DAMODAR

AM

SANJIVAYYA NATIONAL LAW UNIVERSITY,

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

DISASTER MANAGEMENT

SUBJECT

SOCIOLOGY

NAME OF THE FACULTY

PROF. M. LAKSHMIPATHI RAJU

STUDENT DETAILS

RAHUL KANTH

19LLB024

SEMESTER 1

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 ACKNOWLEDGEMENT

I would sincerely like to put forward my heartfelt appreciation to SOCIOLOGY faculty

PROF. M. LAKSHMIPATHI RAJU Garu, for giving this me this golden opportunity to
take up this project regarding “DISASTER MANAGEMENT”. I have tried my best to
collect information about the project in various possible ways to depict a clear picture of the
given project topic.

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TABLE OF CONTENTS: -

1. DISASTER 4
2. DISASTER MANAGEMENT ACT, 2005 5
3. TYPES OF DISASTER 6
4. CAUSES OF DISASTER 6
5. CONSEQUENCES OF DISASTER 7
6. DISASTER MANAGEMENT 8
7. SECTIONAL PHASES OF DISASTER MANAGEMENT 10
8. GOALS OF DISASTER MANAGEMENT 11
9. DISASTER MANAGEMENT CYCLE 12
9.1. SUSTAINABLE DEVELOPMENT 13
9.2 HUMANITARIAN ACTION 14
10. LEGISLATIONS ON DISASETR MANAGEMENT 16

10.1. LEGAL FRAMEWORK 18

10.2. CONSTITUTIONAL PROVISIONS 20

10.3. COMMON LAW PROVISIONS 22

10.4. STATUTORY LAWS 24

10.4.1. ACTS, POLICIES, RULES AND REGULATIONS 25

11. DISASTER MANAGEMENT ACT, 2002 27

12. CASE LAWS ON DISASTER MANAGEMENT 31

13. CONCLUSION 34

14. BIBLIOGRAPHY 35

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TITLE OF THE PROJECT: DISASTER MANAGEMENT

ABSTRACT

INTRODUCTION:

A disaster is a sudden, calamitous event that disrupts the functioning of a community

or society and causes human, material, and economic or environmental losses. Disaster
management can be defined as uniform organizing and management of resources and
responsibilities for dealing with all humanitarian aspects of emergencies, in particular
preparedness, response and recovery in order to lessen the after effects of a disaster. Disasters
are mainly of three types, namely natural disasters, artificial or man-made disasters and
technological disasters.

Research problem : Disaster management.

Research design/research methodology : Research method followed is doctrinal.

Identification of variables-

 Dependent variable : Disasters.

 Independent variable : Administrative management for
welfare

Hypothesis : Elaborating disaster management-aspects

Collection of data : From journals, books, and web sources.

Type of study : Descriptive and exploratory study.

Analysis of data : Data presented in the research will be

analyzed through tables, percentages, pie

charts and so on.

Findings of the study : the results of the research are declared

from analysis.

Conclusions and suggestions : Based on the findings and analysis,

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 conclusions are made.

Recommendations : on the basis of conclusions and

suggestions, recommendations are made

in this research.

DISASTER:

A disaster is a sudden, catastrophic event that seriously interrupts the functioning of a

community or society and causes human, material, and economic or environmental losses that
exceed the community’s or society’s ability to handle using its own resources. Though often
caused by nature, disasters can have human origin.

“A disaster occurs when a mishap impacts on vulnerable people.”

The combination of dangers, susceptibility and inability to reduce the possible

negative consequences of risk results in disaster.

A natural hazard is an atmospheric or hydrological and geophysical, event (e.g., Flood

or Drought, Earthquake, Tsunami, Landslide, Windstorm and so on) that has the potential to
cause harm or loss, however a natural disaster is the occurrence of an extreme hazardous
event that impacts on communities causing damage, disruption and casualties, and leaving the
affected communities unable to function normally without outside assistance.1

According to Disaster Management Act, 2005, a disaster can be explained as follows:2

“Catastrophe, mishap, calamity or grave occurrence in any area, arising from

natural or man-made causes, leading to accident, and resulting in substantial loss of
life or human suffering or damage to, and destruction of property, or damage to, or
degradation of environment, and is of such a nature and/or magnitude as to be beyond
the coping capacity of the community of the affected area.
1
www.encyclopediabrittanica.com
2
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Disaster Management Act 2005, India

According to the Centre for Research on the Epidemiology of Disasters (2013) annual
disaster statistics review, 357 natural disasters occurred worldwide in the year 2012, which
was less than the average natural disaster frequency from 2002 to 2011(394). 9,655 people
were killed in 2012 by natural disasters and 124.5 million people were affected globally.
Hydro-meteorological disasters accounted for 74% (US$2.6 trillion) of total reported losses,
87% (18,200) of total disaster events, and 61% (1.4 million) of total lives lost. From 1980 to
2012, disaster-related losses amounted to US$3,800 billion worldwide. Some 87% of these
reported disasters (18,200 events), 74% of losses (US$2,800 billion (Munich Re 2013). The
economic damages from natural disasters in 2012 were estimated at US$ 157 billion.3

TYPES OF DISASTER:

1. Natural disaster - cyclones, hurricanes, tornadoes, earthquake, floods,

volcanoes, tsunamis and so on.
2. Technological disaster- chemical releases, gas explosions, power outages
and circuit fires etc.
3. Man- made disaster - terror attacks, riots, mass shootings etc.

