DM Bill, 2024

The Disaster Management (Amendment) Bill, 2024 was recently introduced in the Lok Sabha to update and strengthen India's disaster management framework, which was originally governed by the Disaster Management Act, 2005. The Bill seeks to incorporate the evolving needs of disaster management, aligning it with recommendations from the 15th Finance Commission, and aims to ensure more efficient, legally enforced relief and preparedness mechanisms.

Key Features of the DM Bill, 2024

Main Objectives:

• Mainstreaming Disaster Management: Integrating disaster management into development plans and making it a core part of policy frameworks rather than just a response mechanism.
• Clarity and Convergence: The Bill aims to better define the roles of various authorities and committees, ensuring seamless coordination between them in disaster management operations.

Enhancements to the Existing Framework:

• Empowering Citizens:
• Moves beyond a "moral obligation" framework, making it legally obligatory for the government to provide timely and effective relief to citizens affected by disasters.
• Citizens will have a legal right to claim certain minimum relief measures.
• Strengthening Existing Authorities:
• NDMA (National Disaster Management Authority), SDMA (State Disaster Management Authority), and DDMA (District Disaster Management Authority) will be further empowered to ensure better disaster preparedness, response, and recovery at all levels.
• The Bill grants statutory status to the National Crisis Management Committee (NCMC) and the High-Level Committee (HLC), reinforcing their leadership roles in disaster response and financial support to states.
• Urban Disaster Management Authority (UDMA):
• The Bill introduces the creation of Urban Disaster Management Authorities (UDMA) specifically for state capitals and large cities with Municipal Corporations. These UDAs will oversee disaster preparedness, risk reduction, and recovery for urban areas, which often face unique challenges in the event of disasters.
• This excludes the union territories of Delhi and Chandigarh.
• State Disaster Response Force (SDRF):
• The Bill formalizes the creation of State Disaster Response Forces (SDRF), modeled on existing successful state-level disaster response mechanisms like those in Odisha and Gujarat.
• SDRFs will function similarly to the National Disaster Response Force (NDRF), providing state-level resources for disaster management.
• National and State Disaster Database:
• A new initiative under the Bill is the establishment of comprehensive disaster databases at both the national and state levels. These databases will help authorities track incidents, responses, and recovery efforts and analyze trends for better future preparedness.

Historical Context:

• The DM Act of 2005 created the foundational structure for disaster management in India by establishing the NDMA, SDMAs, and DDMAs. It also established the National Institute of Disaster Management (NIDM) for disaster-related research, training, and capacity building.
• This was followed by the National Disaster Management Policy in 2009 and the National Disaster Management Plan in 2016, which provided further guidelines for disaster response and preparedness.

Why the Amendment is Important:

As India faces increasingly frequent and severe disasters due to climate change, urbanization, and industrialization, the Disaster Management (Amendment) Bill, 2024 aims to:

• Enhance coordination and clarity among disaster management authorities.
• Ensure that relief measures are not just voluntary or discretionary but legally enforceable, providing citizens with greater protection.
• Strengthen both the national and state-level capabilities in responding to complex and large-scale disasters.

The Bill, if passed, could significantly improve India's disaster resilience, especially in urban areas and states prone to recurring natural disasters.

The Disaster Management (Amendment) Bill, 2024 introduces several key amendments to the Disaster Management Act of 2005, aiming to strengthen disaster risk reduction, preparedness, and response capabilities across India. Below are the major amendments proposed in the Bill:

1. Expanded Definition of Disaster Management

• New Scope: The definition of disaster management now explicitly includes Disaster Risk Reduction (DRR) by:
• Reducing exposure to hazards.
• Decreasing vulnerability of people, property, infrastructure, and ecosystems.
• Enhancing preparedness, resilience, and response capacity.

2. Preparation of Disaster Management Plans

• Current DM Act: The National Executive Committee (NEC) and State Executive Committees (SEC) are responsible for preparing the national and state disaster management plans, which are then approved by the NDMA and SDMA.
• Proposed Change: Under the new Bill:
• NDMA and SDMA will now be directly responsible for preparing disaster management plans.
• The National Plan must be reviewed every three years and updated at least once every five years to remain relevant and adaptable to emerging risks.

