CHAPTER I

INTRODUCTION
“We cannot stop natural disasters but we can arm ourselves with knowledge: so many lives
wouldn’t have to be lost if there was enough disaster preparedness”.
-Petra Nemcova
1. INTRODUCTION
Natural and man-made disasters have been increasing in incidence, size, number of people
affected, and material damage incurred during the previous three decades. India is one of the
most disaster-prone countries in the world due to its geo-climatic parameters and significant
socioeconomic susceptibility. A disaster is a severe disturbance of a society's functioning that
results in widespread human, material, or environmental losses that surpass a society's ability to
manage with its own resources.1 Droughts, famines, cyclones, earthquakes, chemical mishaps,
rail accidents, and road accidents have all occurred there. India is also one of the countries most
vulnerable to terrorism. Disaster is unlike any other event in human history. It hits swiftly, alters
the lives of everyone who are affected, and has long-term consequences. Perhaps more
importantly, its forces are essentially beyond the control of those who are most affected.
Even today natural hazards like floods, cyclones, droughts and earthquakes are not rare or
unusual in the country. Among the 35 states and union territories, 25 are disaster prone. While
the average loss of human life every year is 3,600. 1.42 million hectare crop area is affected and
2.36 million houses are damaged annually. In India, while 40 million hectares of landmass is
prone to floods, 68 per cent of the total areas are vulnerable to periodical droughts.2
Disasters are commonly characterised as either "natural" or "human-caused" disasters. Floods,
droughts, tidal waves, and earthquakes, for example, are sometimes referred to as "natural
calamities." Chemical or industrial mishaps, pollution, transportation accidents, and political
instability are all considered "human-made" or "human-induced" disasters since they are the
direct outcome of human action.

1
Disaster Management in India, Ministry of Home Affairs, Government of India (available at
https://www.undp.org/content/dam/india/docs/disaster_management_in_india.pdf

2
S K Swami, presentation as 'Organisation of Disaster Response in India at Central and State Government Levels',
Annual Conference of Relief Commissioners, 2001. Available at www.ndmindia.ric.in/documents/Disaster
Response.p

1
The intensity and frequency of disasters have increased in recent years. Examples can be drawn
from the recent past when one after another disaster has shattered the subcontinent with
irreparable loss of life and property. The tsunami of 2004, floods in various parts of the country
and the earthquake in Jammu and Kashmir have once again raised the question of disaster
management in India. The country requires a long-term development-oriented approach to
disaster risk management.3

A disaster is a perceived tragedy caused by a natural disaster or a man-made disaster. It is a

threat that has materialised. A hazard, on the other hand, is a situation that offers a risk to life,
health, or property, or that has the potential to harm society or the environment. A disaster is
described as a major interruption of a community's or society's functioning that results in
widespread human, material, economic, or environmental losses that exceed the community's or
society's ability to cope. Natural disasters disrupt civilizations by taking lives, creating victims,
and destroying infrastructure and homes. By striking calamities, funds and resources intended for
development are redirected to disaster response and restoration of normalcy. Natural resources
are harmed by disasters, which have a negative impact on the ecosystem. As a result, disasters
have negative repercussions on the three primary components of sustainable development:
society, economy, and environment, and so have a negative impact and delay on sustainable
development.4
In India, states are primarily responsible for handling disasters. The government of India
supplements the efforts by extending logistics and financial support such as contributing to State
Calamity Relief Funds (75 percent contribution by GOI and 25 per cent by state governments)
for immediate relief, restoration of essential infra- structure and public assets in the social sector.
In addition, a National Calamity Contingency Fund has been constituted at the central level for
providing additional resources. Government of India also has different nodal ministries in charge
of different types of disasters: Agriculture ministry for natural disasters, atomic energy for
nuclear disasters and so on. There is a National Crisis Management Committee (NCMC) under
the cabinet secretary and Crisis Management Group (CMG) under the central relief

3
Subhradipta Sarkar and Archana Sarma, ‘Disater Management Act, 2005: A Disaster in waiting?’, Vol.41, Economic
and Political Weekly (2006) available at https://www.jstor.org/stable/4418643
4
Goel, Encyclopedia of Disaster Management Vol-1- Policy and Administration, Deep and Deep Publications, 2006,
p3

2
commissioner. Besides, a group of ministers, group of secretaries and high level committees can
be constituted whenever required by the situation. Similarly, at the state level, there is the state
crisis management group headed by the chief secretary, the relief commissioners, contingency
plans in the states as well as districts level. Apart from that, some states have their
comprehensive relief codes. The government of India has adopted mitigation and prevention as
essential components of its development strategy. Several programmes and projects are in
existence to deal with different types of disasters, e g, earthquake risk mitigation, a project for
cyclone mitigation (estimated cost Rs 1,050 crore), disaster risk management programme (for 17
multi-hazard prone states with the assistance from UNDP, USAID and European Union).5

Human rights have emerged as a prominent concern in contemporary society. A Human Rights
Commission has been formed by the United Nations. Several countries, including India, have
followed the United Nations' lead and established their own Human Rights Commissions. A
number of global, national, and local institutions have been established to monitor human rights
breaches around the world. If the right to life is the most fundamental of human rights, and life is
dependent on ecological balance and environmental quality, then any activity that harms ecology
and the environment is a violation of human rights. The natural environment belongs to each
individual and community. This is the most fundamental of all rights. It cannot be trampled
without harming the interests of other people. Thus, maintaining ecological equilibrium is
essential for humanity's survival.

The number of disasters due to natural hazards and climate change are on the rise. Within the last
decade the world has experienced the most frequent and impactful disasters. The year 2015 was
the hottest year ever and associated disaster impact drastically increased the cost to the society
socially and economically.6

Laws are very effective instruments for safeguarding human rights. International conventions,
local panchayat rules, constitutions, and parliamentary enactments are all possibilities. Several
international accords have recently been signed, and national governments have passed
legislation to safeguard the environment. National governments have created a slew of

5
Id.
6
Djalante, R.: Research Trends on Hazards, Disasters, Risk Reduction and Climate Change in Indonesia: A
Systematic Literature Review: in Andrew Lillejord, Natural Disaster in Global Environment, Delve Publishing LLC,
New York, United States of America

3
legislation to combat air, water, land, noise, and biosphere pollution, including Agenda 21,
which was signed by members of the United Nations in Rio in 1992. When a disaster strikes,
poor countries bear the brunt of the costs. More than 95 percent of all disaster deaths occur in
developing countries, and natural disaster losses are 20 times higher in developing countries than
in industrialised countries.7

Natural disasters have existed since the existence of mankind. The 'Hindu philosophers' and
'Greek philosophers' assumed that the cosmos is made up of five elements: earth, fire, air, sun,
and water, and that violent manifestations such as earthquakes, volcanoes, cyclones, and floods
are caused by these components. Natural catastrophes have been dubbed the greatest destroyer of
life and property because nature has been persistently violent.8
With the development of chemical process and manufacturing industry, “Nuclear Bomb
Explosion” in 1945, “Bhopal Gas Tragedy” in India on 3rd December 1984 and “Terrorist
Attack” on Word Trade Center in USA on 11th September 2001 and continuity technological
advances, it is inevitable that biological and chemical disasters are just round the corner and
community must prepare themselves for these disasters. The growing terrorism in the world over
has added to ever increasing list and severity of man-made disasters.

In the rise of the COVID-19 the disaster management has become a challenge for the world. The
Government of India has invoked the provisions of Disaster Management Act,2005 and
Epidemic Disease Act,1897 to tackle with the COVID-19.

1.1 Research Methodology

Researcher has adopted empirical and doctrinal research for this Research paper and depends on
two types of sources i.e., primary and secondary sources. The primary sources such as books,
Articles, Journals, Indian and International Law, International Conventions, Conferences, Rules
and Regulation of International Organization for the Disaster Management.
Although Researcher has adopted secondary sources in this research to clarify the ideas to give
rich value, to this research and these sources are discussions, debates, commentary, newspaper,
internet sources and interpretation of popular magazines, opinion of research scholars,
7
www.awid.org
8
Akthar, Making of a Disaster, Economic and Political weekly, vol-41, Feb, 2006, p 9

4
professors, experts in respective fields and opinion of advocates who have dealt with this subject
and are used as real contributors to this work. Internet has provided with a major contribution of
most relevant and latest information on the web which has helped the researcher to explore the
subject through various dimensions. Babasaheb Bhimrao Ambedkar University, Lucknow and its
e-resources have played a crucial role and contributed to a great extent for conducting research in
the subject, in bringing out special material for the Dissertation.

1.2 Statement of Purpose

The objective of this Desertation:
1. To study and acquire deep knowledge in the area of Disaster Management and Judicial
Response in India
2. To examine and analyze the laws governing the particular subject.
3. To serve the society and solve the social problem from my research knowledge.

4. To partially fulfill the degree Master of law

1.3 Hypothesis
Role of Disaster Management Laws and Policies for minimizing the impact of disaster.

1.4 Scheme of Chapterisation

For the purpose of discussing various aspects of Disaster Management the study is organized in
to eight chapters.

CHAPTER-1

Chapter 1 Introduces the subject-matter. To make an extensive and comprehensive study of the
subject, a brief description reflecting on objective of the study, hypothesis raised and
methodology applied, is the focal point of Chapter 1.

CHAPTER-2

5
Chapter 2 The second chapter examines the meaning of disasters and disaster management, as
well as the differences between natural and man-made catastrophes, disaster factors and impacts,
and developing concerns and developments connected to disasters.

CHAPTER 3
Chapter 3. International laws in relation to Disaster Management and how the disaster can be
prevented and how to achieve the goal of disaster resilience and avoid disaster casualties in
international scenario.

CHAPTER-4
Chapter 4 is the Disaster Management in India, in this chapter the powers and functions of the
authorities constitutional provisions and the forces responsible to deal with the disaster have
been dealt.

CHAPTER 5
Chapter 5 concerned with the protection of Human Rights of the people affected from the
disaster and the Laws related to the protection of human rights of those people.

CHAPTER 6
Chapter 6 laws related to Disaster Management in India and the role of the government agencies
and the central as well as State Government to deal with the disaster. Powers and duties of the
government bodies and their functioning during any natural or man-made disaster.

CHAPTER 7
Chapter 7 focuses on the role of government and judiciary during the Pandemic, COVID-19.
The judiciary by its judgments, orders and direction and the government by enacting and
enforcing the laws and rules to effectively managed the situation.

6
 CHAPTER 8
CHAPTER 8 Conclusion and suggestion, this chapter devoted a summary of findings,
conclusion and suggestions with respect to right to Disaster Management and Judicial Response
in India and conclude the Dissertation where in testing of hypothesis has been done.

7
 CHAPTER- 2

MEANING, DEFINITION AND TYPES OF DISASTER

2.1 Meaning and Definition

Etymology, the word “disaster” is derived from middle French desastre Latin and that from Old
Italian Disastro, which in turn comes to Greek pejorative prefix Dus (bad), aster (star). The word
catastrophe stems from an astrological motif in which the ancients referred to the destruction or
disintegration of a star as a disaster.
A disaster is an occurrence or sequence of events that result in deaths, injuries, and damage or
loss of property, infrastructure, the environment, key services, or means of livelihood on a scale
that exceeds the affected community's normal capacity to cope. Disaster is also sometimes
described as a “catastrophic situation in which the normal pattern of life or eco-system has been
disrupted and extra ordinary emergency interventions are required to save and preserve lives
and or the environment”.
According to Merriam-Webster ‘a sudden calamitous event bringing great damage, loss, or
destruction’9
According to International Federation of Red Cross Societies, “Disasters are serious disruptions
to the functioning of a community that exceed its capacity to cope using its own
resources. Disasters can be caused by natural, man-made and technological hazards, as well as
various factors that influence the exposure and vulnerability of a community”.10

A disaster is a serious disruption to the functioning of a community, which causes human,

material, economic and environmental losses beyond a community's ability to cope. Disaster
management aims to lessen the impacts of disasters, minimizing losses of life and property. 11

9
https://www.merriam-webster.com/dictionary/disaster
10
https://www.ifrc.org/what-disaster accessed on 16 march 2022
11
https://www.unoosa.org/oosa/en/ourwork/topics/disaster-management.html

8
 In the word's of Honorable Justice Rajendra Babu

“Disaster management means all aspects of planning , coordinating and implementing all
measures which are necessary or desirable to prevent ,minimise ,overcome, or to stop the spread
of a disaster upon the people or any property and includes all stages of rescue and immediate
relief. It is a proven fact that lot of human suffering and misery from large number of disasters
can be mitigated by taking timely actions, planning and preventive measures. It is possible only
through well functioning disaster management framework”.12

According to sec 2(d) of Disaster Management Act 2005

According to sec 2(e) of Disaster Management Act 2005

“disaster management means a continuous and integrated process of planning, organizing co
coordinating and implementing measures which are necessary or expedient for
(i) Prevention of danger and any threat of disaster
(ii) Mitigation or reduction of risk of any disaster or its severity or consequences
(iii) Capacity building
(iv) Preparedness to deal with any disaster
(v) Prompt response to any threatening disaster situation or disaster
(vi) Assessing the severity or magnitude of effects of any disaster
(vii) Evacuation, rescue and relief
(vii) Rehabilitation and reconstruction.”13

2.2 TYPES OF DISASTER

The disaster is mainly categorized into to two main parts (i) Natural Disaster and; (ii) Man Made
or human caused Disaster. Natural and human-caused disasters affect thousands of people each
year. Major adverse events such as these have the potential to cause catastrophic loss of life and
physical destruction. They are often unexpected and can leave entire communities in shock.

On the basis of their origin disasters are categorized as natural or man-made. However, there
may be no clear cut boundary between them. The High Power Committee on Disaster

12
N.D. Jayal v/s Union of India, AIR 2004 SC 867
13
Disaster Management Act, 2005, sec 2(e)

9
Management (HPCDM) of the government of India constituted in 1999, identified 31 various
disasters and categorized them into five major categories, primarily based on their origin. 14

These are:15

Sub-group-1: Water and Climate related hazards

Sub-group-2: Geologically related hazards

Sub-group-3: Chemical, Industrial and nuclear related disaster

Sub-group-4: Accidental related disasters

Sub-group-5: Biologically related disasters

The Sub-group 1 and Sub-group 2 deals with the Natural Disaster whereas the sub-group-3, sub-
group-4 and sub-group-5 deals with the man-made hazards or disaster.

2.2.1 Natural Disaster

Natural disasters include all types of severe weather, which have the potential to pose a
significant threat to human health and safety, property, critical infrastructure, and homeland
security. Natural disasters occur both seasonally and without warning, subjecting the nation to
frequent periods of insecurity, disruption, and economic loss. These resources serve to prepare
IHEs for a variety of natural disasters, including winter storms, floods, tornados, hurricanes,
wildfires, earthquakes, or any combination thereof.16

Natural disaster is a global phenomenon, which may occur anywhere, anytime with or without
any indication. These adversely affect the lives of the people and causes considerable damage to
the property, environment, and the infrastructure worldwide. Natural Disasters are impediment to
attain sustainable development.17
14
Id. Pg.27
15
Ibid
16
https://www.dhs.gov/natural-disasters accessed on Feb 26, 2022
17
Supra 15

10
 1. Earthquake

An earthquake is a violent and abrupt shaking of the ground, caused by movement between
tectonic plates along a fault line in the earth’s crust. Earthquakes can result in the ground
shaking, soil liquefaction, landslides, fissures, avalanches, fires and tsunamis.

Earthquakes are shaking of the earth’s crustal blocks due to the movement of plates and their
rocks along a fault or plate boundaries. The rocks under stress accumulate strain energy over a
period of time. When the stress exceeds the strength of the rocks, then the rock gets broken. The
strain energy is released as seismic waves. The longer that energy is stored up and is maintained
without release, the more likely that a strong earthquake will occur.18

For an earthquake to occur, there will be no warning. However, after the occurrence of a major
earthquake, secondary shocks may indicate of a further earthquake. The speed of onset of an
earthquake may be usually sudden. For this purpose, the earthquake-prone areas are generally
well identified and defined/demarcated. Major impacts and effects come mainly from land
movement, fracture, or slippage. Due to lack of warning, a severe loss to life occurs during
earthquakes.

Unpredictability of Earthquake

Earthquake can neither be predicted nor prevented bur recur in the same region. Hence history
plays a significant role in delineating seismic hazards. It is well known that natural disaster
recognize no boundaries, present nobody to blame and can affect the rich and poor people at the
same time. It has an odd position in the field of disaster studies. It has perhaps the most exciting,
least understood, most poorly predicted of major disasters.19

The primitive man saw thunder and lightening, he saw certain other cataclysmic forces that
destroyed his tribe and environment. He struggled to understand the destruction caused by
nature. With the evolution of capacity to interpret his world, he formulated theories and
explanations to circumvent his powerlessness and fears. 20

18
https://www.researchgate.net/publication/309782796_Types_of_Disasters accessed on Feb 26, 2022.
19
S. Vidyanathan, An Introduction to Disaster Management Natural Disaster and Man Made Hazards, CBS
Publisher & Distributors Pvt. Ltd. 1st Edition 2011, Reprint 2020.
20
Ibid

11
Chinese people interpreted the behaviour of animals and level of water in wells as warning signs
for prediction of the earthquakes. The Chinese believed also that bats are the most sensitive to
approaching earthquakes. The Chinese seismologists watch when chicken roost in trees, fishes
leaps out of water in a large numbers, snakes leaving holes and dogs howling to forecast as
events for the approach of earthquakes.21

2. Tsunamis

The word tsunami is derived from Japanese word (Tsoo-Nah-mee) it means “harbor wave”. The
Scientific definition; A tsunami is a wave train or a series of waves generated in a body of water
by an impulsive disturbance that vertically displaces the water column. 22

Tsunamis are gravity waves that propagate near the ocean surface. Most tsunamis springs from
sudden shifts of the ocean floor. It have different propagation characteristics and shorelines
consequences, its speed reduces in shallow water as wave height increases rapidly.23

Tsunamis can move as fast as a jet plane across the open ocean and can hit land with waves
higher than 20 metres. Water can wash inland for several kilometres in flat lying areas and move
up streams and rivers, destroying everything in its path. Waves may continue to strike the
shoreline for many hours and dangerous currents can continue for several days. Although a
tsunami can't be prevented, its impact can be reduced when communities understand the risks,
receive timely warnings and know how to respond.24

3. Cyclone

“Cyclone” is a derivative of the Greek word “Cyclos”; that means ‘coils of a snake’. Cyclone is
one among the major climatic disaster caused due to the low pressure development over the
Ocean surface naturally. The low pressure formed due to warming up of ocean water over tropics
and subsequent hot moisture air formed close to the surface will start moving up due to its light
density. As a result, low pressure surface is formed in that surface area. In order to equalize the
pressure, little high dense air from the surrounding will move towards the low pressure area and
again they get warmed up and raises above. During their raise, since there is very low
21
Ibid
22
Ibid.
23
Supra 21
24
Types of Disaster, available at https://www.ifrc.org/tsunamis accessed on 21/1/2022 at 8:23 p.m.

12
temperature prevails at high altitudes, the hot moisture air gets cooled and condensed to form
cloud and then at certain heights moved laterally either in anti-clock wise direction over the
northern hemisphere or clockwise over the southern hemisphere because of the Coriolis effect
(due to Earth’s self-rotation).25
India has a coastline of about 7516 kms, it is exposed to nearly 10 percent of the world’s tropical
cyclones. About 71 percent of this area is in ten states (Gujarat, Maharashtra, Goa, Karnataka,
Kerala, Tamil Nadu, Puducherry, Andhra Pradesh, Orissa and West Bengal). The islands of
Andaman, Nicobar and Lakshadweep are also prone to cyclones. On an average, about five or six
tropical cyclones form inthe Bay of Bengal and Arabian sea and hit the coast every year. Out of
these, two or three are severe.26
Cyclones are born in the hot, humid late summer environment of the tropics (June to August in
Caribbean, November to April in South Pacific). As the sun warms the oceans, evaporation and
conduction transfers the heat to the atmosphere rapidly that air and water temperature seldom
differ by 1°F. The water vapour generated by such evaporation is the fuel that drives a tropical a
tropical storm.27

4. Floods
Floods are when water overflows from the normal boundaries of a stream, river or other body of
water or accumulates in an area that is usually dry. There are two main types of
floods: inundation floods are slow, developing over hours or days, while flash floods occur
suddenly, often without warning, usually due to heavy rain. Though annual flooding is a natural
phenomenon in many parts of the world, human habitation and land-use practices have led to an
increase in frequency and magnitude of floods. Floods are also predicted to become even more
frequent and severe in future due to climate change. Floods can be extremely dangerous and
cause massive human, environmental and material damage to communities.28
Various causes of flood are described as:29

25
K. Palanivel ; J. Saravanavel; and S. Gunasekaran, Disaster Management, Pg. 30, Allied Publishers Ltd. New Delhi
26
Disaster Management in India, Ministry of Home Affairs, Government of India, Pg. 21; available at
https://www.undp.org/content/dam/india/docs/disaster_management_in_india.pdf
27
Supra15
28
https://www.ifrc.org/floods
29
Supra 15 P.7

13
 i. Heavy rainfall: Heavy rain in the catchment area of a river causes water to overflow its
banks, which results in the flooding of nearby areas.
ii. Sediment deposition: River beds become shallow due to sedimentation. The water
carrying capacity of such river is reduced. As a result the heavy rains water overflows the
river banks.
iii. Deforestation: Vegetation hampers, the flow of water and forces it to percolate in the
ground. As a result of deforestation, the land becomes obstruction-free and water flows
with greater speed into the rivers and causes floods.
iv. Cyclone:Cyclone generated sea waves of abnormal height spreads the water in the
adjoining coastal areas. In October 1994 Orissa cyclone and May, 2009 cyclone Aila in
West Bengal generated severe floods and caused unprecedented loss of life and property.
v. Interference in drainage system: Drainage congestion caused by badly planned
construction of bridges, roads, railway tracks, canals etc. hampers the flow of water and
thus results in flood.
vi. Change in the course of rivers: Meanders and change in the course of rivers causes
floods.