CAUSES OF DISASTERS:

There are different types on natural disasters and depending on different types of
disasters the causes are also different. For example, the causes of earthquake cannot be same
as that of forest fire. Natural disasters are caused due to different reasons like soil erosion,
seismic activity, tectonic movements, air pressure, and ocean currents etc. natural disaster is
not a new phenomenon these natural events have occurred since the earth began forming and
continue to cause serious damage and loss of life all over the globe from many years. The
root causes of most of the natural disasters that occur on earth can be attributed to the
imbalance created in our environment. This imbalance may either be in the form of air
pollution, noise pollution or water pollution and the collective effect of these imbalances are
also one of the few reasons for natural disaster. Though it also a fact that we cannot blame
anyone because this is just one of the few reasons. Natural disasters like earthquake, floods
etc have also occurred in past era when human was far away from modernization. So, it

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Centre for Research on the Epidemiology of Disasters-Annual Disaster Statistics Review,2013

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would not be fair enough to blame modernization for the same. Natural Disasters are a set of
naturally occurring events which can directly or indirectly cause severe threats to human
health and well-being and adversely affects the human life for quite some time. It has been
witnessed that the natural disasters have their root causes in the normal activities of the earth.
However, during past few years, we have witnessed some rapid modernization and growth,
man's increased knowledge and technology has served to trigger for some natural disasters.
Flooding and erosion can occur is really prone to the areas where mining, deforestation, and
manufacturing have taken place. Global warming, which could eventually affect the ocean
currents, has its roots in modern man's overuse of fossil fuels. Earthquakes resulting as a
result of tectonic movements and movements of plates inside the earth’s crust can also be
triggered by drilling, bombing, mining, and construction.

CONSEQUENCES OF DISASTERS:

It has been estimated that rapidly growing modernization is leading to ignorance

towards the environment. Today we are growing at rapid rate neglecting the harm that we are
causing to our environment. Environmental bylaws are being neglected for personal gains by
few businessmen. The dual forces of global warming as well as poor human management in
the field of land and water resources combine to the cause of natural disasters. Humans have
created a situation where ordinary events like earthquakes and hurricanes become
increasingly elevated to the level of natural disasters which results in heavy losses in the
terms of human life as well as property. Scientists researching on this topic from past many
years have found that the increase in hydrometeorological disasters can be attributed to a
combination of natural and human-caused factors. The main problem is global warming
which is increasing the temperatures of Earth's oceans and atmosphere, leading to more
intense storms of all types, including hurricanes and floods due to melting of these oceans.
Unplanned urbanization is at its peak, no one is really caring about the environmental risks
and everyone is busy making money. There are a lot of constructions coming up in flood-
prone regions which has increasing the likelihood that their towns and villages will be
affected by flash floods and coastal floods. A recent flood in Uttarakhand is one such
example. Human greed is increasing day by day and people are not at all hesitant in ignoring
the environmental laws and result is the destruction. In one way or the other we are
hampering our environment; the rapidly growing industrialization has led to a lot of air as
well as water pollution. Though there are environmental laws that these industries need to
follow to treat the waste before disposing off into environment but most of the times the

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industry owners neglect these laws for their personal gain and even authorities are also quite
relaxed and do not take a prompt action against the culprits. Rapid construction has led to
large land areas being covered with cement, which means that the flow of water becomes
very strong, and the runoff from the water can't get absorbed by the soil anymore, so it keeps
collecting and rushing down, getting heavier and faster, which may ultimately lead to much
bigger floods. It is not that everyone is being ignorant in the race to be the best. There are
also a lot of people who really cares about the environment and are really serious about
taking up the matter at larger scale. There are many societies and group of people who are
working in the field of environmental awareness and are working day and night out to make
people aware of the harmful effects of the pollution and other practices that are harmful for
our environment. Several NGO’s are taking up the issue of pollution and global warming
publicly by taking out rallies and organizing various campaigns to save environment and such
initiatives need to be appreciated.

DISASTER MANAGEMENT:

Disaster management can be defined as the organisation and management of

resources and responsibilities for dealing with all humanitarian aspects of emergencies, in
particular, preparedness, response and recovery in order to lessen the impact of disasters. The
fore mentioned factors tend to play a role in not turning a hazard or mishap into a disaster.
With an effective implementation of predetermined steps, a hazard cannot be prevented, but
can reduce the harmful after-effects such as loss of property and life can be reduced.

The efficient mode of disaster management can be structured as follows-4

 Planning of various steps to reduce the aftermath of a disaster.

 Planning effective response system.
 Planning rehabilitation.
 Planning disaster resilient communities.

Disaster management can be widely categorised into three steps:

1. Pre-disaster management:

 Related to rescue even before any possible disaster arises and it

mainly emphasises on the avoidance of human loss.

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  It includes development of informational technology;
deployment of resource for necessary action, assessment of
disaster and giving away a warning to people through media,
radio etc., transportation of danger-prone people to a safe-place
and so on.

2. Management during disaster:

 The process of quick action and help of the victims of

danger-prone areas and transportation to safe-place.
 Providing food, clothing, shelter and health facilities in
a hygienic way.

3. Post-disaster management:

 Redevelopment and reconstruction of affected areas.

 Administrative body is bound to help affected people by
providing them with employment or compensation.

SECTIONAL PHASES OF DISASTER MANAGEMENT:

The four effective phases of disaster management can be stated as follows:5

1) Mitigation:

Emphasis :  Minimizing the effects of disaster.

This phase includes any activities that prevent a hazard

turning into a disaster, reduce the harmful effects of obvious
hazards on to the result, it being human or property loss. Mitigation
activities should be considered long before any disaster.

For example, to avoid fire in a home, follow safety

standards in selecting building materials, wiring, and appliances.
But if, an accident involving fire happened, to protect the property,
either human or economic ones, from the getting effected after a

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 fire, one should buy a fire insurance. These actions reduce the
danger and damaging effects of fire.

2) Preparedness:

Emphasis : Planning how to respond with a past

experience and viewing a solution in a new perspective.

This phase includes developing plans for what to do, where to

go, or who to call for help before a mishap occurs; actions that will
improve your chances of successfully reducing the effects. For
example, posting emergency telephone numbers, knowing disaster
drills, and mounting smoke detectors are all preparedness measures
that are to be taken.

3) Response:

Emphasis :  Efforts to lessen the perils created by a disaster.

