disaster management of india – a legal prospective

Disaster Management in India

A glimpse to legal regulations side

Course: Risk and Emergency Regulations Abhinav Walia – IndiaYirgalem Mohammed - EthiopiaMasters in Risk and Emergency Management

Outline

• Vulnerability Profile of India

• Global Initiatives

• Initiative in India

• Glimpse to DM Act 2005, India

• Phases wise Regulations

“ Disaster is an event of natural or manmade causes that

leads to sudden disruption of normalcy within society,

causing damage to life and property to such an extent

that is beyond the capacity of normal social and

economic mechanism to cope up with.”

What is disaster?

Types of disaster

Disasters due to Natural Hazard Man-made DisastersDisasters due to Natural Hazard Man-made Disasters

Disaster management cycle

A. Pre disaster

- Disaster prevention

- Disaster mitigation

- Disaster preparedness

B. During & Post disaster

- Search and rescue

- Relief and rehabilitation

- Reconstruction

Mitigation

Reconstruction

Prevention

Relief Response

Preparedness

Disaster

India is at Risk?

Disaster Profile of India

Annual global economic loss due to disasters

75.5 138.4213.9

659.9

0

100

200

300

400

500

600

700

1960s 1970s 1980s 1990s

US $ billions

Disaster vulnerability of Indian sub-continent

Pest & Diseases

Thunderstorms

0 2 4 6 8 10

Flood

Earthquake

Drought

Cyclone

Forest fires

Epidemics

Hailstorms

Hurricane

Landslides

Severity Index Based on last 50 years data.

• 68% of net area sown drought prone

• 65% total land mass in Seismic Zones III - V

• 10000 Km long coastline prone to cyclone

• 10% of the total land mass flood prone

• Entire Himalayan & sub-Himalayan region and Western Ghats prone to landslides

Earthquake, GujaratJan 2001, 13805 lives lost

Tsunami Dec 26 2004, more than 10000 lives lost

Major Disasters 1990 - 2005

Global initiative

• International Decade for Natural Disaster Reduction (IDNDR) • Yokohama Strategy, 1994• ISDR

• Hyogo Framework for Action 2005-15

Ensure that disaster risk reduction is a national and a local priority

Identify, assess and monitor disaster risks and enhance early warning

Use knowledge, innovation and education to build a culture of safety and resilience

Reduce the underlying risk factors. Strengthen disaster preparedness for effective response

at all levels.

Indian Initiatives - The Disaster Management Act, 2005

• The President of India gave his assent to the Disaster Management Bill 2005 on January 9, 2006.

• The Act comprising 79 sections and 11 chapters is capable of effectively managing the disaster and matters related to it.

Key Components of DM Act

• National Disaster Management Authority• National Executive Committee• National Plan• State Disaster Management Authority• State Executive Committee• District Disaster Management Authority• Central Government and International Agencies• National Institute of Disaster Management• National Disaster Response Force• National Disaster Response Fund• Civil and Criminal Liabilities• Role of Media and the Act

Legal-institutional framework

Central Government

National Disaster Management Authority

Chairman: PM

State Disaster Management Authority

Chairman: CM

State Governmen

t

District Administration

Panchayatss

Municipalities

MHA

District Disaster Management Authority

Chairman: DM

DMD

National Executive Authority

State Executive Authority

NIDM NDRF

Disaster Management Act, 2005

A glimpse to DM Phases on Legal prospects

Prevention

• According to UNISDR, prevention expresses the concept and intention to completely avoid potential adverse impacts through actions taken in advance.

• The Department of Disaster Management is a member of all the regulatory bodies in the State in order to ensure that measures required for safe planning are enforced.

• The existing Town and Country Planning Act, Industrial Master Plan and Land use Zoning Norms shall be evaluated to make necessary amendments to ensure that implementation of these Acts and Rules do not increase our vulnerability.

• GIS Based Risk assessment• Techno legal regime• Revision of Municipal Regulations• Land Use Planning• Safe Construction Practices• Compliance Regime

Mitigation

• Mitigation measures can be divided in two categories:

i) Structural measures: on site works, construction, and engineering works, and

- NBC Building Codes, 2005 Implementation- Hazard specific guidelines for construction in various disaster zones

ii) Non structural measures: which include studies, research, regulations, policy changes and capacity building activities that support the structural measures.

• Climate Change Mitigation• Risk Transfer (or Risk Distribution)

Mainstreaming DRR concerns in development planning

- The DM Act 2005 mandates State governments to ensure the integration of measures for prevention of disaster or mitigation by the departments of the Government of the State in their development plans and projects and reduce or mitigate the vulnerability of different parts of the State to different disasters (section 38 e,f,g)

- and review its policies, rules and regulations, with a view to incorporate therein the provisions necessary for prevention of disasters, mitigation, or preparedness (section 39 b,c)

- The plans should be sensitive to the special needs of vulnerable sections such as pregnant, lactating mothers, children, elderly, physically and mentally challenged persons. The concerns of women may be specifically addressed.

Preparedness

• All departments, agencies and other stakeholders will accord the highest priority to building up their own DM capabilities. New institutional mechanisms will be built specifically in those sectors of DM where none of the existing agencies are working towards the building of required capacities.

- Early Warning Systems- Establishment of Disaster Response Force- Search and Rescue Teams- Medical First Responders (MFRs) - Establishment of Incident Response System (IRS)- Emergency Operation Centre (EOC)- Knowledge Management- Database of the all concern Departments & personals i.e. IDRN- CBDM , Hospital and School DM Plans- Training of Volunteers like NCC, NSS, Civil Defence for DM- Disaster Management curricula added to the schools.- Awareness generation through Fire /DM Drills etc. in schools/

communities and offices.

Capacity Development

• The State will give utmost priority to training of DM officials, functionaries, trainers and elected representatives and communities. DM training and orientation of professionals like doctors, engineers, and architects will also be given due importance. The expansion of DM training in educational institutions at all levels including schools, with orientation towards practical requirements will be given due weightage.

• Training• Mock drills and simulation exercises• Disaster Management in curriculum• Public awareness • Community based Disaster Management Programmes. • Access to disaster related tools and equipment • Documentation of best practices

Relief and Response and Rehabilitation

- All disasters, emergencies and crisis events are chaotic and highly dynamic, creating physical, emotional, and social disorders.

“Response measures are those which are taken immediately during and following the disaster. Such measures are directed towards saving lives, alleviating sufferings, protecting property and dealing with the immediate damage caused by the disaster.”

During Disaster- Communities as First Responders - Government First Responders - Activation of the Incident Response System (IRS)

- Warning - Evacuation - Mass Casualty Management - Rapid Damage Assessment

Suggestions & DM Act Bullet Points• Earthquake safe construction practicies especially in the High Risk Zones

• Development of SDRF for quick and mannered response is required

• Coordination among the Aid-agencies

• Paraidm shift should change from relief centeric to mitigation and preparedness centeric

• Robust Disaster Management Plan should be prepared for each state

• Response should be fast

• Integrate DM into developmental planning

• CBDM should implement and practice

• Mapping of the resources i.e. IDRN

• Robust communication network i.e. Satellite phone , HAM etc.

• Control on consumer goods prize hikes

• Every school and Hospital should have Disaster Management Plan

To see the planet Disaster To see the planet Disaster Resistant..Resistant..

Thank you all.Thank you all.