5. Droughts
The main cause of drought is lack of precipitation and specifically, the planning, circulation
furthermore, power of this insufficiency in connection to existing stores. 30Around 68% of the
geographical area of the country is prone to drought in varying degrees. In India, drought occurs
mainly due to the failure of South-West monsoon (from June to September). There is lot of
variation of rainfall both in terms of area, extent of occurrence, precipitation, intensity and time
of occurrence. More than 73% of annual rainfall is received during the South West Monsoon.
Hence, areas, which have received less rainfall during this period and affected by drought needs
to wait till the next monsoon. Droughts in India are always linked with the performance of the
monsoon. In the course of the last 125 years, Indian had at least 38 years of poor rainfall.31
6. Landslides

30
Supra 15 Pg.8
31
Anil K Gupta, Seerja S. Nair & Swati Singh, Environmental Legislation for Disaster Risk Management, Pg.42,
National Institute of Disaster Management, Ministry of Home Affairs (NIDM), 2013, available at
nidm.gov.in/PDF/modules/Legal_new.pdf

14
The Landslides are resulted due to variety of natural slope failure processes such as, weathering,
soil erosion, rainfall, high speed winds, earthquake or minor tremor, lack of vegetal cover along
hill slopes and hydrostatic imbalance within the hill slopes. Overall, the rainfall, cyclic and
regulargeomorphic processes and their agents which include mountain building processes can
cause landslides naturally. Several types of landslides and related terminologies based on the
type, speed and direction of sliding materials involved, are: soil creep, land/soil slip, translational
slip, rock/debris slump, rock/debris fall, etc.32
The Himalayan, the north-east hill ranges and the Western Ghats experience considerable
landslides activities of varying intensities. The rocks and debris carried by the rivers like Kosi
originating in Himalayas causes enormous landsides in the valleys. The seismic activities in the
Himalayan region also results in considerable landslide movement. The Cyclonic disturbance
due to heavy rainfall also leads to landslides in the Western Ghats.33

2.2.2 CAUSES AND EFFECT OF NATURL DISASTER

2.3 MAN MADE DISASTER

Man-made hazards often have major negative impacts on the environment. Mainstreaming
environmental aspects in all phases of disaster risk management; prevention, preparedness,
response and recovery, is of utmost importance to achieve sustainable and effective disaster risk
management.34

The UN Environment/OCHA Joint Unit represents an example for how the coordinated
collaboration between environmentalists and humanitarians in the field of man-made hazard
preparedness and response can ensure the consideration of environmental aspects throughout the
disaster management cycle, culminating in improved man-made hazard preparedness as well as
in the duly consideration of environmental aspects in hazard risk management.35

1. Nuclear Disaster

32
K. Palanivel ; J. Saravanavel; and S. Gunasekaran, Disaster Management, Pg. 29, Allied Publishers Ltd. New Delhi
33
Supra 15 Pg.14
34
https://www.unisdr.org/files/54012_manmadetechhazards.pdf accessed on 31st March 2022 at 11:50 pm
35
https://www.unisdr.org/files/54012_manmadetechhazards.pdf accessed on 31st March 2022 at 11:50 pm

15
International Atomic Energy Agency defines Nuclear Disaster as “an event that has led to
significant consequences to people, the environment or the facility 36” For example, incorporate
deadly impacts to people, extensive radioactivity discharge into nature, or reactor center
soften.37The prime example of a "major nuclear accident" is one in which a reactor core is
damaged and significant amounts of radiation are released, such as in the Chernobyl Disaster in
1986.38

A nuclear disaster could take several forms. The most evident would be an emergency at an
atomic reactor plant. Though the plant might not explode, the result of such a disaster would very
likely the release of massive amount of radiation and radioactive material into the environment
and it would take hundred years to rot to anything close “safe” levels.39

2. Chemical Disaster

A chemical incident is the uncontrolled release of a toxic substance, potentially resulting in harm
to public health and the environment. Chemical incidents can occur as a result of natural events,
or as a result of accidental or intentional events. These incidents can be sudden and acute or have
a slow onset when there is a ‘silent’ release of a chemical. They can also range from small
releases to full-scale major emergencies.40

Such mishaps are significant in terms of injuries, torment, enduring, loss of lives, harm to
property and condition. India kept on seeing a progression of substances mishaps even after
Bhopal had shown the defenselessness of the nation. Just decades ago, 130 noteworthy
concoction mischances announced in India, which came about into 259 passing and 563 number
of major harmed.41

36
Nuclear Disaster available at http://wbdmd.gov.in/
37
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.27, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020
38
Nuclear Disaster available at http://wbdmd.gov.in/
39
Supra 33. P.27-28
40
Chemical Incidents available at https://www.who.int/health-topics/chemical-incidents#tab=tab_1
41
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.29, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020

16
Bio-fear based oppression can be characterized as the utilization of organic operators to cause
demise, handicap or principally to individuals. Subsequently, bio psychological oppression is a
technique for fear-based oppressor action to win mass frenzy and moderate mass losses.

Biological disaster forces overwhelming requests on the national human services framework and
it will be the general wellbeing framework that will be called upon to deal with the outcomes. A
compelling general well-being framework with part of a solid infection reconnaissance
instrument, offices for quick epidemiological and research facility examination, proficient
therapeutic administration and data, training and correspondence (IEC) are fundamental
capacities for countering organic fiascos.

The basic insurance against regular and fake episodes of malady (bioterrorism) will incorporate
the improvement of instruments for provoke identification of early flare-ups, seclusion of the
tainted people and the general population they have been in contact with and preparation of
investigational and restorative countermeasures. On account of purposely created flare-ups
(bioterrorism) the range of conceivable pathogens is thin, while common flare-ups can have an
extensive variety of creatures, The component required be that as it may, to confront both can be
comparative if the specialist cooperative are sufficiently Sharpened.42

3. Fire

Fires are the mishaps which happen most regularly, whose causes are the most differing and
which require intercession strategies and methods adjusted to the conditions and needs of every
incident. A Centrally Sponsored Scheme for Strengthening of Fire and Emergency Service in the
country was launched in November 2009 at an outlay of 200 crores. The overall objective of the
scheme is to strengthen fire and emergency services in the country and progressively transform it
into Multi-Hazard Response Force capable of acting as first responder in all types of emergency
situations.43
Every year, a huge number of sections of land of timber land around the globe are obliterated or
debased by flame. Fire is frequently utilised as approach to clear land for different uses, for
example, planting crops. These flames not just change the structure and synthesis of the

42
Supra 41 Pg.31-32,
43
Disaster Management in India, Ministry of Home Affairs, Government of India, Pg. 93; available at
https://www.undp.org/content/dam/india/docs/disaster_management_in_india.pdf

17
backwoods, yet they can open timberlands to invasive species, undermine organic assorted
variety of the general population who live in and around the woodlands.44

4.1 Coal Fire

For generations, mankind has utilized coal as a source of heat and energy. It accounts for
approximately 30% of total global energy use, generating 41% of the world’s electricity. While
the percentage of global energy provided by coal decreased in recent years, the total production
of coal continues to increase to meet the rising energy demands of the developing world. It is
safe to assume then, that coal will remain an important energy resource for many years to
come.45

Coal fires consuming the world over are a natural calamity described by the emanation of
harmful gases, particulate issue, and buildup side-effects. Underground mind flames and burning
culm banks touched of by characteristic causes or human blunder are in charge of climatic
contamination, corrosive rain, risky land subsidence, the decimation of botanical and faunal
territories, human fatalities, and expanded coronary and respiratory maladies.46

Other than demolition of the influenced zones, coal fires regularly emit lethal gases, including
carbon monoxide and sulfur dioxide. China’s coal fires, which devour an expected 20-200
million tons of coal a year, make up as much as 1% of the worldwide carbon dioxide discharges
from fossil fuels.47

4.2. Oil Fire

Oil fires are more difficult to quench than consistent fires because of the tremendous fuel supply
for the fire. In battling a fire at a wellhead, normally high explosives, for example, dynamites,
are utilised to make a shockwave that pushes the consuming fuel, and oxygen far from a well.
The flame evacuated and the fuel can keep on spilling out without bursting into fire. 48

44
Supra 34
45
Tomlinson, T. (2014). Coal fires: an Environmental Disaster. Chemical Engineering Undergraduate Honors Theses
Retrieved from https://scholarworks.uark.edu/cheguht/70
46
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.35, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020
47
Ibid
48
Ibid at pg. 35

18
The Baghjan oil fire in Assam is the longest oil fire which burned for160 days. All attempts to
douse the fire in the oil field operated by the Oil India Limited (OIL) have proven futile. On
many occasions, the fire appeared to have come "under control" only rage again later with the
same ferocity.49

In 1960s, an oil well fire in the Sibsagar district of Assam took about 90 days to contain. A
similar fire caused by a blowout at Pasarlapudi in the East Godawari district of Andhra Pradesh
in 1995 took 65 days to control. In Assam again, a fire at the Dikom oil well in Dibrugarh
district, which neighbours Tinsukia, took 45 days to be put off completely in 200550.

Oil fires can cause the loss of a large number, of barrels of raw petroleum everyday. It effects
ecological imbalance caused by a lot of smoke and un-burnt oil falling back to earth and also can
cause tremendous financial loss. Smoke from consumed unrefined petroleum contains numerous
synthetic substances, including sulphur-dioxide, carbon, monoxide, residue, benzopyrene, poly
sweet-smelling hydrocarbons, and dioxins. Exposure to oil fire can cause the gulf war disorder.

4.3 Forest Fire

The most widely hazard in forest is forest fire. Forest fires are as old as the forest themselves.
They represent a danger to the forest as well as to the whole administration to fauna and greenery
genuinely irritating the bio-decent variety and the biology and condition of an area. Amid
summer, when there is no rain for quite a long-time, the forest wind up covered with dry
senescent leaves and twinges, which could blast into flares touched off by the scarcest start.

Forest fire causes lopsided characteristic in nature and imperils biodiversity, by diminishing
faunal and botanical wealth. Traditional strategies for flame anticipation are not preventive and it
is now raising awareness on the issue, especially among those individuals who live near or in
forest zone.
Fire prevention, detection and suppression activities are state subjects. The Central Government
has been formulating policy, planning and financing the states from time to time. Forest
Protection Division of Ministry of Forests headed by DIG of Forests is responsible for the forest
49
https://www.indiatoday.in/india/story/assam-baghjan-oil-well-fire-ngt-report-1737938-2020-11-04 accessed on
17 April 2022
50
https://www.indiatoday.in/india/story/assam-baghjan-oil-well-fire-ngt-report-1737938-2020-11-04 accessed on
17 April 2022

19
fire management at the central level. The Joint Forest Management Committees, 36,165 in
number across the country, have been given the responsibility to protect the forests from fires.
The Central Government has issued the National Forest Fire, Prevention and Control guidelines
and has also worked on a National Master Plan on Forest Fire Control.51

4. Road Accident

Road accidents continue to be a leading cause of death, disabilities and hospitalization in the
country despite our commitment and efforts. India ranks first in the number of road accident
deaths across the 199 countries and accounts for almost 11% of the accident related deaths in the
World. As per the Road Accident Report for 2019, a total number of 449,002 accidents took
place in the country during the calendar year 2019leading to 151,113 deaths and 451,361
injuries. In percentage terms, the number of accidents decreased by 3.86 % in 2019.52

Protection Measures:

As road accidents, it is vital to make the difference between those happening on motorways or
highway and those occurring on different streets, remembering the extraordinary directions that
may oversee certain routes courses or sensitive areas. Operational controls of accident on street,
are at first operationalised by the traffic, rescue management team of the focal point of the
motorway, which is cautioned by witnesses or by a police. If possible special disaster
management team, specialist, health specialists can also be called upon to help. A special plan
for the management will be executed. Road accidents other than the highway or motorway
accidents go under the control of the political experts of the region in which it happen, who
ensure the initial inter, ventions utilising the methods available to them. If there should arise a
terrible accidents, a higher administration level will be called upon to intervene and direct the
activities. 53

51
Disaster Management in India, Ministry of Home Affairs, Government of India, Pg. 96; available at
https://www.undp.org/content/dam/india/docs/disaster_management_in_india.pdf
52
Road Accidents in India, 2019, Ministry of Road Transport and Highway Transports Research Wings, New Delhi,
available at https://morth.nic.in/sites/default/files/RA_Uploading.pdf accessed on 17 April 2022.
53
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.44, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020

20
 5. Train Accident

Rail accidents happen when trains going on similar tracks collide or when trains derail because
of technical fault specialised blames in the moving stock, the rails or the security personnel, or as
a result of climatic hazards such as landslides, avalanches or terrorists attack. Such types of
accident cause direct or indirect harm to individuals and nature, particularly when people
carrying inflammable articles in the trains. This can only be avoided by prevention and
protective measures such as establishing laws and regulations, trained personnel. Signal system,
etc. that limit specialised and human disappointments and malevolent assaults. For example,
Indian Railway passenger train crashed into a crowd of people in Amritsar, Punjab on 19
October, 2018. The accident occurred in the evening, killing about 59 people and 100 were
injured.54

Protective Measures

If there should be an occurrence of rail mishaps, the alert, observation and rescue will be
controlled by the regional traffic control centre of the rail or by the nearest station. The local
authorities can take control of the preliminary prevention by coordinating with the other
authorities such as police, fire protection, doctors, etc. Besides these red alerts for rail accidents
can be initiated by higher political experts. Security, research, safeguard and help measures will
rely on the intervention strategies managed by the mischance and the methods accessible.

6. Air Accident
An air crash is a devastating event. The immediate and long-range human loss cannot be
fully measured, much less adequately compensated. 55 Air accident can be of normal,

54
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.44, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020
55
Don M. Chance and Stephen P. Ferris, The Effect of Aviation Disasters on the Air Transport Industry: A Financial
Market Perspective, Journal of Transport Economics and Policy , May, 1987, Vol. 21, available at
https://www.jstor.org/stable/20052813

21
 specialised or human cause, for example, mechanical breakdowns, carelessness or fear-
based oppressor assaults. Normally, small aircrafts such as helicopters, light planes,
lightweight flyers do not cause any calamities, since the quantity of casualties and the
effect of the accident is constrained. This is not the situation for substantial flying
machine, for example, transport planes or fly warriors, despite the fact that mischances
including this sort of air ship are generally uncommon, when they do happen, usually in
the border of runways and in the pivot of take-off and runways. The most serious risk
emerges from the radioactivity exuding from an atomic reactor fueling such a vector. 56
7. Sea Accident

Oceanic catastrophes have enormously lessened, basically in view of enhanced boats and more
navigation systems, yet most likely additionally as a result of the expanding and semi selective
utilization of business flying for traveler transport, at any rate for worldwide travel. Along these
lines, most mishaps currently happen when crossing ocean channels or estuaries and include
overburden or old vessels. Also, ferry boats have also been associated with imperative fiascos on
account of their insecurity in terrible climate, specialised issues or navigational mistakes. The
major environmental debacles have happened when petroleum tankers have steered into the
rocks, in light of the loss of compartments of risky items or even in view of the consider
dumping of these items (squander). It is essential to keep this to the degree conceivable by
guaranteeing the regard of national and global directions through incessant and serious check
up.57

2.4 IMPACT OF DISASTER

1. Ecological Effects

Debacles can have any number or mix of four impacts:

i. Obliteration and harm to homes and structure;

56
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.45, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020

57
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.46, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020

22
 ii. Diminished amount or nature of supply of water;
iii. Devastation of yields and additionally sustenance stocks; and
iv. The nearness of unburied human bodies and creature bodies.

These ecological impacts shift extensively from calamity to catastrophe. For instance, seismic
tremors influence structures however as a rule not crops, while tropical typhoons effect both.

2. Effect on Health

The impact a disaster has on an affected population’s health is far from predictable. A variety of
factors influence the spread of disease and other health-related issues following an event. And,
many can be mitigated with thoughtful pre-planning since one of the key factors related to
disease spread and health after a disaster is connected to access. This is dependent upon the
amount of destruction the disaster causes and the displacement of medical professionals and
evacuees. Disaster preparedness efforts that consider, for example, health facility capabilities,
reproductive health, mental health and water, sanitation and hygiene greatly lessen the toll of
sickness on impacted populations.58

A prime example of a catastrophic failure in public health occurred in Puerto Rico in the wake of
2017’s Hurricane Maria. The official death toll from the Category 4 hurricane stood at 64 for
months after the storm because the disaster strained resources to the point where the dead were
not counted or the government was uncertain how to determine what constituted a disaster-
related death. In August 2018, the death toll was raised to 2,975 after more thorough
research through an independent study. Puerto Rico was already struggling to maintain its public
health before Maria significantly damaged key infrastructure across the island. Not only did
hospitals receive direct damage in the storm, some were unable to access electricity or fuel for
generators for significant amounts of time.59

In December 2019 an outbreak of pandemic COVID-19 which effected whole world, WHO
declared it as pandemic. It has 50,01,86,525 confirmed cases and 61,90,349 confirmed death
cases and still counting.60 The COVID has started spreading again in the world. The governments
of all the countries are focused to control the spread of COVID cases.
58
https://disasterphilanthropy.org/resources/public-health/
59
https://disasterphilanthropy.org/resources/public-health/
60
https://www.who.int/emergencies/diseases/novel-coronavirus-2019 accessed on 17th April, 2022

23
 3. Economic Loss

Disasters lead to enormous economic losses that are both immediate as well as long term in
nature and demand additional revenues. Furthermore, catastrophes diminish revenues in the
affected region owing to lower levels of economic activity, resulting in direct and indirect tax
losses. Furthermore, unanticipated fiscal allocations to catastrophe recovery might stymie
development efforts and result in missed developmental goals.61

4. Financial, Social, and Political Effects

Once a natural disaster passes there is huge spike in expenditure to fix what’s broken. A lot of
resources and assets get destroyed and replacing them takes a ton of money. A lot of people are
left homeless and unable to return to their normal lives. There is also a huge loss of life and these
disasters also leave a lot of people injured and needing medical attention.62

Calamities disturb as opposed to crush economies. Amid a crisis, individuals must leave their
occupations and dedicate their opportunity to fiasco related exercises, for example, inquiry and
protect, or to care of survivors. Amid this period typical financial exercises are extremely
diminished, regardless of whether the wellsprings of business are unaffected by the catastrophe.
This period is fleeting, be that as it may, and in the later periods of a catastrophe financial
exercises rapidly expect a high need for the two organisations and casualties alike. Regardless of
whether an economy can recoup rapidly relies upon the misfortunes managed. Physical harm to
organisations and industry may incidentally end a few exercises, yet most endeavours can work
at lessened levels even with the loss of hardware. Frequently the specialists in a harmed
manufacturing plant can be given something to do repairing or remake the office. Regardless, the
loss of occupations is typically just impermanent.

A few spectators have noticed that blast economies regularly create after an across the board
calamity, for example, a seismic tremor or sea tempest requiring major physical reproduction.
Long haul impacts are not yet known, but rather no less than on examination demonstrate that of
low-wage casualties are given need in work of contracting, blast economies can be a methods for
changing a portion of the misfortune.

61
Ibid
62
https://www.positivenegativeeffects.com/natural-disasters accessed on 17th April 2022

24
 5. Impact on Agriculture
 The farming segment—including crops, domesticated animals, fisheries and ranger
service—retains roughly 22°o of the monetary effect caused by mediumand expansive
scale common perils and calamities in creating nations;
 The high effect of normal dangers and calamities on agribusiness calls for improved
mainstreaming of fiasco chance decrease and versatility working inside the farming parts;
 There are real information holes on the effect of common risks and calamities on the
agribusiness areas in creating nations. This area particular information must be efficiently
gathered and incorporated into national and global catastrophe misfortune databases to
better advise proper hazard decrease arrangements and ventures for and inside the
division;
 The farming areas should be activated as proactive usage accomplices for the conveyance
of the post-2015 system on catastrophe hazard decrease in order to upgrade nearby
activity and manufacture strength of the most defenseless, which are frequently
additionally the most nourishment shaky.

6. Impact on Environment

There are also environmental impacts after a natural disaster takes place. There is a mass
amount of destruction to the wildlife and we also loose important resources such as trees.
Hurricanes, storms and floods also take with them tons of natural resources such as soil when
they pass. The loss of huge populations of wildlife can lead some species to extinction. The
after effects also might cause further issues. For example, Floods have been known to mix
two ecosystems like bringing in new species into a new territory and this might cause the
native species to have a harder time surviving.63

7. Displacement of large groups of people

Natural disasters like drought, floods, landslides, earthquakes, wildfires, and tsunami have
caused many to displace from their homes. In India, the rural population migrating to nearby
63
https://www.positivenegativeeffects.com/natural-disasters

25
cities after the severe drought is a common sight. Their livelihood is taken away and they have to
make do with whatever work available in cities. This creates a burden on the resources of the
cities also. Further, most of the displaced population get stagnated in the cities permanently. The
problems faced by the displaced population include: 64

i. Poor shelters and sanitation facilities

ii. Unsafe water
iii. Poor quality food which leads to malnutrition
iv. Loss of property and fear of future
v. Experiencing trauma and depression
vi. Women and children needing better protection
vii. Loss of important documents to ascertain the identity needed to receive aid

Positive Impact of Disaster

Disasters are not welcome but they do come. While it does massive destructions, it also has some
ecological benefits. However, it should not be construed that we are finding good out of bad.

1. Impact on Environment

Heavy rains, storm, and hurricanes transfer heat from the tropic to the poles and balance the
climatic conditions. Hurricanes and storms redistribute the top soil and benefit agriculture.
Floods bring in nutrients that were deposited along the way elsewhere. Volcanoes when they
erupt bring up the nutrients that were trapped in the earth’s deep insides and enrich the soil. They
also release useful chemicals like hydrogen and carbon dioxide which are part of the water cycle.
They also create land mass and hence new islands.65

64
Dr P Rengarajan and Dr Mahesh Kulkarni , Disaster Negative and Positive Effects, available at
https://www.researchgate.net/publication/348754313 accessed on 17th April 2022.