The safety and welfare in a hazardous event depend on how

prepared and the response to a crisis by disaster management body. By
being able to act responsibly and safely, the human and property loss
cannot be fully be avoided but can be reduced in its parameters.
Taking cover and holding tight in an earthquake or moving to the
basement with essentials in case of a cyclone. These actions can save
lives.

4) Recovery or rehabilitative phase:

Emphasis : Returning the community to its normal state or

previous condition.

After a disaster and once the immediate danger is over, the

management body should ensure safety and well-being of the affected.
It will depend on the ability to cope with rearranging or rehabilitating
the life and environment. During the recovery period, one must take
care of the affected, to prevent stress-related illnesses and excessive

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 financial burdens. During recovery, one should also consider things to
do that would lessen (mitigate) the effects of future disasters.

GOALS OF DISASTER MANAGEMENT:

(1) Reduce, or avoid, losses from hazards;

(2) Assure prompt assistance to victims;

(3) Achieve rapid and effective recovery;

(4) Reduction of vulnerability or prevention of disasters in the future onset.

In a descriptive manner, disaster management aims to reduce, or avoid, the

possible losses from hazards, assure rapid and appropriate support to victims of
disaster, and achieve rapid and effective recovery.

DISASTER MANAGEMENT CYCLE:

The Disaster management cycle illustrates the ongoing process by which

governments, businesses, and civil society plan for and reduce the impact of disasters, react
during and immediately following a disaster, and take steps to recover after a disaster has
occurred. Appropriate actions at all points in the cycle lead to greater preparedness, better
warnings, reduced vulnerability or the prevention of disasters during the next iteration of the
cycle. The complete disaster management cycle includes the shaping of public policies and
plans that either modify the causes of disasters or mitigate their effects on people, property,
and infrastructure. 6

The mitigation and preparedness phases occur as disaster management improvements

are made in anticipation of a disaster event. Developmental considerations play a key role in
contributing to the mitigation and preparation of a community to effectively confront a
disaster. As a disaster occurs, disaster management actors, in particular humanitarian
organizations or NGO’s, become involved in the immediate response and long-term recovery
phases. The four disaster management phases illustrated here do not always, or even

6
An excerpt from “annual disaster management report” by National Disaster Management Framework.

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generally, occur in isolation or in this precise order. Often phases of the cycle overlap and the
length of each phase greatly depends on the severity of the disaster.

Sustainable Development

Developmental considerations contribute to all aspects of the disaster management

cycle. One of the main goals of disaster management, and one of its strongest links with
development, is the promotion of sustainable livelihoods and their protection and recovery
during disasters and emergencies.7 Where this goal is achieved, people have a greater
capacity to deal with disasters and their recovery is more rapid and long lasting. In a
development-oriented disaster management approach, the objectives are to reduce hazards,
prevent disasters, and prepare for emergencies. Therefore, developmental considerations are
strongly represented in the mitigation and preparedness phases of the disaster management
cycle. Inappropriate development processes can lead to increased vulnerability to disasters
and loss of preparedness for emergency situations.

(1) Mitigation:

Mitigation activities actually eliminate or reduce the probability of disaster

occurrence, or reduce the effects of unavoidable disasters. Mitigation measures include
building codes; vulnerability analyses updates; zoning and land use management; building
use regulations and safety codes; preventive health care; and public education.

Mitigation will depend on the incorporation of appropriate measures in national and regional
development planning. Its effectiveness will also depend on the availability of information on
hazards, emergency risks, and the countermeasures to be taken. The mitigation phase, and
indeed the whole disaster management cycle, includes the shaping of public policies and
plans that either modify the causes of disasters or mitigate their effects on people, property,
and infrastructure.

(2) Preparedness:

The goal of emergency preparedness programs is to achieve a satisfactory level of

readiness to respond to any emergency situation through programs that strengthen the
technical and managerial capacity of governments, organizations, and communities. These

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measures can be described as logistical readiness to deal with disasters and can be enhanced
by having response mechanisms and procedures, rehearsals, developing long-term and short-
term strategies, public education and building early warning systems. Preparedness can also
take the form of ensuring that strategic reserves of food, equipment, water, medicines and
other essentials are maintained in cases of national or local catastrophes.

During the preparedness phase, governments, organizations, and individuals develop plans to
save lives, minimize disaster damage, and enhance disaster response operations. Preparedness
measures include preparedness plans; emergency exercises/training; warning systems;
emergency communications systems; evacuation planning and training; resource inventories;
emergency personnel or contact lists; mutual aid agreements; and public
information/education. As with mitigations efforts, preparedness actions depend on the
incorporation of appropriate measures in national and regional development plans. In
addition, their effectiveness depends on the availability of information on hazards, emergency
risks and the countermeasures to be taken, and on the degree to which government agencies,
non-governmental organizations and the general public are able to make use of this
information.

Humanitarian Action

During a disaster, humanitarian agencies are often called upon to deal with immediate
response and recovery. To be able to respond effectively, these agencies must have
experienced leaders, trained personnel, adequate transport and logistic support, appropriate
communications, and guidelines for working in emergencies. If the necessary preparations
have not been made, the humanitarian agencies will not be able to meet the immediate needs
of the people.

(3) Response:

The aim of emergency response is to provide immediate assistance to maintain life, improve
health and support the morale of the affected population. Such assistance may range from
providing specific but limited aid, such as assisting refugees with transport, temporary
shelter, and food, to establishing semi-permanent settlement in camps and other locations. It

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also may involve initial repairs to damaged infrastructure. The focus in the response phase is
on meeting the basic needs of the people until more permanent and sustainable solutions can
be found. Humanitarian organizations are often strongly present in this phase of the disaster
management cycle.

(4) Recovery:

As the emergency is brought under control, the affected population is capable of undertaking
a growing number of activities aimed at restoring their lives and the infrastructure that
supports them. There is no distinct point at which immediate relief changes into recovery and
then into long-term sustainable development. There will be many opportunities during the
recovery period to enhance prevention and increase preparedness, thus reducing vulnerability.
Ideally, there should be a smooth transition from recovery to on-going development.

