to shelter, food, drinking water, medical cover and sanitation;
(ii) the special provisions to be made for widows and orphans;
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National Disaster
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(iii) ex gratia assistance on account of loss of life as also assistance on
account of damage to houses and for restoration of means of livelihood;
(iv) such other relief as may be necessary.
Section 13. Relief in loan repayment, etc.The National Authority may, in cases of disasters of severe magnitude,
recommend relief in repayment of loans or for grant of fresh loans to the
persons affected by disaster on such concessional terms as may be
appropriate.
There are few miscellaneous provisions in the Act related to the National
Disaster Management Authority. The provisions are as follows:
Section 67 providing for the Direction to medial for communication of
warnings, etc.-The National Authority, the State Authority, or a District
Authority may recommend to the Government to give direction to any
authority or person in control of any audio or audio-visual media or such
other means of communication as may be available to carry any warning or
advisories regarding any threatening disaster situation or disaster, and the
said means of communication and media as designated shall comply with
such direction.
Section 68 stating the Authentication of orders or decisions.-Every order or
decision of the National Authority or the National Executive Committee, the
State Authority, or the State Executive Committee or the District Authority,
shall be authenticated by such officers of the National Authority or the
National Executive Committee or, the State Executive Committee, or the
District Authority, as may be authorised by it in this behalf.
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National Disaster
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Section 70 deals with the Annual report. The section provides that,
(1) The National Authority shall prepare once every year, in such form and at
such time as may be prescribed, an annual report giving a true and full
account of its activities during the previous year and copies thereof shall be
forwarded to the Central Government and that Government shall cause the
same to be laid before both Houses of Parliament within one month of its
receipt.
(2) The State Authority shall prepare once in every year, in such form and at
such time as may be prescribed, an annual report giving a true and full
account of its activities during the previous year and copies thereof shall be
forwarded to the State Government and that Government shall cause the
same to be laid before each House of the State Legislature where it consists
of two Houses, or where such Legislature consists of one House, before that
House.
Section 71 Bar of jurisdiction of court.No court (except the Supreme Court or a High Court) shall have jurisdiction
to entertain any suit or proceeding in respect of anything done, action taken,
orders made, direction, instruction or guidelines issued by the Central
Government, National Authority, State Government, State Authority or
District Authority in pursuance of any power conferred by, or in relation to its
functions, by this Act.
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National Disaster
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DISASTER
MITIGATION
RESOURCE
CENTER
(NDMRC)
The National Disaster Mitigation Resource Center (NDMRC) will be co-located
with the NDRF battalions. These will also serve as repositories for NDMRC
bricks of relief stores for 25,000 affected people, in each of the nine
locations. These will cater to the emergent requirements especially for the
first 72 to 96 hours. At Kolkata and Chandigarh, additional bricks of stores for
50,000 people each will be kept for high altitude areas. These stores will
supplement the reserves maintained by the respective states/UTs. In
addition, these centers will assist in running mock drills and capacity
development programs. During disasters, they will act as facilitators to the
states/UTs in deployment of central resources and provide much needed
additional link to the centre.
National Disaster
Management Authority
At the State level, the SDMA, headed by the Chief Minister, will lay down
policies and plans for DM in the State. It will, inter alia approve the State
Plan in accordance with the guidelines laid down by the NDMA, coordinate
the implementation of the State Plan, recommend provision of
funds for
prepare the District DM plan for the district and monitor the
implementation of the National Policy, the State Policy, the National Plan,
the State Plan and
LOCAL AUTHORITIES
For the purpose of this policy, local authorities would include Panchayati Raj
Institutions (PRI), Municipalities, District and Cantonment Boards and Town
Planning Authorities which control and manage civic services. These bodies
will ensure capacity building of their officers and employees for managing
disasters, carry out relief, rehabilitation and reconstruction activities in the
affected areas and will prepare DM Plans inconsonance with guidelines of the
NDMA, SDMAs and DDMAs. Specific institutional framework for dealing with
disaster management issues in mega cities will be put in place.
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National Disaster
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NATIONAL INSTITUTE OF DISASTER MANAGEMENT (NIDM)
The NIDM, in partnership with other research institutions has
capacity
training,
National Disaster
Management Authority
all the stakeholders identified by the State Governments in their respective
locations. Further, a National Academy will be set up to provide training for
trainers in disaster management and to meet related national and
international commitments.
Experience in major disasters in the last decade has clearly established the
need for pre-positioning of some essential reserves at crucial locations,
including some for the high altitude areas. These reserves are intended to
augment the resources at the State level. Mitigation reserves will be placedat
the disposal of National Disaster Response Force for enhancing their
emergency responding capabilities for assisting the State Governments
during a disaster or disaster like situation.
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National Disaster
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CONCLUSION
Disaster Management is an effort to inquire into the process of a hazard
turning to disaster to identify its causes and rectify the same through public
policy. Therefore disaster management is a policy issue concerned with
minimizing and preventing the damaging impact of a natural or manmade
hazard.
Some of the policy and administrative factors
relevant to disaster
National Disaster
Management Authority
damaging event which is beyond the effective control of human being,
whereas the disaster is the sum total of consequences of natural hazard due
to vulnerability of people or regions subject to hazard.
Thus same natural hazard may produce different amount of disastrous
impact on different group of people or regions. The new approach to disaster
management evolved gradually in 1990s beginning with the declaration of
1990-2000 by UN General Assembly as the International Decade of Natural
Disaster Reduction.
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