65
Dr P Rengarajan and Dr Mahesh Kulkarni , Disaster Negative and Positive Effects, available at
https://www.researchgate.net/publication/348754313 accessed on 17th April 2022.

26
 2. Positive effects on human behaviour

At times of crisis, human beings come forward to save people and nurse the wounded.
Volunteers crop up and try to save people even at the cost of their own life. Neighbours help
spontaneously by giving food, shelter and clothes. Charity comes in the form of money and
materials from all directions irrespective of caste, religion, region or creed. There is a general
atmosphere of feeling sad for the affected ones.66

Other positive Impact of man-made disaster 67

1. People learn to appreciate the power of nature. We should not take it for granted. It gives
a sense of clarity on the out- look for life.
2. The birth of League of Nations and the United Nations after the First World War and
Second World War respectively prove to be the way positive in a composite world.
3. The security checks in the airports were the result of countering the terrorism during air
travel. Security has become the watch word in every aspect of human endeavour.
4. Cyber Security is becoming a science by itself to counter internet hacking. In general,
security has become the watch word in every aspect of human endeavour.
5. Crowd Management has become an art and science to contain mob- violence and human
stampede.

66
Ibid.
67
Ibid.

27
 Chapter 3

INTERNATIONAL LAWS ON DISASTER MANAGEMENT

Disaster Management is an important issue that cannot be addressed by the Government alone. It
calls for a convergence of efforts from both agencies and institutions to undertake various types
of tasks at various stages of the disaster management cycle. The Policy distils key
recommendations from international conventions and protocols on disaster management and
adapts them to the overall country programme. This, in practical terms, should be reflected in a
coordinated and harmonized disaster management approach that links national, regional and
international strategies. The UN views such an approach as an extremely important issue because
any national policy which is at variance with international standards can have serious
implications for the conduct and realization of disaster management goals and strategies. Today,
a malfunction in the disaster management mechanism in some remote community in the Upper
River Region could have wider far reaching disastrous consequences elsewhere.68
68
Shaw.R and Krishnamurthy’s. Disaster Management: Global challenges and local solutions, Pub University Press,
Yr 2009, p.270-284

28
At the UN, a series of policy documents and reforms underpinned the new disaster management
agenda: ISDR 2002 publication entitled living with Risk: A Global review of disaster reduction
initiatives. Prior to this publication, the UN General Assembly declared 1990-1999 the
International decade for national disaster reduction and in 2000, the UN General Assembly
founded the ISDR (International Strategy for Disaster Reduction), a coalition of governments,
UN agencies, regional organizations and civil society organizations.

In 2005, a major reform within the UN system resulted in some UN agencies, in particular the
UNDP, becoming increasingly concerned about disaster risk issues by actively engaging in
enhancing disaster risk programmes at country level. The road map towards the implementation
of the United Nations Millennium Declaration (Secretary-General’s Report to the General
Assembly) touches on areas which are closely linked to vulnerability to natural hazards such as
ensuring environmental stability, the eradication of extreme poverty and hunger and promoting
gender equality.

International disaster relief law (IDRL) is an emerging area of international law designed
specifically to improve the humanitarian response to natural disasters. It thus fills both a gap and
a need, given the focus of IHL upon conflict situations and the increasing frequency and impact
of natural disasters. In a process led by the IFRC, IDRL draws on existing law, rules, principles
and guidance. It aims to contribute to a more effective oversight and regulation of the disaster
response by local authorities while pushing towards more effective and accountable relief
efforts.69

3.1 International Strategy for Disaster Reduction (ISDR)

The ISDR goes for building disaster resilient communities by advancing expanded attention to
the significance of disaster reduction as a necessary part of sustainable development, with the
objective of lessening human, social, monetary and ecological misfortunes because of natural as
well as man-made disaster.70

Function and Responsibilities

69
https://phap.org/PHAP/Sect accessed on 29th April, 2022 at 15:18
70
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.54, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020

29
The International Strategy for Disaster Reduction (ISDR) was embraced by United Nation
members in 2000 and is owned by neighbourhood, national, local and international
organizations. UNISDR is driven by a Secretary-General for disaster risk reduction and
administered by the Under-Secretary General Humanitarian Affairs, who serves as the Chair for
the wider ISDR system of partnerships. The order of UNISDR is to go about as the point of
convergence in the United Nation System for the coordination of disaster reduction and to ensure
that disaster risk reduction winds up fundamental part to sound and impartial improvement,
natural security and humanitarian activity.

ISDR components: The different mechanisms have been created to accomplish the missions
which are specified as follows:

 The biennial Global Platform for Disaster Risk Reduction (GFDRR) goes about as the
principle worldwide gathering for proceeded and purposeful accentuation on disaster
reduction disaster reduction. Open to all states and the ISDR partners, it basically
evaluates the progress made in the execution of the HFA, upgrades consciousness of
disaster risk reduction, share experiences and gain from great practices, and identifying
gaps and vital activities to quicken national and local implementation. 71
 It goes about as provincial stages for disaster risk reduction, including ministries
gathering, driven by regional intergovernmental associations.
 It acts as a venue for joint work programming among the organisations (FAO, IFRC,
ILO, OCHA, UNDP, UNEP, UNESCO, UNICEF, WFP, WHO, WMO and the World
Bank). UN organisations give information items and help to provide details regarding
improvements (for example, early cautioning, recuperation, training, chance recognisable
proof) and so on.
 The Under-Secretary-General for Humanitarian Affairs managed board with its wings
(OCHA, UNDG; the World Bank; WMO; UNEP; and IFRC). This Board underpins the
seat in giving UN framework wide initiative and high level support for disaster risk
reduction.
71
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.55, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020

30
  Scientific committee, worldwide NGO system for DRR, gender and disaster, media
groupings, parliamentarian members and state, which take an interest effectively in
ISDR, are called upon in GA and HFA goals to build up multi-partner national stage for
disaster risk reduction.

3.2 The United Nations Convention to Combat Desertification (UNCCD)

The United Nations Convention to Combat Desertification (UNCCD) is an internationally
recognized, legally binding instrument that addresses the problem of land degradation in dry land
rural areas. The convention was established in 1994, and there are currently 195 UN members
that are party to it. Through the Global Environment Facility, it funds projects aimed at
combating desertification problems in Africa and elsewhere. Dry lands constitute about 41.2
percent of the earth’s surface and support more than 2.1 billion people. Between 10 and 20
percent of dry lands are degraded or unproductive. Land degradation affects one-third of the
planet’s land surface and threatens the health and livelihoods of more than 1.5 billion people in
167 countries. In its resolution A/Res/58/211 of December 23, 2003, the United Nations General
Assembly proclaimed 2006 as the International Year of Deserts and Desertification (IYDD) to
raise public awareness of the issue and protect the biological diversity of deserts as well as the
traditional knowledge of those communities affected by desertification. That effort helped to
raise awareness of desertification as a major threat to humanity.72
In 2007, UNCCD released a 10-year strategy (2008–2018). The period from 2010 to 2020 was
subsequently named the United Nations Decade for Deserts and the Fight Against
Desertification.
The purpose of this effort is to:
 raise awareness of the causes of and solutions to ongoing land degradation and
desertification
 mobilize financial and technical assistance to support special initiatives; and
 monitor and report on the progress of efforts to combat desertification.

3.3 UN Sendai Framework for Disaster Risk Reduction 2015–2030 (SFDRR)

72
Damon P. Coppola, Introduction to International Disaster Management, pg. 72, Butterworth-Heinemann
publications, UK available at http://books.elsevier.com/security accessed on 29th April, 2022 at 4:00 pm

31
3.4 Hyogo Framework for Action

The current thinking on disaster risk management is largely reflect "Hyogo Framework for
Action (HFA) 2005-15 - Building the Resilience of Nations and Communities to Disasters
(UNISDR 2005), which is a non binding policy framework endorsed by at the Second un World
Conference on Disaster Reduction held in Kobe in 2005. The United Nations Office for Disaster
Risk Reduction (UNISDR) has been monitoring the progress made by each nation in the
implementation of HFA. The current HFA will come to an end in 2015 and the post-2015
framework will be finalised at the Third UN World Conference on Disaster Risk Reduction,
scheduled to be held in Sendai (Japan) in March 2015 (UNISDR 2012). In the run-up to this
major event, disaster risk and development specialists are questioning the fundamental premises
of disaster risk and the current HFA.73

The expected outcome HFA strives to achieve is "the substantial reduction disaster losses in lives
and in the social economic and environmental assets of communities and countries" (UNISDR)
2005 highlights the disaster risk reduction paradigm embodied in the HFA.74

Deficiencies of the Paradigm

The fundamental problem with the current HFA is that it treats disasters exogenous shock which
need to be reduced in order to protect the development process. This is the essence of the disaster
risk reduction paradigm underlying the current HFA. It is simple and intuitively appealing.
Unfortunately it is also the root cause of a series that vexing problems that become intractable in
the current framework.

This fundamental flaw can readily explain why increasing implementation of HFA has been
particularly unsuccessful in halting or reversing the accumulation of risk. To illustrate, consider
the development processes involving underground water extraction, landfill, or building a dam in
a seismically active zone, all of which are known to have an impact on the possibility and
severity of earthquakes. The gains of these development activities will be cornered by the

73
Vinay Asthana, ‘Disaster Risk Management: Shifting Paradigm’ vol.49, Economic and Political Weekly, pg.18, 2014
available at https://www.jstor.org/stable/24480727 accessed on 20th April, 2022.
74
Ibid.

32
beneficiaries (privatisation of development gains), but if an earthquake occurs, the disaster losses
will be borne by all (socilaistion disaster losses).

3.5 International Disaster Relief Law (IDRL)

International Disaster Relief Law is not a comprehensive or unified framework. There are no
core international treaties, such as the Geneva Conventions and Additional Protocols under IHL.
Rather, It is made up of a patchwork of international, regional, and bilateral treaties, as well as
non-binding resolutions, declarations, rules, guidelines, protocols, and processes. This includes
relevant provisions of international treaties in other areas of law, such as international human
rights law, international refugee law and IHL (in the case of conflict situations). 75
The guidelines' content is mostly based on international laws, regulations, conventions, and
principles, as well as lessons and best practices from the area. The guidelines have gained
widespread worldwide acceptance. At the International Conference of the Red Cross and Red
Crescent in 2007, state parties to the Geneva Conventions accepted these rules. Furthermore,
numerous nations have already enacted new legislation or administrative rules that are based on
or inspired by the recommendations.76
The International Law Commission (ILC), a UN expert body with codifying customary
international law, has also been working to improve disaster response frameworks. Its 'Protection
of Persons in the Event of Disasters' initiative aims to create a legally binding framework on a
worldwide scale.77

3.6 Global Fire Monitoring Centre (GFMC)

In 1996 the United Nations Food and Agriculture Organisation (FAO) proposed the
establishment of a global fire management facility. The government of Germany provided initial
funding for this center in 1998, which was designated the Global Fire Monitoring Center
(GFMC). The GFMC was inaugurated in October of that year.78

75
https://gsdrc.org/topic-guides/international-legal-frameworks-for-humanitarian-action/challenges/the-
emergence-of-international-disaster-response-laws-rules-and-principles/ visited on 20 April 2022
76
Id.
77
Ibid.
78
Damon P. Coppola, Introduction to Disaster Management, Butterworth-Heinemann publications, pg. 86, UK
available at http://books.elsevier.com/security accessed on 29th April, 2022 at 4:00 pm

33
The GFMC serves as a global information portal containing documentation, information, and
monitoring on wildfire risk and activity. It is publicly accessible through the Internet. The
Center’s regularly updated national to global wild and fire products are generated by a
worldwide network of cooperating institutions, and include:79
 Early warning of fire danger and near-real time monitoring of fire events.
 Interpretation, synthesis and archive of global fire information
 Support of local, national, and international entities to develop long-term strategies or
policies for wild land fire management, including community-based fire management
approaches and advanced wild land fire management training for decision makers
 Service as advisory body to the UN system through the coordination of the UNISDR
Wild land Fire Advisory Group and the ISDR Global Wild land Fire Network
 Provision of emergency hotline and liaison capabilities to enable assistance with rapid
assessment and decision support in response to wild land fire emergencies under
cooperative agreements with OCHA, Emergency Services Branch, and the WSSD
Environmental Emergencies Partnership

3.7 United Nations Development Programme (UNDP)

UNDP focuses primarily on the development-related aspects of disaster risks and occurrences,
and on providing technical assistance to institution-building in relation to all aspects of disaster
management.80

Its emphasis is therefore on:81

a) Incorporating long-term risk reduction and preparedness measures in normal development

planning and programs, including support for specific mitigation measures where required.

79
Id
80
http://www.nzdl.org/cgi-bin/library accessed on 21 April, 2022
81
Ibid.

34
b) Assisting in the planning and implementation of post-disaster rehabilitation and
reconstruction, including the definition of new development strategies that incorporate risk
reduction measures relevant to the affected area.

c) Reviewing the impact of large settlements of refugees or displaced persons on development,

and seeking ways to incorporate the refugees and displaced persons in development strategies.

d) Providing technical assistance to the authorities managing major emergency assistance

operations of extended duration (especially in relation to displaced persons and the possibilities
for achieving durable solutions in such cases).

In addition, UNDP provides administrative and operational support to the resident coordinator
function, particularly at country level, but also at headquarters.

In the event of a disaster, UNDP may grant a maximum of $50,000 from SPR funds to provide
immediate relief. UNDP is not otherwise involved in the provision of “relief using any of its own
resources or other funds administered by the Program.82

Where a major emergency substantially affects the whole development process within a country,
IPF resources may be used to provide technical assistance to plan and manage the operation, with
the agreement of the Government.

Technical and material assistance in support of long-term risk reduction and preparedness
measures is included in the country program, and may be funded from IPF resources or from
other UNDP-administered funds. The same can also be used to assist rehabilitation and
reconstruction. Special additional grants (up to $1.1 million) may be made from SPR funds for
technical assistance to such post-disaster recovery efforts following natural disasters. 83

3.8 United Nations Disaster Relief Organisation (UNDRO)

UNDRO is the focal point for disaster management in the UN system (except in those countries
where a UN Emergency Unit is established). In relief it provides a framework for coordination of

82
Supra at 88
83
http://www.nzdl.org/cgi-bin/library accessed on 21 April, 2022

35
assistance by the UN agencies and helps to coordinate such assistance with that from other
sources. In addition, UNDRO has an important role in mobilizing external assistance and serving
as a clearing house for information concerning disasters. In the area of mitigation, UNDRO
promotes long-term measures to reduce disaster-related risks and enhance preparedness in
disaster-prone countries. UNDRO is represented at country level on a permanent basis by the
resident coordinator/representative84.

Coordination at headquarters level is often effected by contacts between the Head of Agencies
concerned at the beginning of a relief operation, and through frequent ongoing contacts between
the relevant focal points. At the country level, coordination is undertaken by the resident
coordinator who is also the UNDRO representative. Whenever possible and required, UNDRO
supports the resident coordinator by dispatching an UNDRO delegate or emergency assistance
team.

UNDRO concentrates on problems related to natural hazards and sudden disasters, but as its
mandate covers all kinds of emergencies UNDRO may also offer its services and advice in
situations including droughts, and cases of war and civil conflicts, unless and until the Secretary-
General makes other arrangements.

Following a disaster, UNDRO, acting on behalf of the Secretary-General, offers its services to
the Government of the disaster-stricken state in assessing the need for external relief assistance,
and communicating that information to prospective donors and others concerned. (Contacts with
the Government are conducted through the resident coordinator/representative and the country’s
mission in Geneva or New York.) Where international assistance is required or requested,
UNDRO:

· Helps to identify priority needs on the basis of information from the Government, the resident
coordinator/representative, UN-DMT, and other competent bodies.

· Releases international appeals and serves as a clearinghouse for data on needs and
contributions, as well as the aid provided or planned by all donors and the status of relief efforts.

84
Ibid

36
· Seeks to mobilize resources and coordinate relief assistance by various UN organizations and
agencies, bilateral donors, and inter- and non-governmental organizations and administers funds
channelled through it.

Depending on the particular situation after consultations, wherever possible, with the
Government or the resident coordinator/representative, UNDRO may:85

· Assign one or more delegates on mission to assist the national authorities in organizing the
assessment and administering relief operations, and assist the resident coordinator/representative
in information management, the local coordination of international relief assistance, and in his
reporting responsibilities to UNDRO.

· Provide logistic support to ensure the timely arrival of relief supplies and their prompt delivery
to the affected population. This may include organizing shared or joint relief flights.

The Coordinator may approve a grant of up to US$ 50,000 per disaster from funds available to
UNDRO, subject to certain conditions. In some situations, UNDRO can release supplies from the
emergency stockpile it administers in Pisa, Italy.

3.9 Tampere Convention on the provision of Telecommunication Resources for Disaster

Mitigation and Relief Operations, 1999

The Tampere Convention is a life saving treaty aimed at facilitating the use of
telecommunication resources and assistance for disaster mitigation and relief. It establishes an
international framework for states to co-operate among themselves and with non state entities
and intergovernmental organizations. It is binding on the States who have signed or acceded and
ratified to it. So far (September 2007), only 37 States have ratified the Tampere Convention 86 by
2018 the number of member states have been increased to 49 and 60 signatories.87
The convention aims to simplify and reinforce the methods by which international disaster
responders can bring telecommunications equipment across borders and use it in their activities
85
http://www.nzdl.org/cgi-bin/library accessed on 21 April, 2022
86
Michael H. Hoffman, International disaster response laws, principles and practice: reflections, prospects and
challenges (2000), Rutledge publishers, p19.
87
https://www.itu.int/en/ITU-D/Emergency-Telecommunications/Pages/TampereConvention.aspx visited on 3
May, 2022 at 8:59 AM

37
during and after an incident. It requires state parties to lower or eliminate regulatory barriers and
to grant international relief providers the requisite privileges, immunities, and facilities. The
convention, on the other hand, recognises state parties' sovereign interests by giving them
significant latitude in how they carry out their responsibilities and ensuring that they retain
primary responsibility in relief coordination within their own boundaries.

3.10 UN Convention on the privileges and immunities of the United Nations, 1946.

The UN Convention on the privileges and immunities of the United Nations was adopted by the
GA in 1946 and entered into force the same year. It currently has 153 States party to it
(September 2007), the recent change in the members of the State party increased to 162 (May
2022).88 The convention elaborates further on articles 104 and 105 of the Charter of the United
Nations in view of determining and clarifying the legal status, rights, privileges and immunities
of the United Nations and its personnel as are necessary for the fulfillment of their function. The
convention determines
i. The jurisdictional personality of the organization (Legal Personality)

ii. The status of property, funds and assets of the UN,

iii. The facilities in respect of communications (conditions for the use of official
communications, use of codes, etc.,)
iv. The status of the representatives of Member States (While exercising functions in relation
to the organization)
v. The status of officials of the organization:

vi. The status of experts on mission for the UN,

vii. The rules applying to the UN. Laissez Passer (LP) ; and

viii. The specific rules regarding the settlement of disputes arising out of contracts or other
disputes of a private law character to which the UN is a party; and disputes involving any
official of the UN who by reason of his official position enjoys immunity, if immunity
has not been waived by the Secretary-General.89
88
https://treaties.un.org/ visited on 2 May, 2022 at 10:12 AM
89
Privileges and Immunities of the United Nations, opened for signature 13 February 1946, (entered into force 17
September 1946), p.32

38
3.11 ASEAN Agreement on Disaster Management and Emergency Assistance, 2005.
The ASEAN Agreement on Disaster Management and Emergency Response (AADMER), a
legally binding regional agreement, was signed in 2005 and ratified on 24 December 2009 to
address concerns of vulnerability to natural disasters which are increasing in intensity and
frequency, and to guide the regional cooperation in the field of disaster management and
response. Since its inception, it has galvanised ASEAN to take concrete action towards building
a safe and united ASEAN Community through disaster risk reduction and climate change
adaptation initiatives.90
All ten ASEAN Member Countries Signed the Agreement on 26th July 2005 in Vientiane, Lao
PDR. However, the Agreement will only enter into force after all of the ten countries ratify it. So
far (September 2007) four countries, namely Malaysia, Laos FDR, Myanmar and Thailand have
ratified the Agreement. Once entered into force, the Agreement will to provide a frame work for
the development of operational procedures to respond collectively and expeditiously to disasters.

The Agreement includes general provisions on disaster risk identification, assessment and
monitoring, on disaster prevention and mitigation, on preparedness, emergency response and
rehabilitation as well as specific provisions for the movement of relief assistance, expedited
customs and immigration clearance, etc.,
The AADMER Work Programme 2021-2025 was formed on the foundation given out by the
AADMER itself, with the goal of sustaining the momentum built by the ASEAN in over a
decade on regional disaster management cooperation. It is guided by the AADMER's vision to
"create a region of disaster-resilient states, mutually aiding and complementing one another,
sharing a shared bond in minimising disaster-related adverse consequences in the quest of safer
communities and sustainable development." "Enhance and support ASEAN's disaster risk
reduction and disaster management capabilities through inter-sectoral cooperation, capacity
building, scalable innovation, resource mobilisation, new partnerships, and stronger coordination
among ASEAN Member States," the mission states for the period 2021-2025.91
90
Available at https://www.preventionweb.net accessed on May 2, 2022 at 10:41 AM
91
ASEAN AGREEMENT ON DISASTER MANAGEMENT AND EMERGENCY RESPONSE (AADMER) WORK PROGRAMME
2021-2025 available at https://www.preventionweb.net accessed on May 2, 2022 at 10:41 AM

39
 Chapter – 4

DISASTER MANAGEMENT IN INDIA

India has been vulnerable to natural disasters on account of its unique geo-climatic conditions.
Floods, droughts, cyclones, earthquakes and landslides have been recurring phenomena. Around
60% of the landmass is vulnerable to earthquakes of varying magnitudes; over 40 million
hectares are vulnerable to floods; cyclones affect 8% of the total area; and drought affects 68
percent of the continent. Every year between 1990 and 2000, an average of 4344 people died and
nearly 30 million people were impacted by catastrophes. The loss of private, municipal, and
government assets has been enormous.92

The Indian government has implemented a paradigm change in disaster management during the
last few years. The new strategy is based on the belief that growth will not be sustainable until
catastrophe mitigation is factored into the planning process. Another important aspect of the
strategy is that mitigation must be multidisciplinary, including all aspects of development. The
new approach was also based on the assumption that mitigation expenditures are far more cost
efficient than relief and rehabilitation.