Recovery activities continue until all systems return to normal or better. Recovery measures,
both short and long term, include returning vital life-support systems to minimum operating
standards; temporary housing; public information; health and safety education;
reconstruction; counselling programs; and economic impact studies. Information resources
and services include data collection related to rebuilding, and documentation of lessons
learned.

LEGISLATIONS ON DISASTER MANAGEMENT

India happens to be one of those most disaster-prone countries in the world that are
fairly deficient on having a comprehensive constitutional-legal framework of disaster
management. Interestingly, for obvious reasons, management of successive devastating
disasters, till recently, has predominantly been based on discretionary trial and error approach
of disaster managers in the absence of any specific constitutional stipulation or dedicated
statutory enactment on the subject. In other words, owing to lack of categorical
constitutional-legal stipulations, the issue of disaster management was conjecturally decided
on the basis of its operational dynamics. 8Thus, for a long time, disaster management was
supposed to fall within the exclusive legislative competence of the states with the central
government having no or very limited say in the matter. Clearly, this resulted in a situation
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where different states evolved differing, and sometimes contradictory, policies and followed
haphazard approaches on managing disasters despite commonality of causes and impacts of
such disasters on the lives and assets of the people. Moreover, quite a large number of states
thought it fit to continue with the relief-centric colonial policy without any innovation or
improvisation in the policy of disaster management. In these circumstances, a subject of
national importance with far reaching implications for the life and livelihood of the people,
on the one hand, and sustainable economic development of the country, on the other,
apparently fell to extreme apathy of the central government, and the states relegated the
subject to utter insignificance presumably due to lack of any political mileage being drawn
from it. The only avenue where states could not do without involvement of the central
government has been financing of disaster management operations for which centre has been
providing both plan as well as non-plan grants to states from time to time. But on other
aspects of management of disasters, role of the central government had been bare minimum
despite the colossal magnitude of a disaster or the inability of a state government to manage
such disasters efficiently and effectively.

LEGAL FRAMEWORK:

As Neil R. Britton points out, “Policy, legal and institutional arrangements form the
foundation for any society’s approach to disaster management. Policies are based on
information reviews that are drawn on to establish appropriate courses of action; legislation
identifies explicit decisions about how a particular policy will be conducted and legitimizes
those actions; and institutional arrangements identify specific agencies and their relationships
for carrying out the missions and duties associated with the policy. Within this triad, the laws
that codify legislation are extremely important because they furnish an immutable ‘bottom
line’ on subsequent courses of action.” Therefore, it became of utmost significance in
different countries, particularly the federal countries, to evolve a fine legal framework for
management of disasters.

Conceptually, legal arrangements refer to the “framework of laws, executive orders,

and other legal instruments that set the ground rules for governmental and non-governmental
activities related to disaster mitigation and management. Legal arrangements define
authorities, responsibilities, and role of officials and organizations as they relate to disaster
management. The legal framework is comprised of statutes, and executive acts/orders and
implementing regulations that establish legal authority for programmes and organisations that

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relate to hazards, risk, and risk management. These laws may dictate - or encourage –
policies, practices, processes, the assignment of authorities and responsibilities to individuals
and/or institutions, and the creation of institutions or mechanisms for coordination or
collaborative action among institutions.”

Amid such an undesirable state of affairs, two significant developments induced the
move to reshuffle the matrix of disaster management, and help in evolving a sound legal
framework on the subject. One, the declaration by the United Nations General Assembly to
observe the decade of 1990s as the International Decade for Natural Disaster Reduction
(IDNDR) initiated a mammoth global campaign towards mainstreaming natural disasters in
the broad socio-economic development strategy of the countries. 9 Being an ardent adherent to
the United Nations (UN) policies and programmes, India could not resist joining the global
move for prioritizing disaster administrative framework for fail proof management of
disasters. Two, the dawn of the new millennium in India was marked by a series of
catastrophic natural disasters such as the Gujarat earthquake, 2001 and the Indian Ocean
Tsunami, 2004. Leaving behind them a sorry trail of massive death and destruction, these
disasters also exposed the inherent chinks and inadequacies of the concerned state
governments to effectively manage the disasters of such a magnitude. Subsequently, the focus
of attention was turned towards the Central Government with a call for its active involvement
in evolving a comprehensive national legal framework for disaster management, along with
creation of a dedicated federal agency to guide and coordinate the disaster management
operations undertaken by states in times of calamitous events.
Under these pressing circumstances, the central government, which had already set up
a High-Powered Committee (HPC) on disaster management in 1999 to commemorate the
conclusion of the IDNDR, started the process of drafting a federal law on the subject.
Eventually, on a subject that has been argued to be within the exclusive legislative
jurisdiction of the states, Parliament enacted the Disaster Management Act in 2005 that
presently constitutes the core of legal framework of disaster management in the country. In
the following paragraphs, an attempt has been made to read between the lines of the
constitutional provisions, along with a critical analysis of the provisions of the Disaster
Management Act, 2005 to figure out the constitutional legal framework of disaster
management in India.10
9
An excerpt from the UN Disaster Management Report by UNEP.
10
Report of the Committee was submitted in 2001. See, Government of India, The Report of High-Powered
Committee on Disaster Management, (Chairman: J. C. Pant), New Delhi: National Centre for Disaster

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 The principles set out in the Hyogo Framework are acknowledged by the UN-ISDR,
which defines ten opportunities for environment in the context of disaster prevention or
reduction (UNEP, 2010): 11

o Engage environmental managers fully in national disaster risk management

mechanisms;

o Include risk reduction criteria in environmental regulatory frameworks;

o Assess environmental change as a parameter of risk;

o Utilize local knowledge in community-based disaster risk management;

o Engage the scientific community to promote environmental research and

innovation;

o Protect and value ecosystem services;

o Consider environmental technologies and designs for structural defences;

o Integrate environmental and disaster risk considerations in spatial planning;

o Prepare for environmental emergencies; and

o Strengthen capacities for environmental recovery.

