LAW & DISASTER MANAGEMENT – BL 206

B.A. LL.B. (HONS.) – SEMESTER X

Course Outline
Course Instructor: Dr. Subhradipta Sarkar, Associate Professor, Faculty of Law, JMI

I. Introduction: Aims and Purposes

Over a period of time governments across the globe and the international community have
realized that disasters cannot be effectively dealt with a re-active approach, rather there is a
requirement of a preventive approach. Despite technological advances and change in the
approach of disaster management, the number of disasters has shown an upward trend. Data
obtained from Centre for Research on the Epidemiology of Disasters (CRED) reveals that
disasters have not spared any region of the world. It is further a matter of grave concern that
India has consistently featured in top three countries affected by disasters. The course is designed
to appraise the students about various types of disaster, their characteristics, causes and impacts.
It also intends to give the students more exposure to the significance of law in disaster
management, both at the international and national level. It also explains the mechanism at both
levels.

The course contents circumscribe various areas, such as, environmental governance, role of the
UN in dealing with disasters, human rights issues of disaster victims that generally arise in the
context of disasters, importance of accountability in disaster response, response of the judicial
bodies in protecting the rights of the victims of disasters. Finally, course is designed to help the
students in understanding the intimate relationship between natural disasters and the climate
change, and recognize the importance of disaster risk reduction. .

II. Structure of the Course

UNIT – I
BASIC CONCEPTS RELATING DISASTERS

1. Definitions and Concepts

2. Types of Disasters
3. Different Stages of Disaster Management
4. Disaster Management and Duty of the State

UNIT – II

INTERNATIONAL MECHANISMS IN DEALING WITH DISASTERS

1. United Nations Agencies and Response to Disasters

2. Sendai Framework for Disaster Risk Reduction 2015 – 2030

3. International co-operation in disaster management

UNIT – III

LAW DEALING WITH DISASTER MANAGEMENT ACT IN INDIA

1. Disaster Management Act, 2005 – An Analysis

a. Institutions under the DM Act, 2005 – Composition and Functions
b. Funds Set Up under the Act for Disaster Management
c. Offences and Penalties – Payment of Compensation
2. Other Legislative and Constitutional Measures
3. Covid-19 and Law

UNIT – IV

POST-DISASTER DEVELOPMENT INITIATIVES AND HUMAN RIGHTS

1. Natural Disasters and Their Impact on Human Rights

2. Accountability in Disaster Response
3. Protection of the Rights of Disaster Victims in India
a. Judicial Intervention
b. Role of the National Human Rights Commission
c. Bhopal Gas Tragedy and other fire disasters in India

UNIT – V

ENVIRONMENTAL ASPECTS OF DISASTERS AND CLIMATE CHANGE

1. UN-ISDR, Climate Change and Disaster Risk Reduction

2. Country Practices in Adaptation
3. Disaster-Induced Displacement
 III. Suggested Readings

BOOKS

1. Mrinalini Pandey, Disaster Management (Wiley, 2014)

2. V.K. Sethi, Disaster Management (Maxford Books, 2009)
3. Subhradipta Sarkar, Disaster Management and Protection of Human Rights in India With
Reference To International Law and Practice (Thomson Reuters, 2019)
4. S. Prasad, Disaster Management: Legal Policy Perspectives (Manglam Publications, 2011)
5. O.S. Dagur, Disaster Management: An Appraisal of Institutional Mechanisms in India (KW
Publishers Pvt Ltd, 2011)
6. Siddhartha Gautam, K. Leelakrishna Rao & N.J. Murthy, Disaster Management:
Programmes and Policies (Vista International Pub House, 2012)
7. Raj Kumar C. & Srivastava D.K. (eds.), Tsunami and Disaster Management: Law and
Governance (Thomson, 2006)
8. Amita Singh (ed.), Disaster Law: Emerging Trends (Routledge, 2020)
9. Aaradhana Salpekar & Anil K. Jamlwal (eds.), Management of Major Disasters (Jnanada
Prakashan, 2010)
10. Ranjan Kumar Sahoo and Tilottama Senapati (eds.), Management and Mitigation of Natural
Disasters (Regal Publications, 2014)
11. Jane McAdam, Climate Change, Forced Migration and International Law (Oxford
University Press, 2013)
12. Vishnu Konoorayar & V.S. Jaya (eds.), Disaster Management Law (Indian Law Institute,
2006)