92
Disaster Management in India, Government of India, Ministry of Home Affairs available at
https://www.unisdr.org/2005/mdgs-drr/national-reports/India-report.pdf

40
The poor and under-privileged are the ones who suffer the most as a result of tragedies and
disasters, hence disaster management plays a significant role in this country's policy
framework.93

4.1 CONSTITUTIONAL PERSPECTIVE

The Indian Constitution makes no specific provisions for disaster management. Despite having
one of the world's longest constitutions, the absence of disaster management from the document
is likely due to three interconnected reasons:

Firstly, a constitution, as the supreme law of the land, is usually a collection of basic laws that
outline the fundamental contours of a polity, including detailed provisions on fundamental rights
and an indication of the legislative, administrative, and financial powers of various levels of
government. As a result, operational issues like disaster management are unlikely to be
addressed by the constitutional clause, leaving it to the prudence and wisdom of the government
of the day to build suitable policy and administrative structure to address the situation at hand.

Second, and more importantly, disaster management was not deemed a serious issue worthy of
the attention of the constitution architects and inclusion in the constitution's provisions when it
was drafted.

Finally, the presence of a number of colonial disaster management instruments, such as the
Famine Code, as well as steel-framed administrative machinery to execute rescue and relief
operations during catastrophes, looked to be adequate for national leaders to handle disasters in
the future. As a result, disaster management was not included in the sophisticated framework of
important subject division between the Centre and the States.

Not being mentioned in the Constitution and as per the colonial rules the Disaster was considered
to be the subject matters of the state government. At the same time, most of the activities
involved in the course of management of a disaster are of local nature to be carried out by the
district and sub-district level officials working under the administrative control of the state
government.

93
National Institute of Disaster Management. 2009. Various Hazards. New Delhi: National Institute of Disaster
Management. Available at http://nidm.gov.in/ accessed on 15-04-2022, at 07.30p.m

41
However there was a need of appropriate legislation to deal with the disaster, and administration
to carry out the disaster management activities. It began to be argued that the states neither have
financial resources nor are technically competent to manage disasters of a reasonably large
magnitude. Surprisingly, disaster management is one of the few areas where the states'
established jurisdiction has been willingly weakened in order to allow the federal government to
play a more active role. While states have generally opposed moves by the central government to
alter the Constitution's original intent and scheme, their opposition has occasionally reached
unrelenting proportions on issues such as resource sharing and the constitution and deployment
of central paramilitary forces in states, particularly in the name of counter-terrorism operations.
But as far as the subject of disaster management is concerned, gradual encroachment by the
Central Government in this conventional domain of the states has not even taken note of by the
states.

Although the Constitution is silent on the provisions of the Disaster Management but the
intention of the framers of the constitution was never to abandon it and make the state of center
free from their responsibilities. For example, flood and drought are two main natural
catastrophes in India that are mostly caused by excess and shortage of water in rivers and other
water sources in a certain location. As a result, it would be natural for that level of government in
the country's federal system to manage issues related to excess water, such as floods, as well as
deficiency water, such as drought, to which the subjects of water and rivers have been assigned
in the scheme of legislative subject division through the three lists in the Constitution's seventh
schedule.

Constitutional Provision

The Central government used the provisions under entry 23 of the concurrent list, namely 'Social
Security and Social Insurance; Employment and Unemployment,' to derive constitutional
competence to adopt the Disaster Management Act, 2005.94

94
Rajendra Kumar Pandey, Legal Framework on Disaster Management in India, available at https://ili.ac.in/
accessed on 1 MAY, 2022.

42
4.2. EVOLUTION OF DISASTER MANAGEMENT

Relief departments were established during the British government to respond to calamities.
Only in post-disaster conditions might such an activity-based arrangement with a reactive
strategy work. The strategy was designed with relief in mind, and efforts included creating relief
codes and launching food for work programmes. Following independence, disaster management
was delegated to the Relief Commissioners in each state, who worked under the Central Relief
Commissioner and only responsible for distributing relief goods and money in the afflicted areas.
Flood catastrophes were handled in every five-year plan under "Irrigation, Command Area
Development, and Flood Control." Until, the disaster management organisation has been
activity-based, with the Relief Departments in charge.95
Emergence of an organization is always through an evolutionary process. NDMA has also gone
through the same stages. In August 1999, the Government of India (GOI) established a High-
Powered Committee (HPC) for giving suggestions on the drafting of Disaster Management plans
and recommending efficient mitigation methods, in recognition of the importance of Disaster
Management as a national priority. For the first time, a thorough chapter on disaster management
was included in the Tenth Five-Year Plan document. The Twelfth Finance Commission was also
tasked with reviewing the disaster management finance arrangements.96

The National Disaster Management Authority (NDMA), headed by the Prime Minister of India,
is the apex body for Disaster Management in India. Setting up of NDMA and the creation of an
enabling environment for institutional mechanisms at the State and District levels is mandated by
the Disaster Management Act, 2005.97

India envisions the development of an ethos of Prevention, Mitigation and Preparedness. The
Indian government strives to promote a national resolve to mitigate the damage and destruction
caused by natural and man-made disasters, through sustained and collective efforts of all
Government agencies, Non-Governmental Organizations and People’s participation. This is

95
Disaster Management in India, Ministry of Home Affairs Government of India, pg. 55 available at
https://www.undp.org/content/dam/india/docs/disaster_management_in_india.pdf Accessed on 31st March 2022
96
Evolution of Disaster Management available at https://ndma.gov.in/ accessed on 19 April 19, 2022 at 9:03 pm
97
Ibid.

43
planned to be accomplished by adopting a Technology-Driven, Pro-Active, Multi-Hazard and
Multi-Sectoral strategy for building a Safer, Disaster Resilient and Dynamic India. 98

The country's federal government assigns distinct tasks to the federal and state governments.
However, disaster management is not officially included in any of the three categories in the
Indian Constitution's 7th Schedule, which specifies topics under the Central and State
governments, as well as subjects that fall under both. On the legislative front, the Parliament
passed the Disaster Handling Act of 2005, which specifies the responsibilities of the Central
Government and any State Government in the complete management of catastrophes of various
forms.99

4.3 Policies and Strategies

In India, states are primarily responsible for handling disasters. The government of India
supplements the efforts by extending logistics and financial support such as contributing to State
Calamity Relief Funds (75 percent contribution by GoI and 25 per cent by state governments) for
immediate relief, restoration of essential infra- structure and public assets in the social sector. In
addition, a National Calamity Contingency Fund has been constituted at the central level for
providing additional resources. Government of India also has different nodal ministries in charge
of different types of disasters: Agriculture ministry for natural disasters, atomic en- ergy for
nuclear disasters and so on.100

The national committee on Disaster management constituted by the government of India

reviewed the high powered committee report and approved some of the recommendations, one of
the most significance ones being the shifting of the primary responsibility for disaster
management from the ministry of agriculture to the ministry of home affairs in government of
India.

India became one of the first countries after the Indian Ocean tsunami of Dec 2004 to declare the
national commitment to setup appropriate institutional mechanisms for more effective disaster

98
Ibid.
99
Id
100
Subhradipta Sarkar and Archana Sarma, Disaster Management Act, 2005: A Disaster in Waiting?, Economic and
Political Weekly , Sep. 2-8, 2006, Vol. 41, No. 35 (Sep. 2-8, 2006), pp. 3760-3763 avilable at
https://www.jstor.org/stable/4418643 accessed on 8.03.2022

44
management at the national, state and district levels. The disaster management bill was
unanimously adopted by both houses of parliament and disaster management act 2005
demonstrated the national vision of paradigm shift from post disaster response to improving the
pre disaster Preparedness, initiating disaster mitigation projects and strengthening emergency
response capacities in the country. The Disaster Management Act of 2005 mandated the creation
of necessary institutional mechanisms for developing and monitoring disaster management plans
that ensure measures by various government wings for disaster prevention and mitigation, as
well as a holistic, coordinated, and prompt response to any disaster situation.101

The Indian government strives to promote a national resolve to mitigate the damage and
destruction caused by natural and man-made disasters, through sustained and collective efforts of
all Government agencies, Non-Governmental Organizations and People’s participation. This is
planned to be accomplished by adopting a Technology-Driven, Pro-Active, Multi-Hazard and
Multi-Sectoral strategy for building a Safer, Disaster Resilient and Dynamic India. 102

The Ministry of Home Affairs is the focal ministry for all disaster management issues at the
national level. The Ministry of Home Affairs' Central Assistance Commissioner (CRC) is the
focal person for natural disaster relief efforts. The CRC receives information relating to
forecasting/warning of a natural calamity from India Meteorological Department (IMD) or from
Central Water Commission of Ministry of Water Resources on a continuing basis. The
Ministries/Departments/Organizations concerned with the primary and secondary functions
relating to the management of disasters include: India Meteorological Department, Central Water
Commission, Ministry of Home Affairs, Ministry of Defence, Ministry of Finance, Ministry of
Rural Development, Ministry of Urban Development, Department of Communications, Ministry
of Health, Ministry of Water Resources, Ministry of Petroleum, Department of Agriculture &
Cooperation. Ministry of Power, Department of Civil Supplies, Ministry of Railways, Ministry
of Information and Broadcasting, Planning Commission, Cabinet Secretariat, Department of
Surface Transport, Ministry of Social Justice, Department of Women and Child Development,
Ministry of Environment and Forest, Department of Food. Each
Ministry/Department/Organization nominate their nodal officer to the Crisis Management Group

101
Government of Gujarat. 2003. The Gujarat Disaster Management Act, 2003. Gandhinagar: Government of
Gujarat. p.63
102
https://ndma.gov.in/

45
chaired by Central Relief Commissioner. The nodal officer is 6 responsible for preparing sectoral
Action Plan/Emergency Support Function Plan for managing disasters.103

4.4 Institutional Framework

The Disaster Management Act 2005 envisaged the establishment of the National Disaster
Management Authority (NDMA), chaired by the Hon’ble Prime Minister of India, as the apex
body for disaster management in the country, the State Disaster Management Authorities
(SDMAs) chaired by the respective Chief Ministers at the state level and the District Disaster
Management Authorities (DDMAs) chaired by the respective District Collectors and co-chaired
by the elected representative of the Zilla Parishad in the respective districts. During NDMA’s
first meeting, the Hon’ble Prime Minister for Finance, Union Minister for agriculture and the
Deputy Chairman of the Planning Commission should be Permanent invitees for the NDMA
meetings henceforth to facilitate greater synergy in decision making and for more effective
mainstreaming of disaster management in development planning.104

A dedicated agency called the National Disaster Response Force (NDRF) has been established
with personnel from the Para military forces for strengthening the preparedness and emergency
response in the country. Eight battalions of the NDRF have been setup and deployed in strategic
locations in the country and the NDRF personnel are being trained and equipped with state-of-
the-art life saving equipments, search and rescue equipments, inflatable boats, etc. 105

4.4.2 National level Framework

National Disaster Management Authority (NDMA)

According to the Act106, National Disaster Management Authority (NDMA) was established in
2006 with Prime Minister as its ex officio chairman. Major roles that the NDMA is expected to
perform are: policy making, approve national Disaster Management plan, formulate guidelines to
103
Disaster Management in India, Government of India, Ministry of Home Affairs available at
https://www.unisdr.org/2005/mdgs-drr/national-reports/India-report.pdf accessed on 19th April, 2022
104
National Disaster Management Division. 2004. Disaster Management in India: A Status Report. New Delhi:
National Disaster Management Division, Ministry of Home Affairs, Government of India. p.73
105
http://www.ndrf.gov.in/ accessed 21 April, 2022.
106
The Disaster Management Act,2005

46
be followed by Central ministries and state authorities, and stretch its helping hand to other
countries affected by major disasters. 107 Thereafter the National Executive Committee (NEC)
developed National Policy of Disaster Management, which was approved in 2009. Though India
has faced major disasters National Executive Committee of NDMA has not been convened in
between 2008 and 2012.108

The vision of the NDMA is “To build a safer and disaster resilient India by a holistic, pro-active,
technology driven and sustainable development strategy that involves all stakeholders and fosters
a culture of prevention, preparedness and mitigation.109

Powers of NDMA

National Executive Committee (NEC)

A National Executive Committee is constituted to help the National Expert in the execution of its
capacities. NEC comprises Home Secretary as its Director, ex-officio, with different Secretaries
to the Legislature of India in the Services or Offices having regulatory control of the farming,
nuclear vitality, guard, drinking water supply, condition and timberland, fund (use), well-being,
control, provincial advancement science and innovation, space, media transmission, urban
improvement, water assets. The Head of Incorporated Resistance Staff of the Head of Staff
Advisory group, ex-officio, is additionally its individuals. 110

NEC may as and when it considers essential comprise at least one sub-committee for the
proficient release of its capacities. NEC has been given the responsibility to go about as the
planning and coordinating body for disaster management, to set up a national plan.111

4.5 STATE DISASTER MANAGEMENT

4.5.1 Establishment of State Disaster Management Authority

107
https://ndma.gov.in/ Accessed on 21st April 2022 at 1:20 pm.
108
https://www.legalserviceindia.com/legal/article-4869-disaster-management-in-india-institutional-frame-work-
a-critical-analysis.html accessed on 21 April 2022 at 1.20pm
109
https://www.insightsonindia.com/disaster-management/national-disaster-management-act-2005/national-
disaster-management-authority-ndma/
110
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.67, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020
111
Ibid.

47
The Disaster Management Act, 2005 provides constitution of SDMAs and DDMAs in every one
of the states and UTs. Except one state Gujarat and one UT, i.e. Daman and Diu, all the rest have
established SDMAs under the DM Act, 2005. Gujarat has established its SDMA under its
Gujarat State Disaster Management Act, 2003. Daman and Diu has additionally settled SDMAs
preceding sanctioning of DM Act, 2005.112

With regards to bureaucratic set up of India, the response to natural disaster is basically that of
the concerned state government. However, central government provides financial, physical and
assistance to natural disasters. The factors responsible for response to state governments are as
follows: 113

i. Gravity of a natural disaster

ii. Relief operations necessary iii. Central assistance for financial help.

Each and every state has Relief Commissioners, under the department of disaster management,
who are responsible for the relief measures in the wake of catastrophic events. He supervises and
controls the relief operation through District Collector at district

4.6.5 Local Administration

Local Authorities is defined under section 2(h) it is defined as

"local authority includes panchayati raj institutions, municipalities, a district board, cantonment
board, town planning authority or Zila Parishad or any other body or authority, by whatever name
called, for the time being invested by law, for rendering essential services or, with the control and
114
management of civic services, within a specified local area ”.

The PRI is a statutory body elected by the local people through a well-defined democratic
process with specific responsibilities and duties. The elected members are accountable to the
people of the ward, rural community, block and the district. Keeping the above in view, the PRI,
the representative body of the people, is the most appropriate institution from village to the
district level in view of its proximity, universal coverage and enlisting people’s participation on
112
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.67, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020
113
Ibid
114
Sec.2(h) Disaster Management Act 2005

48
an institutionalised basis. Their close involvement will go a long way in getting people prepared
for countering natural disasters as well as involve them in all possible preventive and protective
activities so that the impact of the disasters are mitigated and the people are able to save their |
lives and property. The PRIs can act ag catalysts to social mobilisation process and tap the
traditional wisdom of the local communities to complement the modern practices in disaster
mitigation efforts. Besides PRIs will also provide a base for integration of various concerns of
the community with that of the NGOs and community-based organizations (CBOs) which are
engaged in various developmental activities at the grassroots level.115

4.7 Institutional Policy and Framework

4.7.1 National Disaster Response Forces (NDRF)

National Disaster Response Force" means the National Disaster Response Force constituted
under sub-section (1) of section 44 of the Act. 116 The Disaster Management Act of 2005
established the NDRF, a specialist response force, for the purpose of providing specialised
response to natural and man-made disasters. This Force will operate under the leadership,
guidance, and general supervision of the National Disaster Authority. This will be a multi-
disciplinary, multi-skilled, high-tech force capable of insertion by air, sea, and land for all forms
of catastrophes. All the eight battalions of NDRF are equipped and trained for all natural
disasters including four battalions in combating nuclear, biological and chemical disasters. 117

4.7.2 National Crises Management Committee (NCMC)

Cabinet Secretary, who is the highest executive officer, heads the NCMC. Secretaries of all the
concerned Ministries /Departments as well as organizations are the members of the committee

115
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.68, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020
116
Section 2(e) of The Disaster Management Authority (National Disaster Response Force) Rules, 2008
117
Available at http://www.ndrf.net/ accessed on 20.04.22 at 04.00p.m

49
the NCMC118 gives direction to the Crisis Management Group as deemed necessary. The
Secretary, Ministry of Home affairs is responsible for ensuring that all developments are brought
to the notice of the NCMC promptly.

NCMC can give directions to any Ministry/Department/organization for specific action needed
for meeting the crisis situation.

There is a National Crisis Management Committee (NCMC) under the cabinet secretary and
Crisis Management Group (CMG) under the central relief commissioner. Besides, a group of
ministers, group of secretaries and high level committees can be constituted whenever required
by the situation. Similarly, at the state level, there is the state crisis management group headed by
the chief secretary, the relief commissioners, contingency plans in the states as well as districts
level. Apart from that, some states have their comprehensive relief.119

4.7.3 Crisis Management Group

 The CMG deals with matters relating to relief in the wake of major natural calamities.
 The group consists of Relief Commissioner (Chairman) and other nodal officers from various
concerned Ministries.
 Its functions are to review

(a) Contingency plans formulated by various Ministries

(b) Measures required for dealing with a natural disaster and

(c) Co-ordinate the activities of the Central Ministries and the State Governments in relation to
disaster preparedness and relief.120

118
Available at http://www.ncmc.net / accessed on 20.04.22 at 04.00p.m
119
Subhradipta Sarkar and Archana Sarma, Disaster Management Act, 2005: A Disaster in Waiting?, Economic and
Political Weekly , Sep. 2-8, 2006, Vol. 41, No. 35 (Sep. 2-8, 2006), pp. 3760-3763 avilable at
https://www.jstor.org/stable/4418643 accessed on 8.03.2022
120
Available at https://factly.forumias.com/ accessed on 28.04.22 at 23:27 p.m

50
In the event of a natural catastrophe, the CMG meets often to monitor relief activities and give
all necessary aid to impacted States in order to properly overcome the situation. Such discussions
are also attended by the Resident Commissioner of the afflicted state.121

4.7.4 Role of Police

During disaster, police not only keep on "protecting the community from conceivable |
plundering, destruction of property, and burglary that may happen, they likewise must beset up
to evacuate people, render propelled life-saving methods, and keep dispensing sites secure. In
addition to these the police are responsible for distribution of food, cloths, water, etc. to the
people who had been affected by disasters.122

Job of police

 Crowd control.
 Looting.
 Traffic control.
 Search and protect.
 Coordination with government and other agencies.

Job of firefighters123

 Control fires that threaten basic framework.

 Deal with perilous materials.
 Provide first aid medical care.
 Transport and communicate victims.
 Search and rescue.
 Coordination with government and nongovernment agencies.

121
Ibid
122
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.71, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020
123
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.71, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020

51
Job of EMS (Emergency Medical Service)124

 Response and recovery.

 Primary medical care.
 Transfer vulnerable people to hospital.
 Search and protect.
 Coordination with government and non-government agencies

4.7.5 Civil Defence

Civil defence is a community-based voluntary organisation and cannot only to rescue and
rehabilitation measures but also play important role in public awareness and capacity building to
face any disasters.

The Civil Defence policy confined to making all states and UTs conscious of the need for civil
protection measures and requesting Civil Defence to keep prepared common civil protection plan
in urban areas and towns under the Emergency Relief Operation [ERO].125

According to DM Act, 2005, it is require for NDMA to ensure civel defence prepared. ness for
disaster management. The roles of Civil Defence in respect of disaster manage. ment are as
follows.

Pre-disaster

 Creating awareness about the various kinds of disasters.

 Educating/ training the general population for response to any disaster.
 Transmitting messages related with disasters to the people.
 Holding consistent mock drill, activity and practice of civil defence activities.
 Prepare and distribute publicly materia), brochures about civel defence.
 Provide lecture, demonstration, showing films.
 Organise camp to provide basic training skill for disaster management

124
Ibid
125
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.70, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020

52
During and After Disaster126

 After getting warning information, pre. pared measures taken immediately after getting
warning information.
 Helping in evacuation of victims to a safer places.
 Providing/arranging first aid treatment.
 Help in search and rescue operation.
 Provide information about missing, injured people and facilities available to the affected
areas.
 Participating in distribution of relief materials to the people.
 Assisting police in ensuring smooth transport facilities in the affected areas.
 Helping the local government in assessing loss of lives and property.
 Conducting disaster awareness training in districts.

4.8 Disaster Management Rule 2006

In 2006 the Disaster Management Rule was enacted by the Parliament, these regulations may be
called The National Institute of Disaster Management Regulations, 2006. The Rule consists of 18
Rules.

In exercise of the powers conferred by sub-section (7) of section 42 read with section 76 of the
Disaster Management Act, 2005 (53 of 2005), the Central Government hereby makes the
following regulations, namely:-

Section 4 of the Rule prescribes for the meetings of the institute, it states that, the meeting shall
be presided over by the President and in his absence it shall be presided over by the Vice-
President. The Secretary shall give the notice of the meeting to every member and shall also
inform about the venue and time. 127 The president may call an extraordinary meeting at any time
for the urgent business of the institute. The institute shall call an extraordinary meeting within
thirty days of a written request of not less than twelve members of the institute.128
126
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.70, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020

127
Rule 5 of the Disaster Management Rule (2006)
128
Rule 6(a) of the Disaster Management Rule (2006)

53
Term of Office: The term of office of a member of the governing body shall continue as long as
he is a member of the institute and it shall cease as soon as he ceases to be member of the
institute or till he is replaced by the Central Government, whichever is earlier .129

Powers and functions of the governing body 130

(1) The governing body shall be responsible for carrying out the decisions of the institute.