CONSTITUTIONAL PROVISIONS:

Constitution of India does not have any explicit provision on the subject of disaster
management. Despite being one of the world’s lengthiest constitutions, the non-inclusion of
disaster management in the constitution may probably be explained by two (2) interrelated
reasons. Firstly, being the supreme law of the land, a constitution is usually a body of basic
laws to outline the fundamental contours of a polity with elaborate provisions on fundamental
rights and indicative division of legislative, administrative and financial competencies of
different strata of governments. So, in such a scheme of things, the operative subjects like
Management, Indian Institute of Public Administration, 2001.
11
An excerpt from the UN Disaster Management Report by UNEP.

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disaster management is not supposed to figure in the constitutional provision as they are left
to the prudence and wisdom of the government of the day to evolve appropriate policy and
administrative framework to deal with the issue in hand. Secondly, and more importantly, at
the time of framing the constitution, disaster management was not considered such a
significant subject as to merit the attention of the constitution makers, and find a place in the
provisions of the constitution. However, in the course of time with the subject gaining
significance in the governance paradigm of the country, questions began to be raised on the
appropriate legislative locale of the subject in order to not only bestow the responsibility for
evolving suitable policy and creating an effective administrative apparatus for carrying out
the disaster management activities but also to ensure accountability for proper management
of disasters.

As a subject of legislative competence, disaster management may, thus, impliedly be taken to

be part of the provisions of art. 248 dealing with residuary power of legislation. By providing
that parliament has exclusive power to make any law with respect to any matter not
enumerated in the concurrent list or state list, art. 248 extends its jurisdiction to the subject of
disaster management in view of the fact that that subject does not find mention in any of the
list given in the seventh schedule of the Constitution. As far as constitutional provisions are
concerned, entry - 56 of list - I (Union List) envisages legislative power of the Central
Government over ‘regulation and development of inter-state rivers and river valleys to the
extent to which such regulation and development under the control of the union is declared
by Parliament by law to be expedient in the public interest.’ As regards the competence of
state governments, entry - 17 of list - II (state list) provides that states can legislate on the
subjects of ‘water, that is to say, water supplies, irrigation and canals, drainage and
embankments, water storage and water power subject to the provisions of entry - 56 of List -
I.’12 On the conjoined reading of these provisions, two broad conclusions may be drawn
regarding their implications for disaster management. One, these constitutional provisions
pertain exclusively to water that arguably may have impact on only certain specific natural
disasters such as flood and drought.

Insofar as other manmade disasters like industrial accidents, and natural disasters like
earthquake, cyclones, landslides, avalanches etc., are concerned, these provisions are silent
and therefore irrelevant for them. Two, even with respect to the water-related natural

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disasters, the constitutional scheme of things is decisively weighed in favour of the central
government as the provisions of entry - 17 of list - II are made subject to the overriding
provisions of entry - 56 of list - I. In other words, the state’s competence to make laws on
water and related issues is confined only to their territorial jurisdiction beyond which it is the
other state or the Central Government that can make laws. Interestingly, while enacting the
Disaster Management Act, 2005, the Central government invoked the provisions under entry
23, namely, “Social Security and Social Insurance-Employment and Unemployment” in the
concurrent list to draw constitutional competence to pass the legislation.

COMMON LAW PROVISIONS:

The Common law continues to be in force in India under Art. 372 of the constitution
so far and is not yet altered, modified or repealed by statutory laws. Under the Common Law,
an action might lie for causing pollution of environment, viz., air, water, or noise if it would
amount to private or public nuisance. The common law remedies against environmental
pollution are available under the “Law of Torts”. Tort is a civil wrong other than a breach of
trust or contract. The most important tort liabilities for environmental pollution are under the
heads of nuisance, trespass, negligence and strict-liability. The Indian Penal Code formulated
by the British during the British-Raj in 1860, forms the backbone of criminal law in India.
The Code of Criminal Procedure, 1973 governs the procedural aspects of the criminal law.
Indian Penal Code (I.P.C.), 1860 makes various acts affecting environment as offences
(Chapter XIV, section 268 and 294 A). Public health, safety, convenience, decency and
morals are dealt under these sections. IPC also cover the negligent handling of poisonous
substances, combustive and explosive materials. Criminal Procedure Code, 1973 (Cr.P.C.)
can also be invoked to prevent pollution. Chapter - X, Part – B, sec. 133 to 143 provides the
most effective and speedy remedy for preventing and controlling public nuisance. Sec - 133
can be used against municipalities and government bodies.

STATUTORY LAWS:

ACTS-

The Indian Forest Act, 1927 ; Factories Act, 1948; Factories Amendment Act, 1987;
Wildlife (Protection) Act, 1972 ; The Water (Prevention and Control of Pollution) Act, 1974;
Forest (Conservation),Act, 1980 ; The Air (Prevention and Control of Pollution) Act, 1981

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Environment (Protection) Act, 1986; The Public Liability Insurance Act, 1991; Biological
Diversity Act, 2002; Forest Rights Act, 2006 (Ministry of Tribal Affairs); The Cultural
Heritage Conservation Bill 2010 ( draft); Mine and Mineral Act 2010; National Green
Tribunal Act, 2010.

RULES-

The Manufacture, Storage and Import of Hazardous Chemicals Rules,1989;

Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms, Genetically
Engineered Organisms or Cells Rules, 1989; Emergency Preparedness, Planning and
Response to Chemical Accidents Rules, 1996; Dumping and disposal of fly ash discharged
from coal or lignite based thermal power plants on land, Rules, 1999; Bio-Medical Waste
(Management and Handling) Rules, 1998; The Hazardous Wastes (Management and
Handling) Rules,1989 ; Environment (siting for industrial projects) Rules, 1999 ; The Noise
Pollution (Regulation and Control) (Amendment) Rules, 2000 ; The Municipal Solid Waste
(Management & Handling) Rules, 2000; Hazardous Waste (Management, Handling and
Trans-boundary) Rules, 2008; Wetlands (Conservation and Management) Rules, 2010;
Guide-lines for diversion of forests, lands for non-forest purposes under the Forest
(Conservation) Act, 1980; Plastic Waste (Management and Handling) (Amendment) Rules,
2011 20 Notifications ; Coastal Regulation Zone (CRZ) Notification (revised 2011) ; EIA
Notification 1994 (revised 2006)

POLICIES-

National Forest Policy, 1988; National Water Policy, 2002; National Agricultural
Policy, 2000; National Environment Policy 2006; National Disaster Management Policy,
2009.

