Disaster Management Amendment Bill 2024

• The Disaster Management (Amendment) Bill, 2024 was introduced in Lok Sabha on August 1, 2024.  The Bill amends the Disaster Management Act, 2005.  
• Disaster Management (DM) Act, 2005 was enacted to provide for effective management of disasters and for matters connected therewith. 
• The Bill aims to mainstream disaster management in development plans. 
• Amendment Bill will bring more clarity and convergence in roles of authorities and committees. 

Key Provisions of The Disaster Management Amendment Bill 2024

• Disaster Management Authorities for Urban Areas: The Disaster Management Amendment Bill 2024 aims to create Urban Disaster Management Authorities for state capitals and large cities with municipal corporations, except the Union Territories of Delhi and Chandigarh.
• Disaster Database: The bill seeks to create a disaster database at the national and state level.
• Disaster Database: The Bill provides for creation of disaster database at national and state level. 
  • The database will include disaster assessment, fund allocation details, expenditure, preparedness and mitigation plan, risk registers according to type and severity of risk assessed, etc., as may be prescribed by the central government.
• Decentralised disaster plans: The Bill empowers the National Disaster Management Authority (NDMA) and State Disaster Management Authorities (SDMAs) to prepare disaster plans at the national level and state level respectively.
  • Earlier, the plans were prepared by the National Executive Committee and State Executive Committees.
• Disaster Risk Assessment: The NDMA will be mandated to conduct periodic assessments of the full range of disaster risks in the country, including emerging disaster risks, including the risk of disasters that may occur in the future due to extreme climate events and other factors.
• Statutory Status: The Bill also provides statutory status to certain pre-Act organisations, such as the National Crisis Management Committee and the High Level Committee.
• State Response Force: It also provides for the formation of State Disaster Response Force by the State Government.
• Section 60A: This section empowers the Central and State Governments to direct any person to take or refrain from taking any action to mitigate the effects of a disaster and to impose a fine not exceeding ₹10,000.
• Clarity and convergence: The NDMA may also appoint experts and consultants as required to perform its functions, as well as seeks to define the roles of authorities and committees to strengthen the efficient functioning of the National Disaster Management Authority and State Disaster Management Authorities.
• Immunity: The Bill seeks to provide immunity to officers involved in disaster management from any legal proceedings while discharging their functions.
• Jurisdiction: The Bill has limited the jurisdiction of the Supreme Court and High Courts to entertain any suit in respect of anything done in relation to its functions by this Act.

Concern with Bill:

Constitutionality and encroachment concerns : 

• The opposition has questioned the constitutionality of the amendment bill, arguing that it may require changes to the Constitution's Concurrent List. 
• They have criticised the bill for potentially encroaching on state jurisdictions and the confusion that would arise from the creation of multiple authorities.​​​

Implementation issues and resource constraints: 

• The creation of UDMAs is an important step towards addressing urban disaster management. However, there are concerns about the ability of ULBs (urban local bodies) to effectively manage the new authorities. 
• The Bill provides for the appointment of a Municipal Commissioner as the chairperson of UDMAs and the Collector as the vice - chairperson. This arrangement may pose challenges in coordination and resource allocation, especially in smaller towns where Municipal Commissioners may not hold senior positions compared to District Collectors.​​​​​

Lack of financial Devolution: 

• Urban Local Bodies will find difficult to set up, equip, and run the UDMAs due to financial constraints. 

Centralization: 

• Bill grants excessive rulemaking power to Central government through delegated legislation to make rules on specific matters, which could potentially overlap with legislative powers reserved for States. 

Test of Constitutionality: 

• Bill is brought under Entry 23 of the Concurrent List of Seventh Schedule which deals with "social security and social insurance, employment and unemployment" as Disaster Management is not mentioned in the Seventh Schedule. 

Restricted definition of 'disaster': 

• Bill does not expand the list of notified disasters to include climate-induced disaster such as heatwaves.
  

Conclusion:

• The Disaster Management (Amendment) Bill, 2024 introduces essential reforms aimed at improving preparedness in urban areas, but its success will depend on leadership coordination, financial empowerment, and efficient allocation of resources to local bodies. Without addressing these concerns, the Bill’s noble intentions may not fully translate into effective disaster management in India’s rapidly urbanising landscape.