(2In particular, and without limiting the scope of the above functions, the governing body may
conduct all or any of the following functions:-

(a) ensure compliance of broad policies and guidelines laid down for the institute by the National
Authority;

(b) consider and recommend such proposals as are required to be submitted to the institute for its
approval;

(c) consider and approve such programmes and activities as may be taken up as interim till these
are approved by the institute;

(d) consider and approve such changes in the approved annual activities of the institute as may
be considered necessary, subject to ex post facto approval of such changes by the institute;

(e) consider and approve such new activities not included in the approved annual activities of the
institute as may be required to be taken up, subject to ex post facto approval by the institute;

(f) appoint such Committees and Sub-Committees as considered appropriate for the discharge of
its functions;

(g) perform all such acts and do all such things as may be necessary for the proper management
of the properties of the institute; and

(h) perform all such functions as may be delegated by the institute.

129
Rule 8 the Disaster Management Rule (2006)
130
Rule 9 the Disaster Management Rule (2006)

54
Quorum - (1) No business shall be transacted at a meeting of the governing body unless at
least five members of the governing body are present. If the quorum is not present, the
meeting shall stand adjourned to another day and notice of such adjourned meeting shall be
given to each member of the governing body. Provided that the meeting adjourned shall be
held within 21 days from the date of adjournment.131

CHAPTER-5

DISASTER AND HUMAN RIGHTS

The term disaster as defined by United Nations is “a serious disruption of the functioning of a
Society, causing widespread human, material or environmental loss, which exceed and ability of
the affected society to cope using its own resources”. The recent humanitarian crisis caused by
disaster situations have raised new challenges, in particular in relation to the protection of the
basic human rights of disaster affected populations and victims at times of disasters. The need for
ensuring human security in disaster management through the protection of human rights and
promotion of good governance policies is one of the important aspects in development of rights
based approach.132

The consequences of these disasters are generally severe and long lasting. Certain individuals,
groups, and communities — on account of their existing marginalisation and vulnerability—
disproportionately suffer the impacts of disasters, both in the immediate aftermath and in the
long-term recovery process. These include people living in high risk areas, such as small islands,
131
Section 12
132
P C Sinha, Encyclopedia of Disaster Management, Vol-1, Anmol Publications 1998, p.32

55
mountainous regions, high seismic zones, or along the coast; low income groups; those living in
inadequate housing conditions; homeless, landless, and internally displaced persons; minorities;
historically discriminated communities, such as Dalits members of Scheduled Castes; indigenous
and tribal peoples; women; children; persons with disabilities, and older persons.133

People do not lose their rights when disasters strike. In the past decade, there has been growing
awareness of the relevance of international human rights law to prevention, response, and
recovery from disasters134 Human rights are rights inherent to all human beings. All human
beings, regardless of nationality, place of residence, sex, national or ethnic origin, color, religion,
language, or any other status are endowed with dignity, which is protected through the idea of
human rights. As proclaimed by the UN General Assembly in the Universal Declaration of
Human Rights adopted on 10 December 1948, this is a common standard of achievement for all
peoples and all nations. Human rights consist of civil and political rights, such as the right to life,
equality before the law, and freedom of expression; economic, social and cultural rights, such as
the rights to work, social security, and education; and collective rights, such as the right to
development and self-determination of peoples.135

The fundamental human rights that are violated in post-disaster situations include the rights to
adequate housing, food, water and sanitation, health, work/livelihood, land, security of the
person and home, information, participation, and education. Violations of these human rights are
oft en exacerbated when relief and rehabilitation measures are not planned and executed from a
human rights perspective; are not timely, adequate, and appropriate; and do not take into account
the specific needs and concerns of women, children, and other marginalized and vulnerable
groups within affected communities136

133
Shivani Chaudhary, Protecting Human Rights in Disaster Response: Guidelines for State and Non-state Actors,
Pub. Housing and Land Rights Network, New Delhi, May 2015
134
Elizabeth Ferris, How Can International Human Rights Law Protect Us from Disasters?, p.177, Cambridge
University Press on behalf of the American Society of International Law, available at :
https://www.jstor.org/stable/10.5305/procannmeetasil.108.0177 accessed on May 3, 2022
135
Karen da Costa & Paulina Pospieszna, The Relationship between Human Rights and Disaster Risk Reduction
Revisited: Bringing the Legal Perspective into the Discussion, Journal of International Humanitarian Legal Studies ·
May 2015, available at : https://www.researchgate.net/publication/277351925 visited on 21 April, 2022
136
Shivani Chaudhary, Protecting Human Rights in Disaster Response: Guidelines for State and Non-state Actors,
Pub. Housing and Land Rights Network, New Delhi, May 2015

56
The United Nations Framework Convention on Climate Change (UNFCCC) was adopted in
1992 with the objective of preventing dangerous anthropogenic interference with the climate
system. Thus, one of its chief purposes is to prevent the sort of natural disasters that could be
caused or worsened by climate change. The principal instrument to achieve this objective was
the Kyoto Protocol of 1997, which aimed to reduce global emissions of greenhouse gases
(GHGs) by 2008–2012 to 5% below their 1990 levels. 137

The Kyoto Protocol has failed; emissions are instead about 40% higher than 1990 levels. The
parties to the UNFCCC convened in Copenhagen in December 2009 in the hopes of achieving a
new legally binding agreement to succeed the Kyoto Protocol. This also failed. Instead, the
parties made voluntary pledges. The parties also adopted a goal of keeping global average
temperatures within 2° C above pre-industrial conditions. Even at this level, very serious
consequences occur, such as the likely submersion of the low-lying island nations, loss of much
of the polar ice cap, significant sea level rise, and prolonged droughts in parts.138

5.1 Disaster and International Human Right Law

The concept of Human Rights protection is widely acknowledged as a crucial element of

humanitarian strategies at times of emergency and disaster situations, the longer-term aspects
linked to the promotion and definition of a human rights-based approach in disaster prevention
and reduction is still limited.

People do not lose their rights when disasters strike. In the past decade, there has been growing
awareness of the relevance of international human rights law to prevention, response, and
recovery from disasters. The International Law Commission is working on Draft Articles on the
Protection of Persons in the Event of Disasters and affirms that ‘‘[persons affected by disasters
are entitled to respect for their human rights.’’139
137
Michael B. Gerrard, Will International Law Save Us From Climate Disasters?, Cambridge University Press on
behalf of the American Society of International Law, available at :
https://www.jstor.org/stable/10.5305/procannmeetasil.108.0177 accessed on May 3, 2022

138
Michael B. Gerrard, Will International Law Save Us From Climate Disasters?, Cambridge University Press on
behalf of the American Society of International Law, available at :
https://www.jstor.org/stable/10.5305/procannmeetasil.108.0177 accessed on May 3, 2022
139
International Law Commission (ILC), Draft Articles on the Protection of Persons in the Event of Disasters, esp.
arts. 6,7, 8 & 9, UN Doc. A/CN.4/L.776 (2010). For a listing of all relevant ILC documents, see http://
legal.un.org/ilc/guide/6_3.htm.

57
5.1.1 A Human Rights Approach to Disaster Management: International
Legal Frame work

5.1.2 The emergence of DRR and the ensuing State commitments

The conference was structured in three segments: intergovernmental, thematic and public. It was
a rich forum for exchanging views on many issues related to risk reduction, with the objective to
reduce the loss of life and assets of populations in risk-prone areas. The Hyogo Framework for
Action adopted by the conference provides valuable policy direction and practical guidance for
the next decade across many areas related to risk management and disaster reduction.140

The first instruments that signalled the will of the international community to integrate disaster
prevention into a comprehensive disaster-management strategy was the Yokohama Strategy and
Plan of Action for a Safer World (1994), which provided important principles for natural disaster
prevention, preparedness and mitigation.141

Principle 2 stated that "disaster prevention and preparedness are of primary importance in
reducing the need for disaster relief," while Principle 3 stated that "disaster prevention and
preparedness should be considered integral aspects of development policy and planning at
national, regional, bilateral, multilateral, and international levels for reducing disaster relief
needs and population vulnerability." The United Nations World Conference on Disaster
Reduction, held in 2005 in Kobe, Japan, just days after the 2004 Indian Ocean tsunami, was
another significant milestone in the development of DRR.

Participants in the conference realized that concrete action needed to be taken to go past the trite
rhetorical policy statements. States, international organizations, civil society organizations and
business actors agreed that a set of defined targets and commitments had to be identified in order
to turn DRR into practice. The conference’s main output was the adoption of the Hyogo
Framework for Action 2005-2015.142

140
World Conference on Disaster Reduction : proceeding of the conference available at
https://www.undrr.org/publication/world-conference-disaster-reduction-proceedings-conference accessed on
4May 4, 2022
141
http://www.qil-qdi.org/human-rights-law-disaster-risk-reduction/

58
The result of this effort was the adoption in 2015 of the Sendai Framework for Disaster Risk
Reduction, at the Third UN World Conference on DRR in Sendai, Japan. The Sendai Framework
outlines four priorities for action to prevent new and reduce existing disaster risks, namely:

1. Understanding disaster risk;

2. Strengthening disaster risk governance to manage disaster risk;
3. Investing in disaster risk reduction for resilience;
4. Enhancing disaster preparedness for effective response and to Build Back Better” in
recovery, rehabilitation and reconstruction .

All of the four Priorities set out a list of actions that should be implemented at national and local
level, and another one that should be realized at an international level.

5.1.3 The Practice of Human Rights Bodies in Matters of Disaster Preparedness and
Mitigation

In a recently adopted resolution on human rights and climate change, the UN Human Rights
Council has affirmed the need for the continuing implementation of the Sendai Framework ‘and
its references to human rights and has encouraged the UN human rights monitoring bodies ‘to
provide technical assistance to States, upon their request, to help to better promote and protect
human rights when taking action to address the adverse impact of climate change, including
measures taken to reduce the risk of disasters. Although IHRL does not clearly spell out a right
to disaster risk reduction,[28] an analysis of the practice of UN human rights treaty monitoring
bodies and of the case law of the European Court of Human Rights (ECtHR) reveals that a set of
obligations under IHRL have been already identified that correspond to some of the action
priorities or general guidelines put forward by the Sendai Framework The first part of this
paragraph examines the attention devoted by UN monitoring bodies in particular to the need to
mitigate existing vulnerabilities, while the second part discusses positive obligations as identified
by the ECtHR case law.143
142
EMANUELE SOMMARIO AND SILVIA VENIER , Human Rights Law and disaster risk reduction, available at,
http://www.qil-qdi.org/human-rights-law-disaster-risk-reduction/ accessed on 1May, 2022 at 9:48 AM

143
EMANUELE SOMMARIO AND SILVIA VENIER , Human Rights Law and disaster risk reduction, available at,
http://www.qil-qdi.org/human-rights-law-disaster-risk-reduction/ accessed on 1May,2022 at 9:48 AM

59
5.2 Protection of the Human Rights of Survivors of Disaster

According to the Inter-Agency Standing Committee, protection is defined as: “… all activities
aimed at obtaining full respect for the rights of the individual in accordance with the letter and
the spirit of the relevant bodies of law (i.e. human rights law, international humanitarian law,
refugee law).”144

Affected persons may face multiple human rights challenges in the aftermath of natural disasters,
such as: 145

 Lack of safety and security (for example, rampant crime and secondary impacts of natural
disasters);
 Gender-based violence;
 Unequal access to assistance and basic goods and services, and discrimination in aid
provision;
 Abuse, neglect, and exploitation of children;
 Family separation, particularly for children, older persons, persons with disabilities, and
other individuals who may rely on family support for their survival;
 Loss/destruction of personal documentation and difficulties to replace it, in particular due
to inadequate birth registration mechanisms;
 Inadequate law enforcement mechanisms and restricted access to a fair and efficient
justice system;
 Lack of effective feedback and complaint mechanisms;
 Unequal access to employment and livelihood opportunities;
 Forced relocation;
 Unsafe or involuntary return or resettlement of persons displaced by the disaster; or
 Lack of property restitution and access to land.

5.3 ISAC

144
Shivani Chaudhary, Protecting Human Rights in Disaster Response: Guidelines for State and Non-state Actors,
p.5 Pub. Housing and Land Rights Network, New Delhi, May 2015
145
IASC Operational Guidelines on the Protection of Persons in Situations of Natural Disasters, 2011 available at
https://www.ohchr.org/

60
5.3.1 Recommendations for the Emergency Phase – in Relief Centres and Camps

The state and other actors involved in relief, rehabilitation, and reconstruction efforts must take
adequate measures to:146

 Ensure protection against violence, including gender-based violence, and guarantee the
security of affected persons.
 Identify and protect persons particularly exposed to the risk of violence, including single
women, girls, single parent households, single or non-accompanied children, older
persons, persons with disabilities, and discriminated communities, including Dalits 147 and
indigenous and tribal peoples.
 Deploy additional law enforcement personnel able to provide the necessary protection for
instances of gender-based violence, theft , or other acts of violence.
 Avoid the creation of very large or overcrowded shelters.
 Include representatives of affected populations, including women, persons with
disabilities, and marginalized and excluded communities in the design and lay-out of
relief camps and emergency shelters.
 Provide humanitarian goods and services on the basis of assessed needs, and without any
discrimination on the basis of class, caste, gender, religion, ethnicity, linguistic group,
sexual orientation, disability, political or other opinion, marital status, property, birth,
age, or other status.
 Respect religious beliefs and cultural traditions—to the extent possible—when planning
and implementing humanitarian assistance, in particular in the context of food assistance,
healthcare services, clothing, and living and sanitary arrangements.
 Provide priority access to food, water, health, and other humanitarian services for
children, persons with special needs, persons with disabilities, older persons, the
wounded and sick, persons with mental illness, female-headed households, and women
with infants and young children.

146
Sec A.4, A.5, and B.1.2 of the IASC Operational Guidelines, 2011
147
‘Addressing Caste Discrimination in Humanitarian Response’, National Campaign on Dalit Human Rights, 2011.

61
  Organize separate distribution of humanitarian assistance to women, children, older
persons, and persons with disabilities and mental illness, at different times or places than
for other beneficiaries.

5.3.2 Recommendations to Protect the Human Rights to Food, Water, and Sanitation

The state and other actors involved in relief, rehabilitation, and reconstruction eff orts must take
adequate measures to:148

 Ensure that the food distributed, whether cooked meals or dry rations, meets international
nutritional standards and is culturally acceptable to the affected population.
 Ensure that persons with specific needs, including unaccompanied children, infants, older
persons, persons with disabilities, persons living with long-term or chronic illnesses, and
pregnant and lactating women, have unimpeded access to food.
 Provide sufficient, safe, acceptable, physically accessible and affordable water for
personal and domestic use for all affected persons without discrimination and in a
quantity that is necessary for a life in dignity.
 Provide for adequate, separate, and secure toilets and bathing facilities for men and
women in all relief camps/centres and temporary/intermediate/transitional housing sites. •
Provide adequate sanitation facilities, including solid waste management, garbage
disposal and drainage facilities, and maintain hygiene in all relief camps and
temporary/intermediate/ transitional housing sites.
 Ensure access to all water and sanitation facilities for persons with disabilities, older
persons, children, women, and discriminated groups.

5.3.3 Recommendations to Protect the Human Right to Health

The human right to health is recognized in Article 12 of the International Covenant on

Economic, Social and Cultural Rights. It is defined as the right to enjoy the highest attainable
standard of health conducive to living a life in dignity. The human right to health includes the
provision of adequate healthcare, but also the underlying determinants of health, such as
access to safe and potable water and adequate sanitation; an adequate supply of safe food,

148
Sections B.2.1 and B.2.2 of the IASC Operational Guidelines, 2011.

62
 nutrition, and housing; healthy occupational and environmental conditions; and access to
health-related education and information, including on sexual and reproductive health.9 All
involved actors must ensure that the human right to health of disaster-affected persons should
be safeguarded. This includes the right to timely and appropriate, accessible, culturally
acceptable, and gender sensitive healthcare without discrimination.149

The state and other actors involved in relief, rehabilitation, reconstruction, and recovery
efforts should ensure that special attention is given to:150

 The needs of affected persons requiring medical care, including mental health and
psychosocial care, whether the problems and needs are pre-existing, emergency-
induced or related to the humanitarian response.
 The health needs of women and girls, including access to health services and the
provision of priority sexual and reproductive health services, including actions to
prevent maternal morbidity and mortality, prevent and clinically manage cases of
sexual violence, and prevent HIV; provision of appropriate medication and hygienic
supplies; access to reproductive and specialized health services; including family
planning and emergency obstetrical care.
 The prevention of, response to, and mitigation of, contagious and infectious diseases,
including HIV/AIDS, among the affected population.
 The need for specialized services required for injured persons and persons with
disabilities. • The health needs of persons with chronic illnesses.
 Community-based psychosocial support.
 Specialized mental health services, as needed, for those among affected persons with
mental disorders.
 Providing sufficient female doctors, healthcare staff and interpreters.
 Addressing the problem of alcohol and other substance use in the aftermath of
disasters.

5.3.4 Recommendations to Protect the Human Right to Adequate Housing

149
Shivani Chaudhary, Protecting Human Rights in Disaster Response: Guidelines for State and Non-state Actors,
p.7 Pub. Housing and Land Rights Network, New Delhi, May 2015
150
Section B.2.5, IASC Operational Guidelines, 2011, available at https://www.ohchr.org/ accessed on May 1, 2022.

63
The human right to adequate housing has been defined as, “The right of every woman, man,
youth and child to gain and sustain a safe and secure home and community in which to live in
peace and dignity.”151 It is protected and guaranteed as a human right in international law, most
explicitly in Article 11.1 of the International Covenant on Economic, Social and Cultural Rights.

I. Recommendations for Temporary / Transitional / Intermediate Housing

 Human rights-based participatory planning is required to assess the housing needs of
affected persons and to provide durable solutions aimed at ensuring the full
realisation of their human right to adequate housing. The focus should be on the
provision of adequate permanent housing, as soon as possible, to all affected families.
 Governments, in consultation with civil society/humanitarian organizations and
affected communities, should frame an enforceable timeline for completion of
permanent housing and for the maximum permissible duration of stay in emergency
and temporary/ transitional/intermediate shelters. Terms such as ‘temporary’,
‘transitional’, ‘intermediate’, and ‘permanent’ housing need to be defined, not only in
terms of their attributes but also in terms of time frames. Transitional housing must be
viewed only as a short-term interim measure to access adequate permanent housing.
Under no circumstances should transitional/intermediate housing become the end
goal.
 Appropriate steps must be taken to allow for a speedy transition from
temporary/transitional/ intermediate shelters to permanent housing, without
discrimination of any kind.
 All affected persons, irrespective of their tenure status pre-disaster, should have equal
rights to shelter in the emergency and transitional phases.
 All temporary/transitional/intermediate housing provided to disaster-affected persons
should be accessible, habitable, culturally appropriate, situated in a safe and non-
hazardous location, and should provide access to essential services such as water,
sanitation, electricity, solid waste management facilities, transport, healthcare, and
education.

151
Report of the UN Special Rapporteur on adequate housing, Miloon Kothari, 2001, UN Doc. E/CN.4/2001/51.

64
  Housing sites must provide safety and security for all residents, including protection
against gender-based violence. Female law enforcement personnel should be
deployed at all sites.
 Shelters should be designed to allow maximum privacy and protection against
intruders. Every independent shelter/housing unit should have adequate space,
including a secure partition to provide privacy for women and girls.152
 Separate toilets, with adequate security and privacy, should be built for women close
to the shelters.
 Fuel and water sources should be provided in all temporary/transitional/intermediate
housing sites.
 Outlets for subsidized food should be located in the vicinity of the
temporary/transitional/ intermediate housing site.
 Temporary/transitional/intermediate housing sites should be located close to affected
people’s habitual residences, and in case this is not possible, the sites should be
connected by subsidized and regular public transport to livelihood sources/work
places, local schools, colleges, market places, healthcare centres, and hospitals.
 Crèches and safe spaces for children to play should be provided at all
temporary/transitional/ intermediate housing sites.
 Temporary/transitional/intermediate shelters should not be built in areas that are low-
lying and susceptible to flooding or hazardous or on private land where residents are
vulnerable to eviction.
 Risk assessment should be carried out in sites where affected persons continue to
stay, and where necessary, technical adaptation or correction measures should be
taken, for instance to prevent flooding and sanitation overflow.
 Adequate measures must be adopted to ensure the protection of human rights in
temporary/ transitional housing sites, including of host communities.
 The access of members of National Human Rights Institutions, ombudspersons, and
other independent institutions to temporary/transitional/intermediate sites should be
facilitated153
152
See, Section A.5 of the IASC Operational Guidelines, 2011, available at https://www.ohchr.org/
153
Section A.4.4 of the IASC Operational Guidelines, 2011. Also see, Section B.2.3 and Section C.2 for more
recommendations on shelters available at https://www.ohchr.org/

65
  Any decision to move from emergency shelters to transitional or permanent housing
must be carried out with the full, free, and prior informed consent of the affected
persons.
II. Recommendations for Permanent Housing
 Housing is a human right, not merely an economic asset, and all parties involved in
post-disaster rehabilitation and reconstruction must realise this. As a result, simply
providing a structure is insufficient. To adapt, concerted efforts must be made. A
holistic strategy in which housing is seen as an important part of the restitution
process and the healing process All participating authorities must cooperate together
to help infected people recover, while striving to reconstruct the social, cultural, and
economic infrastructure afflicted and displaced communities' economic and political
fabric.
 All those who lost their houses in the disaster or whose houses have been severely
damaged must be provided with alternative permanent housing and adequate
compensation for rebuilding, where required. This must include not just owners but
also tenants/those staying in rental accommodation.
 States, with international organizations, must assess the tenure rights of all people
affected by disasters and take measures to protect and ensure secure tenure post-
disaster, whether at a former place of residence or elsewhere, should people be unable
or unwilling to return.154
 To the extent possible, and in compliance with safety standards, the alternative
permanent housing should be provided at the same site or in areas as close as possible
to the original sites of residence of the affected families.
 Adequate consultations should be held with affected persons to determine the best
durable solutions regarding housing. Options for self-building with adequate financial
support should be provided, if affected persons express the need for it.
 All permanent housing must fulfill the criteria of ‘adequacy’ as established by
international human rights standards and guidelines. It also should be disaster-

154
Shivani Chaudhary, Protecting Human Rights in Disaster Response: Guidelines for State and Non-state Actors,
p.17 Pub. Housing and Land Rights Network, New Delhi, May 2015

66
 resistant and should be constructed using appropriate technology while meeting
international safety standards.