OTHER LAWS-

Disaster Management Act, 2005. (recognises damage /destruction of environment as disaster)

Law relating to land use zoning, land acquisition, land-pooling, resettlement and
rehabilitation also have provisions for environmental protection.

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DISASTER MANAGEMENT ACT,2002

(Act no. 57 of 2002)

The Disaster Management Act 57 of 2002 (as amended) is the primary legislation
dealing with disaster management in the country. 13 This Act provides for an integrated &
coordinated disaster management policy that focuses on:

 Preventing or reducing the risk of disasters (Prevention);

 Mitigating the severity of disasters (Mitigation);

 Emergency preparedness;

 Rapid & effective response to disasters, &

 Post-disaster recovery and rehabilitation.

The Act also makes provision for the establishment and functioning of DM Centres across all
spheres of government, disaster management volunteers; and matters incidental thereto.

The Disaster Management Act, 2002 is internationally reputed for its emphasis on
prevention and its relative comprehensive approach to Disaster Risk Reduction (DRR). The
main thrust of the Act and the National Disaster Management Framework, 2005 (NDMF)
centres around the creation of appropriate institutional arrangements for disaster
management. It is argued that the ideals of disaster management cannot be achieved without
structures to support its myriad of actions. The main purpose of amending the Act was to
tackle some challenges in implementing the legislation by maximising the effect of disaster
management legislation to communities, especially those most at risk.

Principles:

13
www.indiankanoon.com

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 The Act has explicit & distinct focus on DRR. It establishes adequate structures
necessary for the management of disasters with special emphasis on prevention and
mitigation by all spheres of government. The Act calls for the establishment of institutional &
governance structures to ensure integration of stakeholder participation & to adopt a holistic
and organised approach to the implementation of policy and legislation. The Act recognises
the multi-sectoral & multi-disciplinary nature of disaster management in the country. The Act
also provides mechanisms for involvement in Disaster management activities by private
sector, traditional leaders, civil society, volunteers, etc. The Act also makes provision for the
development of a National Disaster Management Framework (NDRF).

Co-ordination of Disaster management:

The National Disaster Management Centre (NDMC) is established as a Presidential

assigned function to a Cabinet Member. This function is coordinated through the
implementation of the Disaster Management Act, 2002 (Act no 57 of 2002) as amended, as
well as the accompanying Disaster Management Framework, 2005 across the three spheres of
government. The NDMC also administers fire legislation (Fire Brigade Services Act, 1987).
The objective of the National Centre is to promote an integrated and coordinated system of
disaster management, with special emphasis on prevention and mitigation. by national,
provincial and municipal organs of state, statutory functionaries, other role-players involved
in disaster management and communities. (section - 9) In addition to the National Centre, a
disaster management centre must be established in every Province and in every District &
Metropolitan Municipality, to coordinate disaster management in its sphere of responsibility
(sec 8,29 & 43). Staff of the various Centres consist of the Head of the Centre and suitably
qualified persons (sections 31A and 45A).

Disaster management at State level:

All these functions traditionally have been performed by State Governments. What, in
fact, is however, needed is further empowerment and delegation to the front-end functionaries
when it comes to implementation of disaster management efforts. Moreover, in any crisis
situation, expeditious and appropriate response is the essence, and the field functionaries, the
State Governments and the line departments and ministries of the Union Government being
aware of the field situation would be in the best position to provide timely and effective
response, if they are fully authorized to do so.

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 At the sub-national level and on the lines of the national framework, the Act provides
for the constitution of corresponding bodies at the state level also in the name of the State
Disaster Management Authority (SDMA) and the State Executive Committee (SEC). One
marked improvement, however, in the stipulated powers and functions of the SDMA in
comparison to the NDMA has been the provision under section 18(2) (g) “to review the
development plans of the different departments of the State and ensure that prevention and
mitigation measures are integrated therein.” Had this power also been given to the NDMA to
do the same with different departments of the Central Government, the entire philosophy of
disaster management might have undergone a total transformation in the country. Similar
appreciable provisions have also been made under section 24 of the Act to assign certain
powers and functions to the SEC in the event of a threatening disaster situation.

In a way, the most commendable part of the Act has been chapter IV dealing with
District Disaster Management Authority (DDMA). In recognition of the fact that it is the
district administration which has to mount the most formidable efforts in the case of a
disaster situation. and establishing an organic link among the disaster management authorities
at various levels, the Act envisages the creation of ‘District Disaster Management Authority’
as the pivot around which the structure of disaster management at the district level would be
erected. What is, however, amiss in the given structure of the ‘District Disaster Management
Authority’ is the minuscule presence of people’s representatives in the ‘District Disaster
Management Authority’ in comparison to the large number of officials. Still, the most vital
aspect of ‘District Disaster Management Authority’ is efficient and effective discharge of the
mammoth responsibilities ordained for it in the Act. In fact, the range and variety of activities
of the ‘District Disaster Management Authority’ are so enormous that it has to be very alert
and prompt in case it thinks of making the particular district disaster resilient. 14 Though the
Act establishes a top-down model of disaster management in which the successive lower
authorities have less leverage in the given field, the ‘District Disaster Management Authority’
seems to be placed in such a unique position that if it takes a proactive approach for long term
prevention and short term mitigation of disasters in the district, it can wrest the commanding
charge of disaster management from the higher authorities, at least in the case of the district
concerned.