3. Expanded Functions of NDMA and SDMA

• Current Functions under DM Act:
• Reviewing disaster management plans of government departments.
• Setting guidelines for the preparation of disaster management plans for subordinate authorities.
• Recommending the provision of funds for disaster mitigation.
• New Functions Added by the Bill:
• Risk Monitoring: Taking periodic stock of disaster risks, including emerging threats from extreme climate events.
• Technical Assistance: Providing technical support and guidelines for minimum standards of relief to subordinate authorities.
• Compensation: NDMA will now recommend compensation amounts for loss of life, damage to homes and property, and loss of livelihoods.
• Disaster Databases: Creating national and state-level disaster databases with information on:
• Types and severity of disaster risks.
• Fund allocation and expenditure.
• Disaster preparedness and mitigation plans.
• Preparedness Audits: Assessing disaster preparedness of states and conducting post-disaster audits of state preparedness and response efforts.

4. Urban Disaster Management Authorities (UDMA)

• Creation of UDMA: State governments will constitute Urban Disaster Management Authorities for state capitals and large cities with Municipal Corporations.
• Structure:
• Municipal Commissioner as Chairperson.
• District Collector as Vice Chairperson.
• Role: UDMA will be responsible for preparing and implementing disaster management plans for urban areas, which often face unique disaster risks like floods, earthquakes, and industrial accidents.

5. State Disaster Response Force (SDRF)

• New Provision: The Bill empowers state governments to constitute State Disaster Response Forces (SDRF) to respond to local disasters. States like Odisha and Gujarat already have such mechanisms in place.
• Functions: SDRF will be a state-level counterpart to the National Disaster Response Force (NDRF) and will function similarly, providing trained personnel and resources for disaster response.
• Service Terms: The state government will define SDRF’s functions and prescribe the terms of service for its members.

6. Statutory Status to Pre-existing Committees

• National Crisis Management Committee (NCMC):
• Chaired by the Cabinet Secretary, the NCMC will act as the nodal body for managing major disasters with national implications.
• High-Level Committee (HLC):
• The HLC will be responsible for providing financial assistance to state governments during disasters through the National Disaster Mitigation Fund.
• Chaired by the minister in charge of the department overseeing disaster management.

7. Enhanced Role of NDMA

• Current Role: Under the original Act, the central government provided the NDMA with officers, consultants, and employees as deemed necessary.
• New Powers:
• The NDMA will now have the authority to determine the number and categories of officers and employees required, subject to approval from the central government.
• The NDMA will also be able to appoint experts and consultants to support its expanded functions and responsibilities.

Significance

• Enhanced Disaster Preparedness:
• The creation of a national and state disaster database will provide real-time data on disaster risks and preparedness levels. This will lead to more informed and timely decision-making during disasters, improving overall disaster response efficiency.
• Focus on Emerging Threats:
• The Bill highlights the need to address climate change-induced disasters, recognizing the growing frequency and severity of natural disasters linked to environmental changes, and ensuring preparedness for future risks.
• Strengthened Local Governance:
• The establishment of Urban Disaster Management Authorities (UDMA) will enhance disaster management at the local level, especially in large urban areas, improving the ability of municipalities to address disaster risks specific to urban settings.
• Improved Disaster Response:
• The constitution of State Disaster Response Forces (SDRF) will bolster state-level capacity for immediate disaster response, giving states a dedicated mechanism similar to the National Disaster Response Force (NDRF).
• Better Coordination Among Authorities:
• Granting statutory status to the National Crisis Management Committee (NCMC) and High-Level Committee (HLC) will improve coordination between central and state authorities, reducing delays and confusion during national-level disasters.