5.3.5 Recommendations to Protect the Human Right to Education

The human right to education should be respected and protected. It should be understood as the
right to receive, without discrimination, an education in all its forms and at all available levels
that is accessible, acceptable and inclusive.155

The state and other actors involved in relief, rehabilitation, and reconstruction eff orts should
ensure that:

 The return of children and youth to school or education programmes in safe learning
environments is facilitated without discrimination, as early and as quickly as possible
after the disaster, even if documentation which is usually required has been destroyed.
 Girls and women have full and equal access to education.
 Access to secondary and higher education, to the extent possible, is not disrupted, in
particular when students can no longer afford studies as a consequence of the disaster.
 Children with disabilities or HIV/AIDS, and others belonging to disadvantaged or
marginalized groups, including Dalits and indigenous and tribal peoples/adivasis,
who have been affected by the disaster have equal access to education and training
opportunities, without discrimination of any kind.
 Psycho-social support programmes, public health information, and issues related to
protection are incorporated into school curricula in the aftermath of a disaster.
 Efforts are made to provide special study grants for disaster-affected students; waive
or reduce fees for disaster-affected students; and provide special courses and special
examination periods to allow disaster-affected students to make up for missed
examinations.

5.3.6 Recommendations to Protect the Human Rights to Information and Participation

155
Shivani Chaudhary, Protecting Human Rights in Disaster Response: Guidelines for State and Non-state Actors,
p.16 Pub. Housing and Land Rights Network, New Delhi, May 2015

67
All affected person’s human rights to information and participation must be respected and upheld
by the state and all actors involved in disaster preparedness, relief, rehabilitation, reconstruction,
and recovery process.

 Survivors must be seen as active players in the post-disaster aid and recovery process,
not just as victims. They must be included and consulted in all rehabilitation and
reconstruction plans and processes.
 Information must be made available in local languages and through appropriate media
in order to reach the maximum number of people in every community, So that it
could be ensured that information reaches all affected persons and communities,
including women, children, minorities, persons with disabilities, older persons,
historically discriminated groups such as Dalits, and indigenous and tribal peoples;
and, all information must be accessible even to semi-literate and non-literate people.
 Where rehabilitation involves relocation, it must be done only with the full, free, and
prior informed consent of the people concerned.

5.3.7 Recommendations to Protect the Human Right to Freedom of Movement

The right to freedom of movement of affected persons, whether or not displaced, should be
respected and protected. This right should be understood as including the right to freely decide
whether to remain in or to leave an endangered zone.156

After the emergency phase, internally displaced persons should be supported to find a durable
solution to their displacement. Durable solutions should be understood as sustainable integration
of internally displaced persons: At the place of origin (“return”); - In areas where they took
refuge (“local integration”); or – In another part of the country (“settlement elsewhere in the
country”).

156
Section D.2 of the IASC Operational Guidelines, 2011

68
Internally displaced persons should be granted the right to choose freely whether they want to
return to their homes and places of origin, to integrate locally in the area to which they have been
displaced, or to settle elsewhere in the country. Appropriate measures, such as consultation,
information campaigns, and exposure visits should be undertaken to enable affected persons to
take an informed decision in this regard.

Relief operations should be designed so as to preserve family unity. Members of internally

displaced families who wish to remain together should be allowed and assisted to do so during
all phases of the disaster response, and their separation should be prevented.

5.3.8 To Ensure Gender-sensitive Relief and Rehabilitation, and to Protect the Human
Rights of Women

Gender is a highly significant factor, both in the construction of social vulnerability to risk and in
people’s organized responses to hazards and disasters. Gender inequalities with respect to
enjoyment of human rights, political and economic status, land ownership, housing conditions,
education, health, in particular reproductive and sexual health, and exposure to violence, make
women more vulnerable before, during and after disasters.157

In order to ensure the protection of women’s rights, the state and other actors involved in relief,
rehabilitation, reconstruction, and recovery processes must take concerted measures to: 158

 Identify and respect the specific needs and concerns of women.

 Provide special care for pregnant and lactating women, and women with infants and
young children.
 Ensure that relief material contains items required by women and is distributed in a
gender sensitive manner that protects their safety, security, and dignity.
 Include women in the relief distribution teams, in particular for distribution to
women.
 Ensure that relief material, including food, is distributed separately to women.

157
Commission on the Status of Women (2002)
158
The IASC Operational Guidelines, 2011, contain strong provisions on women’s rights. Also see, Guidelines for
Gender-Sensitive Disaster Management, Asia Pacific Forum on Women, Law and Development, 2006.

69
 Design shelters, living/sleeping quarters, and toilets and sanitation facilities to ensure
the maximum degree of privacy and protection for women and girls. Provide for
separate and secure toilets and bathing facilities for women in camps, relief centres,
and temporary/ transitional/intermediate housing sites.
 Provide secure access to all sites in relief camps and
temporary/transitional/intermediate housing sites, especially at night, including
through the presence of guards and adequate lighting for all walkways and
toilets/bathing facilities.
 Ensure that women’s rights to health, including their reproductive rights, are
protected, and that women’s health services are appropriate and culturally sensitive.
Ensure the presence of female healthcare providers and counselors at all sites.
 Consider women as independent units to receive compensation and rehabilitation. For
cash compensation, ensure that it is deposited in the bank accounts of women.
 Ensure that legal security of tenure is provided to women. Any titles provided to
alternative housing/land should be in the names of the adult woman/women of the
household.
 Provide easily accessible, gender-sensitive counseling and care services for survivors
of sexual violence.
 Take concerted steps to prevent trafficking, child labour, forced sex work, sexual
exploitation, and other forms of exploitation in the aftermath of the disaster.
 Ensure that women are provided adequate and timely information, are consulted, and
are able to participate in all stages of the relief and recovery process, including in
decisions regarding housing, resettlement, livelihood restoration, education of
children, healthcare, and transport
 Provide legal support to women, and assist them in accessing legal aid and other
remedies.
 Promote awareness on the human rights of women and the need for gender-sensitive
relief and rehabilitation processes to officials of disaster management authorities, the
government, and other involved agencies, including humanitarian and civil society
organizations.

70
5.4 Protection of Human Rights in India During Disaster

The Constitutional concern for social justice is to accord justice to all sections of the society by
providing facilities and opportunities to remove handicaps and disabilities from which the poor
are suffering and to secure dignity of their person. The Indian Constitution declares that India is
a welfare state, i.e., a state that promotes the general welfare of the people. Especially after the
Maneka Gandhi Case159, courts have expanded the scope of ‘life’ and ‘personal liberty’ under
Article 21. The Supreme Court has also interpreted the words ‘procedure established by law’ to
include both the procedural and substantive legal requirements of fairness, justness and
reasonableness. Article 21160, which guarantees the protection of life and personal liberty, is the
repository of all important human rights. From this, the Supreme Court has deduced an
affirmative obligation on the part of the state to preserve and protect human life. Right to life
being the most important of all human rights implies the right to live without the deleterious
invasion of pollution, environmental degradation and ecological imbalances.161

Chapter-6

Disaster management laws in India

INDIA is one of the most catastrophe-prone countries in the world, and it lacks a comprehensive
constitutional-legal framework for disaster management. Interestingly, until recently,
management of consecutive disastrous catastrophes was mostly reliant on disaster managers'
discretionary trial and error technique in the lack of any clear constitutional provision or
dedicated law enactment on the matter. In other words, due to a lack of categorical
constitutional-legal criteria, catastrophe management was chosen conjecturally based on its
operational dynamics. For a long time, disaster management was thought to be solely the
province of the states, with the central government having no or very little say in the subject.

159
Maneka Gandhi vs. Union of India,
160
The Constitution of India
161
www.lawyersclubindia.com/articles/disaster-management-and-law-a-human-rights-perspective-4497.asp

71
COVID-19 is the first pan-India biological calamity to be dealt with by the country's legal and
constitutional authorities. The present lockdown is mandated by the 2005 Disaster Management
Act (DM Act). Despite the fact that the Indian Constitution is silent on the subject of "disaster,"
the DM Act is based on Entry 23, Concurrent List of the Constitution's "Social security and
social insurance." Entry 29, Concurrent List, "Prevention of the spread of infectious or
contagious illnesses or pests affecting men, animals, or plants from one State to another," can
also be utilised for special legislation162

The legislative intent of the DM Act was to, “provide for the effective management of disasters”.
Under the DM Act, the National Disaster Management Authority (NDMA) is the key
government organisation for disaster management coordination, with the Prime Minister as its
Chairperson. The NDMA establishes policies, plans, and recommendations for disaster
management (S.6). Similarly, high-ranking officials were appointed to state, district, and local
disaster management authorities. All of these organisations are expected to collaborate. 163

6.1 The Epidemic Disease Act, 1897

The Epidemic Act is the first legislation enacted on disaster management to deal with the
bubonic plague. The Act aims for the better prevention of spread of dangerous epidemic
disease.164
The Act consists of 4 sections, the Central Government on several occasions have enforced the
provisions of this Act. In 2020 the Government of India issued the ordinance to make
amendment in the Act and made penal provisions for those who are attacking on the doctors or
health workers and made it cognizable and non-bailable offence.

162
The COVID and ambit of Disaster Management Act, 2005 available at
https://www.theweek.in/news/india/2020/04/26/covid-19-and-the-ambit-of-the-disaster-management-act.html
163
Id.
164
Preamble of The Epidemic Disease Act, 1897

72
The Act extends to whole India [except the territories which were comprised in Part B]. 165 After
the Amendment made in the Act the part B have been omitted and the Act extends to whole
India.166 The Amendment have been made in the Act and new sections have been inserted.

Section 1A have been inserted by the 2020 amendment Act this section deals with the definition
clause. The act defines “act of violence”167 , “healthcare service personnel”168, and “property”.169

Section 2 of the original Act of 1897 states that, If the State Government believes that the
ordinary provisions of the law for the time being in force are insufficient for the purpose, the
State Government may take, or require or empower any person to take, such measures and, by
public notice, prescribe such temporary regulations to be observed by the public or by a
government agency.170

Section 2A “the Central Government may take such measures, as it deems fit and prescribe
regulations for the inspection of any bus or train or goods vehicle or ship or vessel or aircraft
leaving or arriving at any land port or port or aerodrome, as the case may be, in the territories to
which this Act extends and for such detention thereof, or of any person intending to travel
therein, or arriving thereby, as may be necessary.”.171
Section 2B deals with the provision Prohibition of violence against healthcare service personnel
and damage to property. No person shall indulge in any act of violence against a healthcare
service personnel or cause any damage or loss to any property during an epidemic. 172 If any
person who commits or abets to commit any offence related to violence against healthcare
personnel or damages the property shall be punished by imprisonment for a time not less than
three months, but not less than five years, and a fine, which shall not be less than fifty thousand
rupees, but which may extend to two lakh rupees. 173 Section 3(3) of the Act makes provision that
any person while committing violence causes grievous hurt as defined under section 320 of IPC

165
The Epidemic Disease Act, 1897, section 1(2)
166
The Epidemic Disease (Amendment) Act, 2020
167
Id. at Sec. 1A(a)
168
Id. at Sec. 1A(b)
169
Id. at Sec. 1A(c)
170
The Epidemic Disease Act, 1897 Sec.2
171
The Epidemic Disease (Amendment) Act, 2020, sec. 2A
172
The Epidemic Disease (Amendment) Act, 2020, sec. 2B
173
Id. at Sec. 3(2)

73
shall be punished with imprison for term which shall not be less than six months but which may
extend to 7 years and also fine which shall not be less than 1 lakh but which may extend to 5
lakh.174
After section 3, Section 3A, 3B, 3C, 3D AND 3E were inserted in the Epidemic Disease
(Amendment) Act, 2020 these section makes

Cognizance, investigation and trial of offence: The act mandates that any offence committed
or abetted under sub-section (2) and sub-section (3) of section 3 it shall be cognizable and non-
bailable175 it shall be investigated by a police officer who shall not be below the rank of sub-
inspector.176 The Act mandates that an investigation must be completed within 30 days from the
date of registration FIR177 and it should be concluded within a year of commencement of trial.178
Where the proceeding is not concluded on time it shall be recorded for such delay.179
The Act makes provision that where a person is prosecuted for committing an offence punishable
under sub-section (2) of section 3, such offence may, with the permission of the Court, be
compounded by the person against whom such act of violence is committed.180

Presumption of offences: Where a person is prosecuted for committing an offence punishable

under sub-section (3) of section 3, the Court shall presume that such person has committed such
offence, unless the contrary is proved.181
Presumption of Culpable Mental State: The court while hearing shall presume that the
accused has the mental capacity to understand the gravity of offence, but it is on the accused to
prove that he had no such mental state to understand the gravity of the offence. The court must
believe beyond any doubt in order to get the benefit of mental state.182

Compensation for the violence: The person convicted shall be liable to pay fine which may be
determine by the court and such amount shall be given to any healthcare person who is injured.
174
Id. at Sec.3(3)
175
Id. at Sec. 3A(i)
176
Id. at Sec. 3A(ii)
177
Id. at Sec. 3A(iii)
178
Id. at Sec. 3A(iv)
179
Proviso of section 3A of The Epidemic Disease (Amendment) Act, 2020
180
The Epidemic Disease (Amendment) Act, 2020, Sec.3B
181
The Epidemic Disease (Amendment) Act, 2020, Sec.3C
182
Id. at Sec. 3D

74
Such compensation shall be twice to the market value. If in case such person fails to pay the
compensation awarded under sub-section (1) and sub-section (2) such amount shall be recovered
as an arrear of land revenue under the Revenue Recovery Act,1890183.
Protection to persons acting under Act.—No suit or other legal proceeding shall lie against any
person for anything done or in good faith intended to be done under this Act.184

6.2 Disaster Management ACT 2005

The Disaster Management Act mandates the development, implementation, and execution of a
disaster management plan from the federal government to the district and local levels. A national
disaster management authority will be established under the chairmanship of the prime minister,
according to the statute. State disaster management agencies would report to chief ministers,
while district disaster management agencies will report to district magistrates. The nodal entity
would be the national authority, which would put out all of the plans and policies with the help
of secretaries from other ministries and departments.

The Disaster Management Act, 2005 is an act of parliament it received the assent of President on
23rd December 2005185 and came into force on January 2006. The Act stipulates for the
establishment of a National Disaster Management Authority (NDMA), state disaster
management authorities, and district disaster management authorities. The Act specifies the
government's disaster management methods, the participation of local governments, and offences
and punishments. It also calls for the creation of a National Institute of Disaster Management. 186

The Disaster Management Act, 2005 consists of XI chapters and 79 sections.

Chapter I deals with section 1 and 2 of the Act which are preliminary sections. Section 1 states
that this act may be called as Disaster Management Act, 2005 187 and it extend to whole India.188
The Act shall come into force when the Central Government specifies so. The different

183
Id. at Sec. 3E
184
The Epidemic Disease Act, 1897 sec.4
185
The Disaster Management Act, 2005
186
https://ruralindiaonline.org/ accessed on May 11, 2022
187
Disaster Management Act,2005 Sec. 1(1)
188
Id. at Sec. 1(2)

75
provisions of the Act may come into force on any such day when the Central Government
specify in Official Gazette.189 Section 2 of the Act deals with the definition clauses.

6.2.1 National Disaster Management Authority

Chapter II of the Act makes provision for the National Disaster Authority this chapter consists of
11 sections from section 3 to section 13.

The Central Government by notification in Official Gazette may establish a National Disaster
Management Authority.190 The Prime Minister shall be the ex-officio chairman of the authority
and other members not exceeding nine. 191 The chairperson can appoint any member as vice-chair
person.192 The National Authority shall meet whenever the chairperson deems fit. The meeting
shall be presided over by the Chairperson and if the Chairperson is unable to attend the meeting
the vice-chairperson shall preside over the meeting of National Authority.193

6.2.1.1 Power and Function of National Authority

The National Authority will be in charge of establishing disaster management policies, strategies,
and guidelines to ensure a quick and effective response to disasters.194

a) establish disaster management policies;

b) approve the National Plan;
c) approve plans prepared by Ministries or Departments of the Government of India in
accordance with the National Plan;
d) establish guidelines to be followed by State Authorities in developing the State Plan; and
e) establish guidelines to be followed by the various Ministries or Departments of the
Government of India for the purpose of integrating disaster prevention measures.;

189
Id. at Sec. 1(3)
190
Id. at Sec. 3
191
Id. at Sec.3(2)
192
Id. at Sec.3(3)
193
Id. at Sec.4
194
Id. Sec.6

76
The Chairperson in case of the State Authority shall use any or all of the provisions in case of
emergency.195

6.2.2.3 State Executive Committee

The State Government shall constitute a State Executive Committee to assist the State Disaster
Management Authority.196 The State Executive Committee consists of the Chief Secretary as the
ex-officio chairman and four other secretaries to the State Government of any department which
State Government deems fit.197 The power and procedure to function are prescribed by the State
Government.

6.2.2.4 Functions of State executive Committee198

The State Executive Committee will be in charge of putting the National and State Plans into
action, as well as coordinating and monitoring disaster management in the state.

Without prejudice to the generality of the provisions of subsection (1), the State Executive
Committee may-

a) coordinate and monitor the implementation of the National Policy, the National Plan, and
the State Plan;
b) assess the vulnerability of different parts of the State to various types of disasters and
specify measures to be taken for their prevention or mitigation;
c) establish guidelines for the preparation of disaster management plans by departments of
the State Government and District Authorities; and
d) monitor the implementation of disaster management plans.;
e) monitor the departments' implementation of the State Authority's guidelines for
incorporating disaster prevention and mitigation measures into their development plans
and projects;
f) evaluate preparedness at all governmental or non-governmental levels to respond to any
threatening disaster situation or disaster and give directions, where necessary, for
enhancing such preparedness;
195
Disaster Management Act,2005 sec.18(3)
196
Id. at Sec.20(1)
197
Id. at Sec.20(2)
198
Id. at Sec. 22

77
 g) coordinate response in the event of any threatening disaster situation or disaster.promote
general education, awareness and community training in regard to the forms of disasters
to which different parts of the State are vulnerable and the measures that may be taken by
such community to prevent the disaster, mitigate and respond to such disaster;
h) advise, assist, and coordinate the activities of the Departments of the State Government,
District Authorities, statutory bodies, and other governmental and non-governmental
organisations involved in disaster management;
i) provide necessary technical assistance or advice to District Authorities and local
authorities in order for them to carry out their functions effectively;
j) advise the State Government on all financial matters relating to disaster management.;
k) examine the construction in any local area in the State and, if it believes that the
standards laid down for such construction for disaster prevention are not being or have
not been followed, may direct the District Authority or the local authority, as the case
may be, to take whatever action is necessary to ensure compliance with such standards;
l) supply the National Authority with information on various elements of disaster
management;
m) establish, evaluate, and update State level response plans and guidelines, as well as
ensuring that district level plans are produced, reviewed, and updated; n) ensure that
communication systems are operational and crisis management drills are conducted on a
regular basis.;
n) perform such other functions as may be assigned to it by the State Authority or as it may
consider necessary

6.2.3 District Disaster Management Authority

Chapter IV of the Act deals with the District Disaster Management Authority. It consists of 11
sections.