14
Section 31A of Disaster Management Act,2005

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 Summating, the Disaster Management Act, 2005 remains the spindle around which
the legal framework of disaster management in the country revolves. Undoubtedly, this Act
provides the framework law in accordance with which the states could also pattern their
respective disaster management laws. In the evolution of legal framework of disaster
management, this Act has gone a long way in encouraging the states to formulate their own
legislations to provide for an efficient and effective management of disasters.

CASE LAWS ON DISASSTER MANAGEMENT

N.D. Jayal and Anr vs. Union of India and Ors (1 Sep, 2003)

Supreme Court of India - N.D. Jayal and Anr vs. Union of India and Ors.

The Disaster Management Plans should contain the aspects of disaster prevention and
of ways for its management in the untoward occurrence of a disaster. A proper plan will place
the disaster management exercise on a firmer foundation. It is a welcome gesture that the
Clearance to this Project (of NMDC) contains a condition for chalking out disaster
management plan. Disaster Management activities should be integrated with the
developmental activities. Incidentally, this is also the resolve of the Yokohama Strategy of
the United Nations International Decade of Natural Disaster Reduction, to which India is a
party. There is an affirmative obligation on the part of the State to preserve and protect
human life and property. This obligation is an integral element in fulfilling developmental
endeavours.

“Therefore, disaster management cannot be separated from sustainable development.”

The respondents submit that the Ministry of Agriculture (MoA) has approved
the Disaster Management Plan prepared by the THDC. And added that they are going to fit
together disaster management plan of the state government at the District level into the plan
prepared by THDC. As regards the disaster management, the nodal agency is the Ministry of
Agriculture and disaster management plan was approved by the said Ministry in 1992 and a
Steering-group has been constituted by the Government in every district under the
chairmanship of district magistrate for flood-fighting and related activities and the Steering-
group will implement the disaster management plan in case of any eventuality from the dam.

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Vivek Srivastava vs. Union of India (12, April 2005)

Allahabad High Court

The Allahabad High Court expressed that - in order to maintain an ecological balance
and protecting human rights, the time has come when every city should be equipped with
a disaster management plan. The Supreme Court of India N.D. Jayal and Anr vs. Union of
India and Ors (2004) 9 SCC 362 at 393 held-

“The Disaster Management Plans should contain the aspects of disaster prevention
and of ways for its management in the untoward occurrence of a disaster. A proper plan will
place the disaster management exercise on a firmer foundation.”

In its final verdict it stated that - Disaster management is an integral part of the

development activities and cannot be separated from a sustainable development of the city.
For a sustainable development of the city, and for a healthy growth of a city, existence of
open spaces, green belt is essential. For the aforesaid reasons, it is necessary to maintain open
spaces for disaster management plan in a city to implement the proper allocations.

Ram Raj Maaran And Ors. Vs. Disaster Management Institute, Bhopal (16, April 2004)

Madhya Pradesh High Court

Petitioners, three in number, were appointed as Gardener, Cook and Orderly

respectively under the respondent No. 1, Disaster Management Institute, Bhopal, which
functions in the department of the State Government. A document contained in Annexure P-1
has been brought on record showing the position of filled up pots and vacant posts against the
sanctioned posts set up as on 31-3-1995. While the petitioners were serving in their respective
posts vide orders contained in Annexure P-7 to Annexure P-9 their services were terminated
on the ground that they were not appointed against sanctioned posts; they were not holding
skilled posts; and they were beyond set up.

The aims and objectives and Board of Governors (Executive Council) of the Society
are reproduced below:

"The aims and objectives of the Society shall be to:

25
 (1) Conduct training in Disaster Management and related subjects for the officials and
executives of Government Departments, Public and Private Sector undertakings and others
with a view to make them aware of the potential hazards, way to control them and equip them
to conceive and prepare emergency plans and execute them effectively in case of crises
arising due to natural disasters or disasters caused as a result of human activities.

(2) Run Postgraduate Diploma and Degree courses in Disaster Management and

Industrial Safety.

(3) Carry out research-oriented studies in matters concerning causes and effects
of disasters, their mitigation, management and other state-of-art techniques.

(4) Collect and store information on all matters concerning hazards and disasters and
disseminate the same effectively.

(5) Offer consultancy services to industries and others.

(6) Institute awards, scholarships, fellowships, prizes and medals etc. for furtherance
of the aims and objectives of the society.”

S.Thammaraj vs. The Union of India (19, January 2015)

Madras High Court

What is challenged in this Writ Petition is a notice of the District Collector of the
Government of Puducherry, Department of Revenue and Disaster Management, vide
proceedings in Ref.No.7273/DRDM/C2/ST-CAN/2013, dated 13.02.2014, by which, the
petitioner had been directed to show cause as to why the Scheduled Tribe Certificate cited
under reference No.2 therein, should not be cancelled, with a further direction that the reply
of the petitioner should reach the office of the District Collector within 15 days from the date
of receipt of the said notice.

No Tribe has been notified as Scheduled Tribe in the Union Territory of Puducherry.
Therefore, G.O.Ms.No.152, dated 24.11.2005 issued by the Department of Revenue
and Disaster Management of the Government of Puducherry, had envisaged only cancellation
of Caste Certificates of SC, OBC and MBC by the District Committee headed by the District

26
Collector. Therefore, on receipt of the request of the Superintendent of Police, Vigilance and
Anti-Corruption, the matter was placed before the Committee. The Committee decided to
give an opportunity of being heard to the petitioner and accordingly, the disputed notice was
issued.

