The Disaster Management Act, 2005: A Critical Review

Authors

  • Manindra Singh Hanspal Ph.D. Scholar, Post Graduate Department of Law, Sambalpur University, Jyoti Vihar, Burla, Sambalpur, Odisha, India.
  • Bijayananda Behera Dean & Principal, Lajpat Rai Law College (Constituent College of Sambalpur University), Sambalpur, Odisha, India

DOI:

https://doi.org/10.53361/dmejl.v5i01.06

Keywords:

Disaster, Disaster risk reduction, Disaster management act, 2005, policy, India

Abstract

India has faced numerous devastating natural and man-made catastrophes during the last four to five decades, resulting in significant loss of life, resources, property, and trauma. Until 2005, India had no system or policy for disaster management, leading to a response-based conscious attitude, and there was no structure for prevention or pro-activeness. Policymakers recognised the need for a formalised disaster management strategy after the 2004 tsunami, leading to the adoption of the Disaster Management Act, 2005. This paper aims to examine the key features of the Disaster Management Act 2005 of India and identify its key limitations in order to provide appropriate recommendations.
Methods: This study is based on a comprehensive review of secondary data and a detailed analysis of India’s Disaster Management Act, 2005. The analysis includes a critical examination of the Act’s sections, institutional frameworks, and implementation mechanisms, ensuring a thorough understanding of the Act’s strengths and weaknesses.
Discussion: A meticulous and comprehensive review of the 2005 Disaster Management Act reveals that while it has established a structured framework for disaster management, it has several limitations. The Act does not appear to put enough emphasis on proactive steps to reduce disaster risk, making it seem reactive. Besides, there are no clear accountability procedures in place, which may result in implementation-related inefficiencies and non-compliance. The Act also lacks financial allocations for disaster management authorities at lower administrative levels (district, block, and village), affecting the preparedness and responsiveness of local responders. Political and economic constraints, bureaucratic inefficiencies, and corruption further undermine the Act’s effectiveness. Given these issues, an urgent revision of the Act is imperative to establish a more robust and effective disaster management framework in India

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Published

2024-07-10

How to Cite

Hanspal, M. S. ., & Behera, B. . (2024). The Disaster Management Act, 2005: A Critical Review. DME Journal of Law, 5(01), 42–53. https://doi.org/10.53361/dmejl.v5i01.06

Issue

Section

Research Article