The District Disaster Management Department formulates and carries out the plan under the
overall guidance of the District Magistrate. However, it is impossible for the Relief Department
alone to formulate the plan without the co-operations of the various lines departments that are
concerned with disaster management. Prominent among such departments are Irrigation and
Waterways, Public Health Engineering, Health, Animal Husbandry, Agriculture, Food and

78
Supplies, Public Works Department, Telecommunication, Electricity, etc. Last but not the least
the Police Department has a very major role in carrying out the plan. This Committee takes stock
of the situation, monitors routine preparedness, suggests improving response mechanism and
develops a document for disaster management in the district. It has been decided that the
committee shall sit at least twice in a year for the above purpose.199

Every State government shall as soon as possible establish a District Disaster Management
Authority after issuing the notice in the official gazette under sub-section (1) of section 14. 200

The District Authority shall consist of a chairperson and seven other members the members to be
appointed by the State Government following members:

6.2.4.1 Measures Taken by Central Government

For the purpose of disaster management the Central Government shall take all the appropriate
measure which it deems fit.201 Without being prejudice the Central Government may take
measures in all or any of the following matters namely:202

a) Coordination of disaster management operations by Ministries or Departments of the

Government of India, State Governments, National Authorities, State Authorities,
governmental and non-governmental organisations;
b) guarantee that Ministries or Departments of the Government of India incorporate disaster
preventive and mitigation strategies into their development plans and programmes;
c) guarantee that suitable funds are allocated by the Government of India's Ministries or
Departments for disaster prevention, mitigation, capacity-building, and preparation;
d) ensuring that the Ministries or Departments of the Government of India take the required
precautions to respond quickly and effectively to any serious catastrophe scenario or
disaster;
e) cooperation and assistance to State Governments, as requested by them or otherwise
deemed appropriate by it;
199
Debabrata Mondal, DebabrataBasu, Disaster Management Concept and Approach, Pg.68, (Oxford & IBH
Publishing Co. Pvt. Ltd.) New Delhi, First Edition, 2020
200
Disaster Management Act,2005 sec.25(1)
201
Disaster Management Act,2005 Sec. 35(1)
202
Id. at Sec. 35(2)

79
 f) deployment of naval, military, and air forces, as well as other Union armed services and
civilian people as may be needed for the objectives of this Act;
g) For the purposes of this Act, collaboration with United Nations agencies, international
organisations, and foreign governments is required;
h) establish institutions for research, training, and developmental programmes in the field of
disaster management;
i) such other matters as it deems necessary or expedient for the purpose of securing
effective implementation of the provisions of this Act

The Central Government may extend such support to other countries affected by major disaster
as it may deem appropriate.203

6.2.4.2 Measures Taken by State Government

State Government to take measures.- (1) Subject to the provisions of this Act, each State
Government shall take all measures specified in the guidelines laid down by the National
Authority and such further measures as it deems necessary or expedient, for the purpose of
disaster management. (2) The measures which the State Government may take under sub-section
(1) include measures with respect to all or any of the following matters, namely:-204

a) For the purposes of this Act, collaboration with United Nations agencies, international
organisations, and foreign governments is required.;
b) disaster management cooperation and support to the National Authority and National
Executive Committee, the State Authority and State Executive Committee, and the
District Authorities;
c) collaboration with and help to the Government of India's Ministries or Departments in
disaster management, when asked by them or otherwise considered suitable by it;
d) Allocation of financing by State Government departments for disaster prevention,
mitigation, capacity-building, and readiness in accordance with the State Plan and
District Plans;

203
Disaster Management Act,2005 Sec. 35(3)
204
Disaster Management Act,2005 sec. 38

80
 e) ensuring that the State Government's agencies implement disaster prevention and
mitigation measures into their development plans and projects;
f) Measures to restrict or reduce the susceptibility of various regions of the state to various
disasters should be incorporated into the State Development Plan.;
g) guarantee that different departments of the State prepare disaster management plans in
accordance with the rules established by the National Authority and the State Authority.;
h) establishment of adequate warning systems up to the level of vulnerable communities;
i) ensure that different departments of the Government of the State and the District
Authorities take appropriate preparedness measures;
j) ensure that, in the event of a threatening disaster situation or disaster, sources from
various State Government departments are made available to the National Executive
Committee, State Executive Committee, or District Authorities, as appropriate, for the
purposes of effective response, rescue, and relief in any threatening disaster situation or
disaster.;
k) provide rehabilitation and reconstruction assistance to the victims of any disaster; and
l) any other areas it deems necessary or expedient for ensuring the effective implementation
of the provisions of this Act.

6.2.5 Local Authorities

Chapter VI of the Act deals with the Local Authority on Disaster Management.

Function of Local Authority:205

Subject to the directions of the District Authority, a local authority shall-

a. ensure that its officers and employees are trained in disaster management;
b. ensure that disaster management resources are maintained in such a way that they are
readily available for use in the event of any threatening disaster situation or disaster; and
c. ensure that all construction projects under its or within its jurisdiction conform to the
standards and specifications laid down by the National Authority, State Authority, and
the Federal Government for disaster prevention and mitigation.

205
Disaster Management Act,2005 sec 41

81
 d. conduct out relief, rehabilitation, and rebuilding efforts in the affected region according
with the State Plan and the District Plan.

(2) The local authority may take such other measures as may be necessary for the disaster
management.

6.2.6 National Disaster Response Forces

A National Catastrophe Reaction Force will be established to provide specialised response to a

dangerous disaster scenario or disaster. Subject to the provisions of this Act, the Force shall be
organised in such a manner, and the terms of service of its members, including disciplinary
procedures, shall be as provided.206

6.2.7 Offences and Penalties

Chapter X of the Act deals with the provisions of Offences and Penalty. The chapter consists of
10 sections from section 51 to section 60.

Any person who obstructs any officer or employee of National Authority, State Authority,
District Authority in discharge of his duty without any reasonable cause and refuses to comply
with the orders of the Central or State Government, National Executive Committee, State
Executive Committee, or the District Authority under this Act, shall be punished with
imprisonment for a term which may extend to one year or with fine, or with both, and if such
obstruction or refusal to comply causes loss of lives or eminent danger shall be punished with
imprisonment of 2 years.207

Punishment for false claim: any person knowingly makes a false claim to get the
advantages/benefits from Central Government , State Government, National Authority, State
Authority or the District Authority shall be punished with imprisonment which may extend to 2
years and also with fine.208

206
Id. Sec. 44
207
Disaster Management Act,2005, sec. 51
208
Id. at Sec. 52

82
Under section 53 of the Act, action can be taken against those person who misappropriate the
money provided to help the people affected from disaster. Punishment can extend to two years
and fine or with both.209

Whoever produces or distributes a false alert or warning about a disaster or its severity or extent,
causing panic, is punished by imprisonment for up to a year or a fine.210

Offences by Department of Government:

When any Department of the Government commits an offence under this Act, the head of the
Department is deemed guilty of the offence and is liable to be prosecuted and punished
accordingly unless he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the offence from being committed.211

If a Department of the Government commits an offence under this Act and it is proven that the
offence was committed with the consent or connivance of, or is attributable to the neglect of, any
officer other than the head of the Department, such officer shall be deemed guilty of that offence
and shall be prosecuted and punished accordingly., notwithstanding anything contained in sub-
section (1).212

Action can be taken against those officers or employees who omits his duty which he is legally
bound to do at the time of disaster he shall be punishable with imprisonment for one year. 213
Exception to the section is given in the section itself that such officer must take prior permission
from the concerned authority. 214

Penalty for contravention on requisition : If any person contravenes any order of the government
under section 65, he shall be punishable with imprisonment for term which me extend to one
year and also be liable to fine.215

209
Id. at Sec. 53
210
Id. Sec. 54
211
Id. Sec. 55(1)
212
Disaster Management Act,2005, sec. 55(2)
213
Id. Sec. 56
214
Ibid.
215
Id. Sec. 57

83
Offence by Companies: Action can be taken against the companies, body corporate for violating
disaster management rules. The person who is in-charge of the company or body corporate at the
time of commission of such offence shall be held liable, and if, the person liable proves the it
was not a malicious act and without intention instead he tried to avoid such harm no action shall
be taken against him.216

Previous sanction for prosecution: Section 59 states that where any action is to be taken against
any government officer or employee a prior permission from the Central Government or the state
Government as the case may be, or from the person who is appointed by the Government for this
purpose.217

Section 60 clearly states that court can take cognizance of those cases during disaster under the
Disaster Management Act 2005, which is filed by the government or administration.218

6.2.8 Miscellaneous provisions under Disaster Management Act, 2005

Chapter XI of the Act deals with the miscellaneous provisions of the Act. It consists of 19
sections from section 61 to section 79.

Section 61 of the act makes prohibition on discrimination on the basis of sex, caste community,
or religion while providing facilities to the victims of disaster. 219 The Central Government is
empowered to issue any direction to any authority, or committee, or any officer or employee to
assist in disaster management and same is bound to comply with the directions issued by the
central government.220

Section 65 of the Act empowers the National Executive Committee, State executive committee
or District authority or any officer who is authorised under this act may order for requisition of
any vehicle, building, premises for the purpose of transportation to affected areas or providing
facilities, or to make shelter or for any other purposes, the authority may in writing order for the
requisition, such requisition shall not extend beyond the period of such requirement.221

216
Id. Sec. 58
217
Id. Sec. 59
218
Id. Sec.60
219
Disaster Management Act,2005, sec. 61
220
Id. Sec. 62
221
Id. Sec. 65

84
Section 66 of the Act makes provision for compensation, whenever any premises or vehicle is
requisitioned as per the order under section 65 the compensation must be paid to the owner or the
person in possession the amount of compensation should be determined by the standard rent in
the locality. 222

Delegation of power and effect of the Act: By imposing certain conditions and limitations the
Central Executive Committee or the State Executive Committee by general or special order in
writing can delegate their power to the chairperson or any other member or any officer. 223 This
Act have overriding effect.224

Power of Central Government to make rules:

The Central Government under section 75 is empowered to make rules regarding composition
and term of the members of National Authority, allowances of the members of advisory
committee, power and functions of the Chairperson National Executive Members, the manner of
constitution of force and the manner in which a complaint is to be made to the National
Authority, State Authority, Central Government and State Government.225

Power of State Government to make rules:

The State Government under section 78 is empowered to make rules regarding composition and
term of the members of State Authority, allowances of the members of advisory committee,
power and functions of the Chairperson State Executive Members, allowances to the members of
sub-committee constituted by State Executive Committee, the composition of the District
Authority and allowances payable to them. Rule made by the State Government must be
presented before the house of State Legislature.226

6.3 Disaster Management Rule, 2006

In 2006 the Disaster Management Rule was enacted by the Parliament, these regulations may be
called The National Institute of Disaster Management Regulations, 2006. It consists of 18 Rules.

222
Id. Sec. 66(1)
223
Id. Sec.69
224
Id. Sec.72
225
Disaster Management Act,2005, sec. 75
226
Id. Sec. 78

85
6.4 Disaster Management Amendment Act, (2018)

In 2018 an amendment was made in Disaster Management Act, 2005 and a new section 46A was
inserted. This section deals with the National Rehabilitation and Construction Fund.

Section 46A empowers the Central Government to establish the National Rehabilitation and
Reconstruction Fund by notification in the Official Gazette to cover the costs of post-disaster
rehabilitation and reconstruction. Consultation with the National Authority the Central
Government within 60 days lay down the guidelines to allocate the funds.

Where a State Government fails to meet the expenses for rehabilitation and reconstruction it may
make request to the Central Government for the fund. The Central Government within days from
the date of request must provide the fund to the state and where the Central Government fails to
provide the fund it shall be communicated to the concerned State.227

6.5 National Disaster Management Plan

The National Disaster Management Strategy (NDMP), the country's first national disaster
management strategy, was announced in 2016. The Sendai Framework for Disaster Risk
Reduction 2015-2030, to which India is a signatory, has been included into India's National
Disaster Management Plan (2016).228 National Disaster Management Policy defines the role and
responsibilities of the various stakeholders including the Central Ministries/Department, State
Government, Administrators of Union Territory, District Authorities and local self governments.

It is aligned broadly on SENDAI frame work for Disaster Risk Reduction, the Sustainable
Development Goals 2015-2030 and the Paris agreement on Climate change at COP-21.

The National Disaster Management Strategy (NDMP) was launched in 2016, and it is the
country's first national disaster management plan. India has integrated its National Disaster
Management Plan (2016) with the Sendai Framework for Disaster Risk Reduction 2015-2030, to
which India is a signatory.

227
The Disaster Management (Amendment) Act, 2018, Section 46A
228
The National Disaster Management Plan, Act 2016, available at https://www.insightsonindia.com/

86
Salient Features of National Disaster Management Plan, 2016

 The National Disaster Management Plan seeks to make India more disaster-resistant and
decrease the loss of lives and property.
 National Disaster Management Plan based on the Sendai Framework's four priority
themes, namely: understanding disaster risk, improving disaster risk governance,
investing in disaster risk reduction (via structural and non-structural measures) and
disaster preparedness, early warning, and rebuilding better in the aftermath of a disaster.
 All aspects of disaster management are covered by the NDMP: prevention, mitigation,
response, and recovery.
 The NDMP stipulates the tasks and responsibilities of all levels of government up to and
including Panchayat and Urban Local Body.
 It provides for horizontal and vertical integration among all the agencies and departments
of the Government.
 The plan also lays out the roles and responsibilities of all levels of government, all the
way down to the Panchayat and Urban Local Body level, in a matrix format.
 The strategy takes a regional perspective, which will help with crisis management as well
as development planning.
 It is developed in such a way that it can be deployed in all phases of disaster management
in a scalable manner..
 It also acts as a checklist for emergency response agencies, outlining critical activities
such as early warning, information distribution, medical care, fuel, transportation, search
and rescue, and evacuation. It also provides a general structure for rehabilitation as well
as the freedom to assess and improve a condition..
 The NDMP highlights a stronger need for Information, Education, and Communication
programmes to equip communities to cope with catastrophes.

National Disaster Management Plan 2019

The National Disaster Management Plan for 2019 gives government agencies a framework and
direction for all aspects of the disaster management cycle. It complies with the Disaster
Management Act of 2005 and the direction provided in the National Policy on Disaster

87
Management (NPDM) 2009. The plan is described as a "dynamic document" that will be updated
on a regular basis to reflect growing global best practises and expertise in disaster
management.229

According to the strategy, including disaster resilience into policymaking signifies a shift in
global disaster resilience responsibility (DRR) frameworks' focus from catastrophe management
to disaster risk management. This transition is driven by a shift in understanding disasters from a
"Act of God" to a social phenomena on a global scale. The Plan emphasizes on the enhancing the
capacity of the community in addition to identifying and reducing hazard risk. The plan
identifies disaster resilience section as the one including all aspects of pre-disaster risk
management.

229
“The National Disaster Management Plan, 2019”, vol.57, Economic & Political Weekly, available at
https://www.epw.in/journal/2022/

88
 Chapter- 7

COVID as a Disaster and Judicial Response in Disaster.

The COVID-19 epidemic or pandemic is a corona-virus disease outbreak that began in

2019 (COVID-19). The outbreak was originally reported in Wuhan, China, in late December
2019, but the source was unknown. On January 22, 2020, Hong Kong (China) announced the
first confirmed COVID19 patient, and the number of confirmed cases rapidly grew. On January
30, 2020, the World Health Organization (WHO) declared the outbreak a Public Health
Emergency of International Concern (PHEIC). The number of infected cases continued to rise
during the early stages of the COVID-19 pandemic. There was a shortage of competent
manpower (such as nurses and doctors with critical care experience) and resources, as well as the
absence of a public health emergency response framework for formulating contingency plans and
coordinating anti-epidemic response action (such as masks, personal protective equipment, &
ventilators). The situation worsened, COVID-19 spread from continent to continent, and on
March 11, 2020, WHO proclaimed the COVID-19 outbreak a pandemic.230

Corona-virus disease (COVID-19) pandemic is described as humanity’s worst crisis since World
War II.231 COVID-19 is an infectious disease caused by the SARS-CoV-2 virus. Most people
infected with the virus will experience mild to moderate respiratory illness and recover without
requiring special treatment.232 However, some will become seriously ill and require medical
attention. Older people and those with underlying medical conditions like cardiovascular disease,
diabetes, chronic respiratory disease, or cancer are more likely to develop serious illness. Anyone
can get sick with COVID-19 and become seriously ill or die at any age.233

Impacts of COVID-19 are not distributed equally. In a study in New York City, it is shown that
moving from the poorest zip codes to the richest zip codes is associated with an increase in the
fraction of negative COVID-19 test results from 38 to 65%.234

230
Sensitization of Judicial Officer on Effective Implementation of Disaster Management Act, 2005 available at
http://rajasthanjudicialacademy.nic.in/docs/studyMaterial27012021.pdf
231
COVID as a Natural Disaster available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7492580
232
Corona Virus disease- 2019, available at https://www.who.int/health-topics/coronavirus#tab=tab_1
233
Id.
234
COVID as a Natural Disaster available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7492580

89
Fever and dry cough (the two most prevalent symptoms), weariness, aches and pains, and nasal
congestion are all prominent symptoms of COVID-19. Other symptoms, such as a loss of smell
or taste, have emerged as the epidemic spread over the world; these are not yet definite evidence
of infection with the novel corona-virus, and the World Health Organization is investigating. 235
On March 11, 2020, COVID-19 was declared a global pandemic. Over 511 million cases,
including over 6.2 million deaths, had been documented worldwide as of May 1, 2022.

Both symptomatic and asymptomatic people can spread the virus by respiratory droplets when
they come into close contact (within 6 feet). Transmission by aerosols and potentially contact
with fomites is also possible, though this is not regarded to be the predominant route.

As of May 8th, 2020, the World Health Organization (WHO) had documented 3,759,967
positive COVID-19 cases, and the death toll attributed to COVID-19 had reached 259,474
worldwide. So far, more than 212 countries and territories have confirmed cases of SARS-CoV-2
infection. On January 30th, 2020, the WHO declared COVID-19 a Public Health Emergency of
International Concern.

COVID in India

The coronavirus illness (COVID-19) pandemic, which began in the Chinese city of Wuhan, has
quickly spread to other nations, with several cases recorded around the world. In India, 56,342
positive cases have been reported as of May 8th, 2020. With a population of over 1.34 billion
people, India will face challenges in limiting the spread of the severe acute respiratory syndrome
coronavirus-2 among its citizens. To contain the current outbreak, multiple measures would be
required, including computational modelling, statistical tools, and quantitative analytics, as well
as the speedy development of a new therapy.236

The first SARS-CoV-2 positive case in India was reported in the state of Kerala on January 30th,
2020. Subsequently, the number of cases drastically rose. According to the press release by the
Indian Council of Medical Research (ICMR) on May 8th, 2020, a total of 14,37,788 suspected

235
Corona Virus disease- 2019, available at https://www.who.int/health-topics/coronavirus#tab=tab_1
236
The Rise and Impact of Covid, available at https://www.frontiersin.org/articles/10.3389/fmed.2020.00250/full
accessed on May 11, 2022

90
samples had been sent to the National Institute of Virology (NIV), Pune, and a related testing
laboratory.237

The Indian Ministry of Health and Family Welfare has raised awareness about the new epidemic
and taken the required steps to stop COVID-19 from spreading. To attain this purpose, the
federal and state governments are taking many steps and developing several wartime protocols.
In addition, on March 25th, 2020, the Indian government imposed a 55-day lockdown across the
country to prevent the virus from spreading. This outbreak is intrinsically related to the country's
economy, as it has severely hampered industrial sectors because people all over the world are
currently wary of doing business in the impacted areas.238

COVID-19 is the first pan-India biological calamity to be dealt with by the country's legal and
constitutional authorities. The present lockdown is mandated by the 2005 Disaster Management
Act (DM Act). Despite the fact that the Indian Constitution is silent on the subject of "disaster,"
the DM Act is based on Entry 23, Concurrent List of the Constitution's "Social security and
social insurance." Entry 29, Concurrent List, "Prevention of the spread of infectious or
contagious illnesses or pests affecting men, animals, or plants from one State to another," can
also be utilised for special legislation239

Since the World Health Organization (WHO) confirmed on 22 January 2020 that there was
evidence of human-to-human transmission of a novel coronavirus, named 2019-nCOV or
COVID-19, outbreaks of COVID-19 have caused a significant number of deaths worldwide. 240
Till date (09 May 2022) 62,55,835 deaths has been caused due to COVID-19. There are
currently 518,718,501 confirmed cases in 226 countries and territories.241

Role of Government in COVID

On March 24, 2020, India's Ministry of Home Affairs declared "the COVID-19 outbreak," which
has spread to numerous countries and been labelled a pandemic by the World Health
Organization. The Government of India (GOI) has taken a number of proactive preventive and
237
Id.
238
The Rise and Impact of Covid, available at https://www.frontiersin.org/articles/10.3389/fmed.2020.00250/full
239
The COVID and ambit of Disaster Management Act, 2005 available at
https://www.theweek.in/news/india/2020/04/26/covid-19-and-the-ambit-of-the-disaster-management-act.html
240
Id.
241
https://covid19.who.int/

91
mitigating measures, including tightening international travel restrictions, issuing public
advisories, establishing quarantine facilities, tracing the contacts of those infected with the virus,
and various social distancing measures. Several advisories have been issued to states and union
territories (UTs) urging them to take the required steps to stop the virus from spreading. Metro
and rail services, as well as domestic aviation travel, have been temporarily suspended by the
government. The issue has been constantly assessed at the level of India's Prime Minister.242

The Prime Minister addressed to the nation on the importance of taking preventative measures
and held a video conference with all of the Chief Ministers. While the initiatives made by
state/UT governments are positive, a lack of consistency in the measures selected and their
implementation may hinder the goal of restricting the virus's spread. Given the circumstances,
The National Disaster Management Authority (NDMA), chaired by Hon‟ble Prime Minister Shri
Narendra Modi, in exercise of the powers under section 6(2) (i) of the Disaster Management Act,
2005, has issued an Order dated 24.03.2020, directing the Ministries/ Departments of
Government of India, and the State/Union Territory Governments and State/ Union Territory
Authorities to take effective measures to prevent the spread of COVID-19 in the country.243

In accordance with the NDMA's Order, the Ministry of Home Affairs (MHA) has issued an
Order dated 24.03.2020 under Section 10(2)(l) of the Disaster Management Act, directing the
Ministries/Departments of the Government of India, State/Union Territory Governments, and
State/Union Territory Authorities to take effective measures to ensure social distancing in order
to prevent the spread of COVID-19 across the country. The Order will be in effect for 21 days in
all sections of the country, beginning on March 25, 2020. The Government of India's
Ministries/Departments, as well as state governments and union territory administrations, have
been asked to ensure that these Orders be strictly followed. MHA will monitor the execution of
these measures.

According to the WHO, "Social Distancing" is critical for COVID19 management. For a country
with a population of 1.3 billion people, achieving social distance requires complete lockdown,
which is difficult to implement without adequate testing and communication. Thus, PM Modi's
call for a "Janata Curfew," in which the entire country voluntarily stays at home for 12 hours,
242
Sensitization of Judicial Officer on Effective Implementation of Disaster Management Act, 2005 available at
http://rajasthanjudicialacademy.nic.in/docs/studyMaterial27012021.pdf
243
Id.

92
helped not only in understanding the pain points prior to the 21-day lockdown, but also in giving
the public experience in making prior preparations, which caused very little disruption due to
weekend.

