Disaster Management Act (DM Act) of 2005

GS 3 Disaster management 

The Disaster Management Act (DM Act) of 2005 was enacted by the Government of India to ensure effective disaster management and address related concerns. It became operational in January 2006.

Objective:

The Act aims to manage disasters through mitigation strategies, capacity building, and other related measures.

Section 2(d) of the DM Act defines a “disaster” as a catastrophic event, mishap, calamity, or significant occurrence resulting from natural or human-made causes.

Key Features:

Nodal Agency:

The Ministry of Home Affairs serves as the central authority responsible for national disaster management.

Institutional Framework:

The Act establishes a hierarchical framework of institutions at the national, state, and district levels.

National-Level Bodies:

National Disaster Management Authority (NDMA):
Develops policies and ensures efficient disaster response mechanisms.

National Executive Committee (NEC):
Formed under Section 8 of the Act, it assists the NDMA in its duties and prepares the National Disaster Management Plan, which is reviewed and updated annually.

National Institute of Disaster Management (NIDM):
Focuses on training and capacity development for managing disasters.

National Disaster Response Force (NDRF):
A specialized force trained for disaster response and management.

State and District-Level Bodies:

The Act mandates the creation of state and district-level authorities to formulate and implement disaster management plans aligned with the national framework.

• State Disaster Management Authority (SDMA)
• District Disaster Management Authority (DDMA)

Financial Provisions:

The Act includes mechanisms for financial support, such as the establishment of the National Disaster Response Fund and similar funds at state and district levels.

Civil and Criminal Liabilities:

The Act outlines penalties for non-compliance with its provisions. Under Section 51, refusal to comply with orders can result in imprisonment of up to one year, fines, or both. If such non-compliance leads to fatalities, the penalty extends to two years of imprisonment.

Challenges:

Lack of Disaster-Prone Zone Declaration:
The Act does not include provisions for identifying disaster-prone areas, unlike similar legislation in other countries. This hampers proactive disaster management and assessment of damage.

Overlooking Gradual Disasters:
It focuses primarily on sudden disasters, ignoring progressive ones like disease outbreaks. For instance, recurring diseases like dengue and tuberculosis, which have significant impacts, are not adequately addressed.

Overlapping Roles:
The establishment of multiple national-level bodies with overlapping functions complicates coordination. Local authorities, despite their critical role as first responders, receive minimal attention in the Act.

Procedural Delays and Limited Technology:
Delays in implementation, procedural inefficiencies, and inadequate technological capacity for disaster prediction and mitigation exacerbate the damage caused by disasters.

This Act, while a significant step towards formalizing disaster management in India, requires improvements to address its limitations effectively.