Minister of State for Home Affairs, Nityanand Rai, on Thursday, introduced a Bill to amend the Disaster Management Act, 2005, in Parliament which seeks to bring better synergy between the Centre and States to tackle natural calamities. But, the Opposition raised doubts over its constitutional validity given that disaster management did not figure in the Constitutional subjects for Centre and State lists.
The Disaster Management (Amendment) Bill, 2024 was tabled in the Lok Sabha at a time when the country is deluged with natural disasters, the most horrifying being over 300 people washed away by sudden burst of floods in Kerala’s Wayanad.
Rai allayed fears flagged by Congress MP Manish Tewari and asserted that there is no interference in the rights of States, and disaster management is the first responsibility of the States.
Voicing concern at the introduction stage, lawyer-cum-politician Manish Tewari said none of the entries in List 1 or List 2 of Seventh Schedule of the Constitution — that deals with Central and State subjects — mention about
Tewari suggested the government to amend the Concurrent list to cover the issue of disaster management.
Meanwhile, the TMC MP Saugata Roy said the multiplicity of authorities will create confusion.
According to the statement and objects and reasons of the Bill, the main purpose of the 2005 Act was to put in place necessary institutional mechanisms for drawing up and monitoring the implementation of disaster management plans. For achieving its purpose, certain authorities and committees were set up at the national level, state level and district level.
The Bill seeks to provide immunity to officials involved in the disaster management from any legal proceedings while discharging functions. At the same time, the Bill allows only the Supreme Court and High Courts within the jurisdiction to entertain any suits in respect of anything done in relation to its functions by this Act.
The existing Act has been reviewed in consultation with all stakeholders, including state governments, to mainstream disaster management in the development plans on the basis of learning from past calamities.
The government was of the view that it has now become necessary to amend certain provisions of the 2005 Act to bring more clarity and convergence in the roles of authorities and committees working in the field of disaster management.
The Bill also provides statutory status to certain pre-Act organisations such as the National Crisis Management Committee and the High Level Committee on disaster management.
It also aims to strengthen the working of the National Disaster Management Authority and the State Disaster Management Authorities. Penal provisions on obstructing disaster management personnel from discharging functions have also been added to the Bill.