Role of Judiciary During Pandemic

During times of emergency, curfews, and lockdowns, the COVID-19 epidemic has posed
significant issues for court operations. The pandemic that swept the globe stunned litigants,
lawyers, judges, and justice administrators, without a doubt. To ensure the continuous
administration of justice, the Supreme Court of India and High Courts have taken steps to limit
the physical presence of lawyers, litigants, court officials, paralegals, and representatives of the
electronic and print media in courts across the country. Members of the judiciary provided
excellent cooperation in the implementation of measures aimed at reducing the virus's spread.
Scaling back traditional operations within court precincts is a step in the right direction. Access
to justice is essential for maintaining the rule of law in the Indian democracy envisaged by the
Constitution. The issues posed by COVID-19 were resolved while maintaining the constitutional
commitment to ensuring the delivery of and access to justice for those seeking it. It was vital to
ensure that various health authorities, the Government of India, and states issued social
distancing instructions from time to time. During that time, court sessions in public should be the
exception rather than the rule. Courts at all levels heeded the demand for social distance and
made sure that court grounds did not aid in the spread of the virus. This can only be
accomplished via the combined efforts of the Supreme Court and the High Courts.

Court hearings in congregation ought to become an exception during that period. Courts at all
levels responded to the call of social distancing and ensured that court premises do not contribute
to the spread of virus. This can only be achieved with the collective efforts of Apex Court and
High Courts.

In re: Guidelines for court functioning through video conferencing during Covid-19
Pandemic

93
Apex Court exercised power under Article 142 of the Constitution of India and issued following
guidelines.

i. All measures that have been and shall be taken by this Court and by the High Courts, to
reduce the need for the physical presence of all stakeholders within court premises and to
secure the functioning of courts in consonance with social distancing guidelines and best
public health practices shall be deemed to be lawful.
ii. The Supreme Court of India and all High Courts are authorized to adopt measures
required to ensure the robust functioning of the judicial system through the use of video
conferencing technologies; and
iii. Consistent with the peculiarities of the judicial system in every state and the dynamically
developing public health situation, every High Court is authorised to determine the
modalities which are suitable to the temporary transition to the use of video conferencing
technologies;
iv. The concerned courts shall maintain a helpline to ensure that any complaint in regard to
the quality or audibility of feed shall be communicated during the proceeding or
immediately after its conclusion failing which no grievance in regard to it shall be
entertained thereafter.
v. The District Courts in each State shall adopt the mode of Video Conferencing prescribed
by the concerned High Court.
vi. The Court shall duly notify and make available the facilities for video conferencing for
such litigants who do not have the means or access to video conferencing facilities. If
necessary, in appropriate cases courts may appoint an amicus-curiae and make video
conferencing facilities available to such an advocate.
vii. Until appropriate rules are framed by the High Courts, video conferencing shall be
mainly employed for hearing arguments whether at the trial stage or at the appellate
stage. In no case shall evidence be recorded without the mutual consent of both the
parties by video conferencing. If it is necessary to record evidence in a Court room the
presiding officer shall ensure that appropriate distance is maintained between any two
individuals in the Court.
viii. The presiding officer shall have the power to restrict entry of persons into the court room
or the points from which the arguments are addressed by the advocates. No presiding

94
 officer shall prevent the entry of a party to the case unless such party is suffering from
any infectious illness. However, where the number of litigants are many the presiding
officer shall have the power to restrict the numbers. The presiding officer shall in his
discretion adjourn the proceedings where it is not possible to restrict the number. In line
of these directions various guidelines were issued by the High Courts all over the country
for containment of transmission of virus and also to ensure access of justice to all.

Judicial Pronouncement

i. N.D. Jayal and Anr. Vs. Union of India (UOI) and Ors.244

In this case the Hon`ble Supreme Court observed, that

“Disaster Management means all aspects of planning, coordinating and implementing all measures which
are necessary or desirable to prevent, minimize, overcome or to stop the spread of a disaster upon the
people or any property and includes all stages of rescue and immediate relief. It is a proven fact that lot of
human suffering and misery from large number of disasters can be mitigated by taking timely actions,
planning and preventive measures. It is possible only through well functioning disaster management
framework. This will enable us to minimize, control and limit the effects of disaster and will streamline
the disaster management exercises. Our present relief centered re-active approach after the striking of
disaster need to be changed into preparedness oriented pro-active attitude. This is the aim of pre-disaster
preparations. Disaster Management Plans has to play an integral role in this exercise. They are blue prints
for the management of disasters. 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 more firm foundation. 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 endeavors. Therefore,
disaster management cannot be separated from sustainable development. District Authority refers to the
District Disaster Management Authority. District Plan refers to the Plan for disaster management for
district. Local Authority refers to Panchayati raj institutions, municipalities, district board, cantonment
board, town planning authority, Zila Parishad or other authority responsible for providing essential
services within a specified local area.”

244
N.D. Jayal and Anr. Vs. Union of India (UOI) and Ors (2004)9SCC362

95
ii. Gaurav Kumar Bansal and Ors. vs. Union of India (UOI) and Ors.245

In this the Apex Court reviewed the NDMA's actions and concluded that there has been adequate
compliance with the Act's provisions and that we do not need to give any specific directions. All
we need to say is that the NDMA, which was established at the national level, and the State
Disaster Management Authority, which was established at the state level, must remain vigilant at
all times and ensure that, in the event of an unfortunate disaster, total preparedness is in place
and that minimum standards of relief are provided to all those affected.

iii. Gurusimran Singh Narula vs. Union of India (UOI) and Ors246

While dealing with the Public Interest Litigation filed to seek direction to forthwith ban on
spraying of all kinds of disinfectants on human beings which is being done supposedly for
protecting the human beings from the Novel Coronavirus disease 2019. The Apex Court
observed as under: “When Respondent No. 1 has issued advisory that use of disinfectant on
human body is not recommended and it has been brought into its notice that despite the said
advisory, large number of organizations, public authorities are using disinfectants on human
body, it was necessary for the Respondent No. 1 to issue necessary directions either to prevent
such use or regulate such use as per requirement to protect the health of the people. The
provisions of Disaster Management 17 Act, Section 10, 36 and other provisions are not only
provisions of empowerment but also cast a duty on different authorities to act in the best interest
of the people to sub-serve the objects of the Act.”

iii. Kush Kalra V. Union Of India, 247

The direction in this case came after a PIL was filed before the Court seeking an end to the
practice of authorities affixing posters outside residences of Covid-19 positive persons who are
under home isolation. The Petition requested that orders be issued prohibiting officials of the
Health Department from publishing the names of COVID-19 positive people in the States and
245
Gaurav Kumar Bansal and Ors. vs. Union of India (UOI) and Ors., 2017(6)SCC 730
246
Gurusimran Singh Narula vs. Union of India (UOI) and Ors, 2020(6)ALT 170
247
Kush Kalra V. Union Of India, 2020 SCC Online SC1017

96
Union Territories, as well as from freely circulating their names in welfare associations of colony
and apartment complexes, which are serious violations of fundamental rights, such as the right to
privacy and the right to live in dignity. As of today, no State or Union Territory is needed to put
posters outside the residences of COVID-19 positive persons, according to a three-judge panel
consisting of Ashok Bhushan, R. Subhash Reddy, and MR Shah, JJ. Only when a direction is
given by the competent authority under the Disaster Management Act, 2005, can state
governments and union territories do so.

iv. In Re: Problems and Miseries of Migrant Labourers248

The National Disaster Management Authority in exercise of power under Section 6(2)(i) decided
to direct the Ministries/Departments of Government of India, State Governments and State
Authorities to take measures for ensuring Social Distancing so as to prevent the spread of
Covid19 in the country w.e.f. 25.03.2020 for twenty-one days. Necessary guidelines were also
issued on 24.03.2020 by the Government of India, Ministry of Home Affairs. The migrant
labourers on account of Lockdown measures enforced w.e.f. 25.03.2020, and due to closure of
their place of work/source of employment started moving in several parts of the Country to reach
their hometown. The Government of India, Ministry of Home Affairs noticed this fact on
29.03.2020 in following words: Whereas, movement of large number of migrants have taken
place in some parts of the country so as to reach their hometown, this is the violation of
Lockdown measures of maintaining Social Distance. To this the Apex Court observed that under
the guidelines, movement by migrants also constituted an offence Under Section 51 of Disaster
Management Act, 2005. Police Authorities started stopping such movements and also registered
certain First Information Reports against the migrant labourers. The movement of migrant
labourers, tourists and students was permitted by the Government only w.e.f. 29.04.2020. There
may be First Information Reports or complaints against migrant labourers alleging violation of
Lockdown measures in moving on roads. The migrant labourers who were earning their bread by
working in different establishments due to cessation of work were forced to move to their
hometown. The action of movement of these migrant labourers after enforcement of the
Lockdown measures was by force of circumstances. The Court was of the view that the State
may consider withdrawing Prosecution/Complaints lodged against such migrant labourers for the

248
In Re: Problems and Miseries of Migrant Labourers 2020(7)SCC 181

97
offences as referred to in Section 51 of the Disaster Management Act, 2005 and other related
offences lodged against the migrant labourers during the period of Lockdown under Disaster
Management Act, 2005.

v. In Re: The Proper Treatment of Covid 19 Patients and Dignified Handling of Dead
Bodies in the Hospitals and Ors.249

The Supreme Court issued notice in this Suo Motu writ case with the goal of identifying
inadequacies, flaws, and failures in Covid-19 patient treatment in various hospitals across the
National Capital Territory of Delhi and other states. The goal was for everyone involved to take
action to alleviate the suffering of patients and others who require medical attention. The
Supreme Court stated that the Union of India, Ministry of Home Affairs, may issue appropriate
directions to all States/Union Territories in exercise of power under the Disaster Management
Act, 2005, to follow the revised discharge policy dated 08.05.2020 with regard to discharge of
different categories of patients as classified in the revised discharge policy.

vi. Gajendra Sharma V. Union Of India250

It is a case relating to customers requesting to waive off interest on loan during the moratorium
period, the 3-judge bench of Ashok Bhushan, R. Subhash Reddy and MR Shah, JJ has directed
that all steps to implement the decision dated 23.10.2020 of the Government of India, Ministry of
Finance be taken so that the benefit to the eight categories contemplated in the affidavit can be
extended.

vii. In Re: Contagion of Covid 19 Virus In Children Protection Homes251

The 3-judge bench of L. Nageswara Rao, Hemant Gupta and Ajay Rastogi, JJ has issued
directions to ensure education of children in Child Care Institutions which has suffered due to the
COVID-19 pandemic. The Court issued the following directions:

249
In Re: The Proper Treatment of Covid 19 Patients and Dignified Handling of Dead Bodies in the Hospitals and
Ors 2020(7)SCC 145
250
Gajendra Sharma V. Union Of India, 2020 SCC Online SC 963
251
In Re: Contagion of Covid 19 Virus In Children Protection Homes 2020 SCC OnLine SC 1026

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  State governments to provide the necessary infrastructure, stationary, books, printers
along with the other equipment that is necessary for children to quantitatively attend
online classes on the basis of the recommendation made by the District Child Protection
Units, within 30 days from the date of the order.
 State Government shall also ensure that the required number of tutors are made available
for teaching the children in various Child Care Institutions. Extra classes, if necessary,
should also be taken for the children to help them in preparing for the final examinations
to be held next year.
 District Child Protection Units shall inform the District Legal Service Authorities about
the progress made in the infrastructure being provided to the Child Care Institutions and
the functioning of online classes periodically i.e. once in a month.
 District Child Protection Units to make an assessment of the children who are restored to
their families or guardians or foster homes during the lockdown by taking the assistance
of other statutory bodies like the Child Welfare Committees and Juvenile Justice Board.

viii. In Re: Contagion of COVID-19 Virus in Prisons, Suo Moto Writ Petition 252 (C)
No.1/2020 (Dated 23/03/2020).

A Bench comprising the Chief Justice SA Bobde, Justices L. Nageswara Rao and Justice Surya
Kant directed that prisons must ensure maximum possible distancing among the prisoners
including undertrials. The bench also took into consideration the possibility of outside
transmission and directed that the physical presence of all the undertrial prisoners before the
Courts must be stopped forthwith and recourse to video conferencing must be taken for all
purposes. The bench also directed that the transfer of prisoners from one prison to another for
routine reasons must not be resorted except for decongestion to ensure social distancing and
medical assistance to an ill prisoner and there should not be any delay in shifting sick person to a
Nodal Medical Institution in case of any possibility of infection is seen. The bench further
directed that each State/Union Territory shall constitute a High-Powered Committee to determine
which class of prisoners can be released on parole or an interim bail for such period as may be
thought appropriate.

252
In Re: Contagion of COVID-19 Virus in Prisons, Suo Moto Writ Petition, No.1/2020

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ix. Sunil Samdaria and Ors. vs. The State Government of Rajasthan and Ors.253

State Government of Rajasthan in the wake of COVID-19 pandemic, vide its order dated
09.04.2020, deferred the collection of school fees for 3 months by the private schools recognized
by Primary and Secondary Education Departments. To this the Court observed as follows: “It is
true that in normal situation the private schools are entitled for collection of school fees as per
the provisions of the act of 2016 but as discussed above provisions of the Disaster Management
Act, 2005 have overriding effect on all other statues and the impugned orders have been found to
be issued under the act of 2005 for mitigating the plight of the citizens in unprecedented crises of
the COVID-19 Pandemic. Therefore, the impugned orders can't be termed as invalid or in-
executable”

x. Society of Catholic Education Institutions in Rajasthan and Ors. vs. The State
Government of Rajasthan and Ors.254

While dealing with the issue of charging of school fee by the schools the court observed that a
balance is required to be struck between financial difficulty of the school management relating to
release of the salary of the staff and minimum upkeep of school on one side and the financial
pressure, which has come on the parents due to the pandemic and lock-down . The Court was
also of the view that under the Act of 2005, the authorities would have jurisdiction to lay down
policy, guideline and direction, which may be found to be suitable for the purpose of providing
the relief to the persons affected by the disaster as mentioned in Section 22 of the Act of 2005.
The guidelines can be laid down for mitigation of such loss to the citizens. The powers and
functions of the State Executive Committee under Section 22(j) provide that the State Executive
Committee shall ensure that non-governmental organizations carry out their activities in an
equitable and non-discriminatory manner. The petitioners are all nongovernmental organizations
and are expected therefore to play their necessary role in mitigating the sufferance caused to the
public at large, while at the same time also protect their own staff from facing financial
difficulties. In view of the above, the Court by an interim measure and till the situation gets
normalized, directed the school authorities to allow the students to continue their studies online

253
Sunil Samdaria and Ors. vs. The State Government of Rajasthan and Ors. MANU/RH/0607/2020
254
Society of Catholic Education Institutions in Rajasthan and Ors. vs. The State Government of Rajasthan and Ors
MANU/RH/0448/2020

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and allow them to deposit 70% of the tuition fees element from the total fees being charged for
the year.

xi. Suo Motu V. State of Rajasthan255

The suo moto PIL was registered on the basis of news reported in various news channels of
Rajasthan stating that a huge number of prisoners (approx. 55), both convicts and undertrials at
Jaipur district jails were detected corona positive.

Order: Taking into account the circumstances posed by the outbreak of Covid-19 pandemic, the
Court directed the state government to maintain high standards of care for the jail inmates. It also
issued certain directions in this regard such as incorporation of the COVID-19 SOP for jails so
that the accused will be tested by local medical authorities for coronavirus and if found negative
then only the accused person will be remanded to jail/custody. The jail authorities who are in
direct contact with the prisoners also require special attention to ensure that such virus is not
transmitted to them or to their families and authorities will ensure test of jail staff on a regular
random basis. The isolation wards in the jails shall be inspected by the medical officers of each
district and take steps which will be necessary for maintaining cleanliness and sanitization. The
aforesaid directions were made to the Stateof Rajasthan in order to incorporate the same in their
SOP for jails for the purpose of the present COVID-19 pandemic.

xii. Sagynbek Toktobolotov & Ors. v. State of U.P.256 (Tablighi Jammat case)

In this case the accused along with others are foreign nationalist and attended the religious
congregation at Nizamuddin in New Delhi and thereafter had come to Lucknow and without
getting their medical examination done, they were residing in the Markaz Mosque. National
lockdown was imposed in India before they could return to the Kyrgyzstan. All the accused were
arrested and charged under Sections 188 I.P.C., Section 3 of Epidemic Disease Act, 1897,
Section 12(3) of the Passport Act, 1967 and Sections 3(2) and Section 3 (3) Passports (Entry into
India) Act, 1920 andSection 14/14-C of the Foreigners Act, 1946 and Section 51 of the Disaster
Management Act, 2005. An application for bail was filed on the ground of Article 21.

255
Suo Motu V. State of Rajasthan, civil writ petition no. 4990/2020
256
Sagynbek Toktobolotov & Ors. v. State of U.P. Bail No. 2898 of 2020

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The Court granted the bail on furnishing a bond of Rs. 50,000 each and one reliable solveny
surety. The following conditions were also imposed:
 The applicant will not leave the country without prior permission of the court
 Each applicant must deposit Rs. 11,000/ in C.M. COVID-19 relief fund and receipt of
same shall be submitted before court.
 Each applicant must be present on the date of trial, if not a proceeding under section
229A of IPC must be taken.

CHAPTER-8

CONCLUSION AND SUGGESTION

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India have a unique geoclimatic characteristics, it has always been prone to natural disasters.
Floods, droughts, cyclones, earthquakes, and landslides are all common occurrences. Cyclones
threaten its coastal states, particularly Andhra Pradesh, Orissa, and Gujarat. Drought threatens 68
percent of the territory, while landslides endanger 55 percent of the area, which is located in
seismic zones III and IV and lies within the earthquake-prone belt and sub-Himalayan region.
Flood and river erosion threaten over 40 million hectares (12 percent of land).

Disaster are extreme environmental occurrences have a negative impact on all parts of the globe
because disaster vulnerability cannot be prevented, the consequences of disaster are trans-
boundary more effort must be paid to decreasing risks. When a natural disaster struck in the past,
the government responded by conducting an effect assessment study, responding to recovery
operations, and reconstructing the region or locality to its pre-disaster state. Disasters were
considered as separate phenomena, and governments and rescue agencies responded without
considering the social and economic origins and consequences of these disasters.

Disaster reduction is most effective at the community level where specific needs are met.
Creating the awareness about the local vulnerabilities and ensuring participation of local
communities in disaster reduction as well as preparedness are proving to be more effective.
Physical, social and economic risks can be adequately assessed and managed at the community
level and this understanding has resulted in a more focus on community based approaches.

In the event of a disaster, the primary responsibility for rescue, relief, and restoration falls to the
concerned state government. In the event of major natural calamities, the Central Government
enhances the efforts of state governments by giving logistical and financial help. It includes the
deployment of aircraft and boats, as well as specialist teams from the Armed Forces, Central
Paramilitary Forces, and personnel from the National Disaster Response Force (NDRF), as well
as arrangements for relief supplies, medical supplies, the restoration of critical infrastructure,
including the communication network, and any other assistance that the affected States may
require. Through SDR, the federal government also provides financial help for both emergency
rescue and relief as well as long-term team recovery.

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In the event of a disaster, the central government will be required to give financial and other
help, and it will commit to pre-determined reimbursement sums for loss of life, entire or partial
loss of dwellings, and productive assets. This strategy understands that disaster relief is most
effective when specific needs are fulfilled at the community level. Creating knowledge of local
vulnerabilities and promoting local community participation in disaster reduction and
preparedness has proven to be more successful. Physical, social, and economic risk may all be
effectively analysed and controlled at the community level, and this knowledge has led to a
greater emphasis on community-based initiatives.

Pointless legal barriers need to be broken down, perhaps through a global regulatory system, to
ensure that relief services are effectively delivered to reflection on past mistakes and efforts by
the international community to compile a more coherent body of IDRL, there is potential for
substantial progress. The need of the hour is to promote a people centre human rights based
disaster risk reduction strategies. The vulnerability analysis in disaster management shall
consider human rights issues among their social, economic and cultural criteria, disaster
management fundamentally deals with response to human misery and losses of people’s
livelihoods and assets while disaster risk management is concerned with mitigating or preventing
such losses, both processes tend to be rather anthropocentric. The response towards the
objectives of human rights based perspective during times of disaster. No person shall be
deprived of his life or personal liberty except according to procedure established by law.

United Nation came into existence and it made compulsion on its signatory members to enact a
statute for the protection of the Human Rights of the person affected during the disaster. The
statutes were made to deal with natural as well as Man-made disasters. Several laws and Plans
have been enacted by the Central Government for the smooth functioning of the society. The
Epidemic Disease Act is the first law to deal with the pandemic disaster later on the Disaster
Management Act, 2005 and The Disaster Management Rule, 2006 was enacted. The Act,
consists of 11 chapters and 79 sections.

In the outbreak of COVID 19 the Central Government, the State Governments and Judiciary
have invoke the penal provision of the Disaster Management Act, 2005 and made amendment in
the Epidemic Act 1897 and made certain offences punishable in order to control the spread
pandemic and to protect the doctors and health workers. The Courts have made several ruling

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and guidelines for the effective control on spread of the corona virus. The Central Government
on 24 March imposed a National wide lockdown for 21 days prior to this lockdown the
government had impose a Janta Curfew on 22nd March 2020. The first phase of lockdown was
imposed from 24 March to 14th April. As the lockdown decreased the rate of spread of pandemic
the government again imposed lockdown from 15 April to 3 rd May, this continued till 31st May,
2020 and after that the Government started unlocking the lockdown.

Suggestion:

 It is necessary to raise awareness not just among individuals living in disaster-prone

areas, but also among policymakers, decision-makers, administrations, professionals,
financial institutions, non-governmental organisations, and voluntary organisations.
Consultation and clarity of vision and direction will help to engage leaders and
stakeholders.
 Appropriate legislative and regulatory changes, as well as strengthened enforcement
measures at various levels.
 Conducting disaster risk assessments and developing adequate plans for implementation.
 By law and through incentives and disincentives, making the application of disaster
resistant codes and recommendations relating to disaster resistant construction in
dwellings and buildings in all sectors of society mandatory.
 The establishment of a National Scientific and Technical Committee at the national level
to help improved disaster management are proposed.
 The Government must make laws and fix the responsibilities of the members to tackle
any kind of disaster so that loss of lives, property, environment etc. can be avoided.

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