12 ,Jun 2020
National Disaster Management Act originally came into force on
23rd Dec 2005 and was named as National Disaster Management Act 2005. The NDMA
gives wide powers to the Government to draw up a plan for disaster management for the whole
of the country to be called as National Plan. National Plan is made to take measures for
prevention of disaster and mitigating its effect and preparedness and capacity building for
effective response to any threatening disaster situation.
Though pandemic such as
covid-19 are not defined under the Act but the other definitions of disaster under the Act
are wide enough to cover the ongoing pandemic across the country. We have seen sleuth of
measures adopted by the Central as well as State Government to deal with the crisis by
providing various relied measures for the citizens.
It’s NDMA which lays down guidelines for minimum standards of relief such as shelter,
food, drinking water, medical cover and sanitation, special provision for widows and
orphans, ex gratia assistance on
Account of loss of life and other measures for
restoration of means of livelihood. Loan repayment deferment as provided by RBI in the form
of moratorium is one such relief as laid down under the Act.
The Act also lays
down provision for prohibition against discrimination on the ground of sex, caste,
community, descent or religion while providing compensation and relief to the victims of
disaster.
Role of media in times of such disasters is very crucial. The Act lays down direction to
media for communication of warning etc.
We have seen various incidents of
obstruction and attacks on doctors, police and various other authorities working round the
clock in the wake of this pandemic. The Act provides for punishment for obstruction of
duties of any officer, employees of the Central or the State Government or any person
authorized by the National or State Authority under the act. The punishment is one-year jail
term or fine or both. Then there are other penal provisions for false claim,
false
warning, miss appropriation of money or materials. The NDMA has an
overriding effect on all other laws which are inconsistent with it in times of any such
disaster as notified under the Act. There has been much debate on the proper implementation
of the Act. Several PIL’s were filed before different Constitutional Courts. Supreme
Court has time and again intervened and issued directions for implementation of the Act in
letter and spirit. In a recent judgment namely “Hanuman Laxman Aroskar v.
Union of India”, Hon’ble Supreme Court held that
“Adequate drills with respect to implementation of disaster
management plan needs to be carried out at regular intervals so as to
ensure preparedness and rapid response to any disaster both man-made
and natural.” Though much more has to be done on the implementation
front, as of now it is incumbent on the Government as well as citizens to abide by the rules
and regulations laid down under the Act as this may be the only way forward for a better and
effective response to the ongoing crisis or any such crisis which country may face in
future.
Author
Ved Vyas Tripathi
(Advocate)
Supreme Court of India