Concerns Raised

• Over-Centralization:
• The increased powers granted to the NDMA may centralize disaster management efforts, potentially limiting the role and autonomy of local governments. Critics argue that disaster management is most effective when localized, as local authorities are often the first responders.
• Constitutional Scrutiny: Disaster management is not explicitly mentioned in the Concurrent List of the Constitution, which raises concerns about the constitutionality of centralized control in this area.
• Limited Focus on Community-Based Approaches:
• The Bill does not emphasize community-based disaster management approaches, which are crucial in many disaster-prone areas where local knowledge and grassroots initiatives can significantly enhance disaster preparedness and response.
• Financial Resources:
• The effective implementation of the Bill will require significant financial resources, particularly for the establishment of SDRF, Urban Disaster Management Authorities, and the creation of comprehensive databases. There are concerns over whether sufficient funds will be allocated, especially given existing financial constraints at both central and state levels.
• Implementation Challenges:
• States with limited resources may face difficulties in establishing and operating SDRFs and maintaining disaster databases. Coordination between national and state authorities, as well as the timely implementation of new measures, could present significant challenges, particularly in resource-strapped regions.
• Possible Bureaucratic Delays:
• The Bill introduces new committees and authorities, which may lead to bureaucratic hurdles such as overlapping responsibilities, jurisdictional conflicts, and coordination challenges between agencies. This could delay critical rescue and relief work during disasters.
• Privacy and Data Security:
• The creation of extensive national and state-level disaster databases raises concerns about privacy and data security, especially if sensitive information regarding individuals, properties, or infrastructure is not adequately protected.
• Lack of Political and Administrative Strength in NDMA:
• The NDMA lacks a vice-chairperson, which has been seen as depriving the organization of the political influence needed to effectively coordinate with states and central government agencies. Additionally, the NDMA has not been granted sufficient administrative autonomy, which could limit its ability to take decisive actions.

comparison between the Disaster Management (DM) Act of 2005 and the DM (Amendment) Bill of 2024, highlighting the key changes:

Key Differences:

• Preparation of DM Plans: Shifts the responsibility of preparing DM plans from executive committees to the NDMA and SDMA, ensuring more centralized control over planning.
• Expanded Functions: NDMA and SDMA now have a wider scope of responsibilities, including taking stock of disaster risks and preparing comprehensive disaster databases.
• State-Level Involvement: The Bill empowers state governments to form their own disaster response forces and urban disaster management authorities, giving them more autonomy in localized disaster management.
• New Statutory Bodies: The Bill provides statutory status to the NCMC and HLC, ensuring that these committees have a formal role in managing disasters and providing financial support.

The Disaster Management Act of 2005 was a landmark legislation enacted in response to the devastating 2004 tsunami. It laid the foundation for a structured disaster management framework across India. Here's an overview of the key components of the Act:

Key Features of the DM Act, 2005

• Enactment Context:
• The Act was passed after the 2004 tsunami highlighted the need for a comprehensive disaster management system in India.
• Establishment of Authorities:
  The Act created a three-tier disaster management structure:
• National Disaster Management Authority (NDMA):
• Headed by the Prime Minister.
• Responsible for formulating disaster management policies, guidelines, and plans at the national level.
• State Disaster Management Authorities (SDMAs):
• Headed by the Chief Ministers.
• Focused on disaster management strategies for respective states.
• District Disaster Management Authorities (DDMAs):
• Led by the District Magistrates.
• Tasked with the implementation of disaster management plans at the district level.
• Preparation of Disaster Management Plans:
• The Act mandates disaster management plans to be prepared at national, state, and district levels, ensuring coordinated efforts across all levels of government.
• National Disaster Response Force (NDRF):
• The Act established the NDRF, a specialized force trained for search and rescue operations, medical aid, and relief distribution during disasters.
• Funding Mechanisms:
• It provided for the creation of two funds:
• National Disaster Response Fund (NDRF): To finance relief operations at the national level.
• State Disaster Response Funds (SDRF): To support disaster response and recovery efforts at the state level.
• National Institute of Disaster Management (NIDM):
• The NIDM was established for research, training, awareness, and capacity building related to disaster management.