Explained: The Disaster Management (Amendment) Bill, 2024 and the Issues Involved

Introduction

• The Disaster Management (Amendment) Bill, 2024, introduced in the Lok Sabha on 1 August 2024, represents a significant update to the existing Disaster Management Act of 2005.
• The amendment aims to enhance India's disaster management framework with a focus on disaster risk reduction (DRR), improved coordination among various authorities, and strengthened urban disaster management.

Key Provisions of the Bill

1. Urban Disaster Management Authorities (UDMAs)
   • Establishment of Urban Disaster Management Authorities (UDMAs) in state capitals and large cities with municipal corporations.
   • UDMAs are tasked with addressing the unique challenges of urban disaster management, especially in areas with dense populations and critical infrastructure.
2. Disaster Database Creation
   • Creation of a comprehensive disaster database at national and state levels.
   • This database will include detailed disaster assessments, fund allocations, and preparedness plans to facilitate informed decision-making and efficient disaster response.
3. Empowerment of NDMA and SDMAs
   • The Bill empowers the National Disaster Management Authority (NDMA) and State Disaster Management Authorities (SDMAs) to take a more active role in disaster planning and response.
   • Responsibilities include preparing disaster management plans and conducting periodic risk assessments, particularly for emerging risks from extreme climate events.
4. State Disaster Response Forces (SDRFs)
   • The Bill permits state governments to establish their own State Disaster Response Forces (SDRFs).
   • These specialised units will decentralise disaster response capabilities, allowing for more effective management of disasters within state jurisdictions.
5. Statutory Status for Committees
   • Existing bodies such as the National Crisis Management Committee (NCMC) and the High-Level Committee (HLC) will receive statutory status.
   • This formalises their roles in managing national-level disasters and overseeing financial assistance during emergencies.

Criticisms and Challenges

1. Centralisation Concerns
   • The Bill grants substantial rule-making and regulatory powers to the central government, particularly the NDMA.
   • Critics argue this centralisation could infringe on state rights and lead to bureaucratic overlaps that might hinder effective disaster management.
2. Resource Allocation Issues
   • Concerns have been raised about the capacity of local authorities, especially in smaller cities, to manage the new responsibilities under UDMAs.
   • The Bill does not adequately address the resource and expertise needs required for these authorities to function effectively.
3. Constitutional and Legal Challenges
   • The Bill faces scrutiny over its constitutionality, as disaster management is not explicitly mentioned in the Constitution's Concurrent List.
   • This raises questions about whether the central government is overstepping its authority by imposing regulations that might traditionally fall under state jurisdiction.
4. Multiplicity of Authorities
   • The creation of new bodies like UDMAs, along with the formalisation of existing committees, has raised concerns about potential bureaucratic overlaps.
   • This could lead to confusion and inefficiencies, complicating coordination and hindering swift disaster response.
5. Role Confusion
   • The Bill’s aim to streamline disaster management could blur the lines of responsibility among various levels of government.
   • This may result in delays in decision-making and action during emergencies.
6. Penalties for Non-Compliance
   • The Bill introduces penalties for obstructing disaster management efforts, including fines up to ₹10,000.
   • However, the criteria for imposing these penalties are not clearly defined, raising concerns about potential misuse or arbitrary enforcement.

Recommendations for Improvement

1. Strengthen Collaboration Between Central and State Governments
   • Establish clear guidelines delineating the roles and responsibilities of central, state, and local authorities to avoid overlapping functions and ensure smooth coordination.
   • Implement a formal consultation mechanism for ongoing dialogue between central and state authorities to account for state-specific needs in disaster management policies.
2. Empower Local Authorities with Resources and Training
   • Ensure that UDMAs and other local bodies have access to adequate resources, including funding, infrastructure, and technology, possibly through the National Disaster Mitigation Fund.
   • Implement comprehensive training and capacity-building programs for local officials, particularly those in UDMAs, to equip them with the expertise needed for effective urban disaster management.
3. Enhance Legal and Constitutional Alignment
   • Conduct a thorough legal review to ensure the Bill aligns with the Constitution, particularly in the division of powers between central and state governments.
   • Consider amending the Concurrent List to explicitly include disaster management, thereby clarifying the legal framework.
4. Promote Community-Based Disaster Risk Reduction
   • Involve local communities in disaster management through awareness campaigns, training programs, and community-driven disaster preparedness plans.
   • Partner with civil society organisations to strengthen community resilience and ensure inclusive disaster management strategies.
5. Focus on Disaster Risk Reduction (DRR) and Sustainable Development
   • Mainstream DRR into broader development planning to ensure that infrastructure and urban development are resilient to disasters.
   • Invest in research and innovative technologies for disaster prediction, early warning systems, and resilient infrastructure to improve preparedness and reduce disaster impacts.
6. Streamline Decision-Making Processes
   • Simplify the structure by ensuring that various authorities and committees created under the Bill have well-defined, non-overlapping mandates.
   • This would help prevent bureaucratic delays and confusion during disaster management operations.

By addressing these concerns, the Disaster Management (Amendment) Bill, 2024 can be refined to enhance disaster preparedness and response in India while maintaining a balance of power between central and state governments.