There is an old saying that if you cannot mitigate an eventuality, try to manage the consequences. This is often true with nature’s backlash to humans in form of disasters. As an ordinary individual when we hear the term ‘disaster’, a sea of emotions ranging from shock to fear and anxiety to desperation engulfs our minds. The spine-chilling memories of Earthquake in Bhuj, Tsunami of Indian Ocean, Kedarnath flash floods still have numbing effects of sorrow and grief of losing hundred and thousands of innocent lives. We have been hearing the arrival of ‘Biparjoy’ cyclone as the latest addition to all these never-ending natural calamities. In the face of such challenges, India over last two decades has aimed to prepare a robust and efficient disaster management system designed to mitigate risks, respond effectively, and pave the way for swift recovery.
The realm of disaster management in India witnessed a greater political and social involvement after the horrifying Tsunami of 2004. The Parliament passed and enforced Disaster Management Act, 2005. The Indian government recognized the need for a comprehensive legal framework to address disasters effectively. As a result, the Disaster Management Act, 2005 was enacted to provide a dedicated legislation for disaster management in the country. The act established the National Disaster Management Authority (NDMA) at the national level and State Disaster Management Authorities (SDMAs) at the state level, along with District Disaster Management Authorities (DDMAs) at the district level. This act consolidated the roles, responsibilities, and powers of these authorities and provided a structured approach to disaster management. The National Disaster Response Force (NDRF) and State Disaster Response Force (SDRF) has brought a unified, scientific and resourceful group of disciplined force dedicated to fighting the natural menace and its aftermaths.
The post-tsunami period emphasized the importance of disaster preparedness and mitigation. The legal framework shifted its focus from a reactive approach to a proactive one, emphasizing the need for risk assessment, early warning systems, capacity building, and community participation in disaster management. The NDMA and SDMAs formulated policies and guidelines to enhance preparedness and promote risk reduction measures. India also witnessed a growing recognition of the crucial role played by communities in disaster management. The legal framework emphasized the need for community participation, empowering local communities in decision-making, early warning dissemination, and post-disaster recovery. Community-based disaster management committees were established, and efforts were made to involve local stakeholders in planning and implementation processes.
But painting the picture with one coloured brush might often tend to create colour illusion for eyes. Undoubtedly India has taken giant strides in effective disaster risk mitigation and management in past years, but certain glaring significant lapses have also come to the fore on many instances including the situations of flash floods or earthquakes. These challenges can be categorized as:
1. Early Warning Systems: While efforts have been made to improve early warning systems, there are still gaps in their effectiveness, particularly at the grassroots level. Timely dissemination of warnings to vulnerable communities, especially in remote areas, remains a challenge. There is a need for further investment in infrastructure, technology, and training to strengthen early warning systems and ensure that warnings reach the intended recipients promptly.
2. Inter-agency Coordination: Despite the establishment of national, state, and district-level disaster management authorities, there have been instances of inadequate coordination among various agencies involved in disaster response and relief efforts. Coordinating multiple agencies, including government departments, military, paramilitary forces, and non-governmental organizations, is crucial for efficient and effective disaster management. Enhancing interagency coordination mechanisms and streamlining communication channels would help address this lapse.
3. Resource Allocation: Adequate resource allocation for disaster management continues to be a challenge. While the central and state governments allocate funds for disaster management, there have been instances of inadequate resources, particularly at the local level. Insufficient funding affects preparedness measures, capacity building, infrastructure development, and post-disaster relief and rehabilitation efforts. Ensuring sufficient and timely allocation of resources is crucial for strengthening the disaster management framework.
4. Community Participation: Although community participation is recognized as a vital component of disaster management, there are challenges in effectively engaging communities. Limited awareness, lack of training, and weak institutional mechanisms for community involvement hinder the participation of local communities in preparedness and response activities. Efforts should be made to strengthen community-based organizations, enhance community training programs, and foster a culture of community resilience.
5. Implementation of Building Codes: While building codes and regulations exist to ensure the construction of disaster-resilient infrastructure, their enforcement and compliance remain a challenge. In many cases, buildings and infrastructure are not constructed or retrofitted according to the prescribed codes, making them more vulnerable to disasters. Strengthening regulatory mechanisms, conducting regular inspections, and imposing penalties for non-compliance are necessary to address this lapse.
6. Inclusion of Marginalized Communities: Marginalized communities, such as those living in slums, remote areas, or in informal settlements, are often disproportionately affected by disasters. There is a need to focus on their inclusion and address the specific vulnerabilities they face. Ensuring access to information, services, and resources for marginalized communities, as well as integrating their perspectives and needs into the disaster management framework, is crucial for equitable and effective disaster response.
Dr. Deepankar Sharma is working as an Assistant Professor of Law at Manipal University, Jaipur.
Dr. Vini Kewaliya is working as an Assistant Professor of Law and as Assistant Controller of Examinations at Manipal University, Jaipur.