Purushindra Kumar Kaurav vs. Union of India and Ors. (16, September 2002)

Madhya Pradesh High Court

 A return has been filed by the respondent Nos. 2 and 3, the State of M.P. and the
Collector Jabalpur respectively pleading, inter alia, that the suggestions which have been
made in the petition have already been implemented and adequate steps have been taken to
meet any natural calamities like earthquake in case same rocks the area in question. The
operation requires coordination between various departments/wings of the Government and
keeping in view the said aspect of the matter the Central Government has constituted a high-
power disaster management group under the Chairmanship of Shri J.C. Pant. It has been
pleaded that the said group has been entrusted with the task to coordinate between various
State Governments and its functionaries during such relief and rescue operation. The Central
Government has also nominated a senior officer, Shri T.N. Shrivastava for acting as a
Coordinator. According to the said respondents an autonomous body in the name
of Disaster Management Institute (DMI) has been established by the Government of M.P.; at
Bhopal. It is the responsibility of the said institute to prepare projects and plans for
minimizing the effect of natural disasters like earthquakes and floods and to suggest the
means and measures for providing relief to persons affected by such calamities. The DMI is
also gradually training district level functionaries to deal with disaster effectively.

As per the provision contained in the said working plan a

District Disaster Management Committee under the Chairmanship of the Minister-In-charge
of the district has been proposed. The said Committee shall consist of officers of local bodies
such as District Panchayat, Municipal Corporation, Municipalities and public representatives
like M.L.As. and M.Ps. All concerned departments of the Central Government as also the
State Government will nominate their officers as members of the
District Disaster Management Committee (DDMC).

27
 Respondents have also brought on record that seismology and earthquake studies is a
very vast and specialized subject and the Director of Geological Survey of India has made a
detailed study in the field of earthquakes and tectonics and based upon his research it has
been found out that the earthquake that had struck Jabalpur was not due to reservoir which is
situated 45 Kms. away. It is put forth that the cause has been attributed to the reaction of the
Son Narmada Souty Fault, which passes from the south of the city. A communication in that
regard has been brought on record.

Sachidanand vs. State of Uttar Pradesh

Allahabad High Court

It has been stated by the respondents' counsel that the provisions contained in
Lucknow Master Plan 2021, report of NEERI and report of Disasters Management
Committee loses their relevance. Prima facie, submission seems to be not correct. In case,
State or its instrumentalities were of the view that Lucknow Master Plan 2021 loses its
efficacy and it is not a flood affected zone, then fresh report should have been obtained from
NEERI, Disaster Management Committee and experts of the field but seems to has not been
done. Construction raised at least in the form of pavilion or in other building at the meeting
point of river Gomti and GHC prima facie, seems to be violative of Lucknow Master Plan
2021, hence controversy seems to call for adjudication under Article 226 of the Constitution
of India as Public Interest Litigation. A thing should be done in the manner provided in the
Act, Statute, Rules, Regulations and statutory provision and not otherwise. The State is no
exception to this principle.

Whatever construction has been done at the river bank and meeting point of river
Gomti that GHC has been done in violation of report of NEERI, disaster plan and Lucknow
Master Plan. Such action on the part of State prima facie seems to be violative of statutory
provisions and may be environmental hazard in due course of time. Since, constructions are
raised in violation of report of NEERI, Disaster Management Committee (DCC) as well as
Lucknow Master-Plan, which is punishable under Sec. 26 of the Act, it shall be failure on the
part of higher judiciary if it does not intervene while discharging its constitutional obligation.

28
CONCLUSION

Forceful emergence of the idea of disaster management as a vital function of

government during mid- 1980s presented a piquant situation for both legal luminaries as well
as the government functionaries to figure out the constitutional locale for enacting
appropriate legislation and dovetailing corresponding executive responsibility for the same.
In the absence of any specific reference to the subject in the constitutional distribution of
powers between centre and the state, it has traditionally been derived from the colonial
practice that disaster management, presumably given its insignificance in the governmental
reckoning during the colonial period, is a state subject insofar as the specification of its
constitutional domain is concerned. But soon the state governments realized that disaster
management is as complex and expensive a task as simple and inexpensive it appears on the
surface. As a result, there began a rethinking in resituating the constitutional locale of the
subject in such a way that the central government also gets an important role to play in the
whole exercise of making India disaster resilient. Almost all the committees and commission
set up to review the working of the constitution as well as the governmental machinery
arrived at the conclusion that at best disaster management can be a concurrent subject rather
than considering it under exclusive jurisdiction of the states. Owing to the vigorous pursuits
at international level to make the world disaster resilient on the one hand, and the different
parts of the country getting ravaged by a series of natural disasters, on the other, it became
somewhat indispensable for the governments, both central as well as states, to enact
dedicated legislations providing for a comprehensive plan and machinery to implement the
same for efficient and effective management of disasters in the country. Clearly, the states
emerged as the pioneers in this field as they got their laws enacted even when the central
government was in the midst of consultation and drafting its own legislation. Eventually, the

29
central legislation on the subject was enacted in 2005 raising a number of federal issues in the
management of disasters in India. For instance, the point was raised that how the central
government could get the power of issuing directions to the states for compulsory compliance
in an area which has till now been understood to be the exclusive domain of the states.
Similarly, the creation of a mammoth machinery for disaster management at the central level
has also been questioned on the ground that the appropriate powers and functions of the
central government in management of disasters remains confined to evolving policy
guidelines and sanctioning sufficient quantum of resources to the states in carrying out their
primary responsibilities of disaster management. More than this on the part of the central
government might be construed to be undue interference in the domain of the states.
Thankfully, due the developmental and humanitarian nature of activities involved in the
management of disasters, the subject has not become a point of one-upmanship between
centre and states. But the issue remains a potential flashpoint in the centre-state relations in
future.

BIBLIOGRAPHY: -

Web Sources:

 www.indiankanoon.com

 www.researchgate.com

 www.encyclopediabrittanica.com

Articles:

 Section a31A of Disaster Management aAct,2005

 UN Disaster Management Report aby UNEP. A

30
 Report of the Committee was submitted in 2001. See, Government of India, The
Report of High-Powered Committee on Disaster Management, (Chairman: J. C.
Pant), New Delhi: National Centre for Disaster Management, Indian Institute of
Public Administration, 2001.

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