Disaster Management Act - Latest Issue

In a bid to protect lives of citizens reeling under severe drought in several states, the Supreme Court recently directed the centre to set up a National Disaster Mitigation Fund (NDMF) under a non-operational statutory provision.

What’s the issue now?

According to some experts, the court has committed a mistake by asking the centre to do so. For, Section 47 of the Disaster Management Act, which provides for setting up of NDMF for projects exclusively for the purpose of mitigation- measures aimed at reducing the risk of disaster, has not yet been notified.

As a result of this mistake, the SC ended up directing the Centre to implement a provision of law which for all practical purposes is non-existent.

DM Act:

The Disaster Management Act, 2005 came into force in India in January 2006. The Act extends to the whole of India. The Act provides for “the effective management of disasters and for matters connected therewith or incidental thereto.”

• The Act calls for the establishment of National Disaster Management Authority (NDMA), with the Prime Minister of India as chairperson.
• The Act enjoins the Central Government to Constitute a National Executive Committee(NEC) to assist the National Authority.
• All State Governments are mandated to establish a State Disaster Management Authority (SDMA).