By Stuti Hasmukh Oswal
Introduction
India has seen and fought back many pandemics and disasters. From the flu pandemic in 1918, smallpox epidemic in 1974, plague in 1994, swine flu in 2009 to the current Covid-19 pandemic, the government has taken various measures and initiatives to control them. Recently, the Covid-19 which is also known as corona virus has spread in the entire world.
Many countries and nations have seen a large number of cases of Covid-19 and hence have come together to fight against it. The outbreak started in the year 2019 from China and slowly spread throughout the globe.
The Government of India has formed various policies to prevent the spread of corona virus. Many people have lost their lives to the Covid-19.
Many children have either lost both or one of their parents to the pandemic. Shops, companies and businesses are kept shut and the country is in a lock down to curb the pandemic.
The GDP of the country has fallen. People are facing major financial crisis. Some people have lost their jobs and some had to shut down their businesses due to the lockdown.
In this situation, it is the responsibility of the Government to help the people who are the victim to such a pandemic. Hence this article shines the light on the same.
What is the State Disaster Management Authority?
In order to take care of the people in the country during any disaster a State Disaster Management Authority is required to be formed. Such an Authority will assist the Government to manage the disaster efficiently and make sure that everybody is safe and healthy.
- Establishment of the Authority
As per Section 14 of the Disaster Management Act, 2005 every state shall have a State Disaster Management Authority. The Disaster Management Authority of the State is required to have a Chairperson and such other members but shall not exceed the total of nine members.
The composition of such an authority shall be such that the Chief Minister will hold the position of the Chairperson, the other 8 members of the authority shall be appointed by the Chairperson.
There shall be a State Executive Committee in which the Chief Executive Authority of the State Disaster Management Authority shall be the Chairman of such a committee.
In case of the Union Territories having Legislative Assembly other than Delhi, the Chief Minister shall be the chairperson of such Authority whereas in case of Union Territories the Lieutenant Governor or the Administrator shall be the chairperson.
Incase of the Union Territory being Delhi, the Lieutenant Governor shall be the chairperson and the Chief Minister shall be the Vice Chairperson of the Authority.
- Meeting and Appointment of Officers for the Authority
The State Disaster Management Authority shall call for meeting as and when required. The meeting shall be supervised over by the Chairperson and in his or her absence it shall be supervised by the Vice Chairperson.
The State Disaster Management Authority shall appoint such other officers and employees as required to carry out the functions and responsibilities of the Authority.
- Advisory Committee
Every State Disaster Management Authority shall appoint an Advisory Committee as per their requirements. Such a committee shall consist of experts and professionals who can manage the disasters and have practical experience of managing such disasters. Such committee is required to give recommendations and advices in order to curb the disaster.
- Functions of the State Disaster Management Authority
The functions and power of the State Disaster Management Authority are mentioned in detail under Section 18 of the Disaster Management Act, 2005. They are as follows:
- The Authority is required to formulate policy in order to manage the disaster.
- The Authority is required to formulate guidelines, prevention measures and technical assistance in order to have a control over the disaster and make sure that there is minimum or no damage.
- The Authority is required to make sure their plan and policies are in line with the plans and measures taken by the National Authority.
- The Authority is required to have a State Plan which is being followed and executed.
- The Authority is required to propose that funds be set aside for relief and rehabilitation initiatives.
- The Authority is required to review the plans put in order and make sure that the prevention methods are being carried out efficiently.
- The Authority is required to make sure that all the departments of the State Government are functioning according to the policies and plans laid down and the prevention methods are being executed in a proper and efficient manner in order to curtail the disaster.
- Provision of minimum standard of relief
As per Section 19, guidelines are provided for offering minimum standard of relief. These shall not be less than what the National Authority has provided and mentioned in their guidelines.
The guidelines for minimum standard of relief to be provided by the National Authority are mentioned in Section 12 of the Disaster Management Act, 2005.
A person affected by the disaster that has taken place shall be provided with the minimum standard relief such as:
- Bare necessities shall be provided in the relief camps such as shelter, food, drinking water, medical care and sanitation.
- There shall be special provisions for widows and orphans.
- Offering ex gratia assistance for loss of human life as well as for damages to homes and for restoration of means of livelihood.
- Other reliefs as may be required.
It is the States and the Nations obligation to provide compensations for victims of disasters and Covid-19 under this particular provision. A person shall have the right to invoke this Section to obtain compensation during a disaster.
Functions of State Executive Committee during threatening disaster situations
To protect the people and community from facing severe impacts of the disasters a State Disaster Management Authority is formed who further has formed a State Executive Committee. This committee is formed to execute such preventive measures and take actions in order to bring such threatening disaster under control.
The functions of this committee are as follows:
- To ensure and monitor vehicular traffic so that vehicles do not travel or enter into the affected and dangerous areas.
- To ensure and monitor the dangerous or affected areas and make sure that people do not enter such places.
- To clear the wreckage, search for survivors, and carry out rescue operations.
- To provide basic necessities such as food, shelter, medical assistance, drinking water and such other services as mentioned in the plans and policies laid down by the National Authority and State Authority.
- To provide directions and orders to the District Authorities or various other State Government Departments to carry out preventive measures and steps such as rescue, evacuation or providing immediate reliefs saving lives or properties.
- To ensure that the department of the State Government or any other Authority has all the required resources for the purpose of evacuation, emergency response and reliefs.
- To consult or take advice from an expert over disaster management and take assistance for rescue and relief.
- To build necessary structures or demolish unsafe and hazardous structures.
- To provide information to the public regarding safety measures to be taken in order to stay safe and healthy.
Recent Judgements Providing Compensation during such Disasters
- Covid-19 Cases
The Supreme Court of India passed a judgement on 30th June asking the National Disaster Management Authority to provide compensation to all the families who have lost a member due to Covid-19.
The bench of Justice Ashok Bhushan and Justice M.R. Shah held that:
“We direct the National Disaster Management Authority to recommend guidelines for ex gratia assistance on account of loss of life to the family members of the persons who died due to COVID-19, as mandated under Section 12(iii) of DMA 2005 for the minimum standards of relief to be provided to the persons affected by disaster” it further held that:
“We direct NDMA to form guidelines for ex gratia compensation for family members of persons who succumbed to COVID as per minimum standards of relief. The reasonable amount to be provided is left to wisdom of national authority”
Bhopal Gas Tragedy Case
In this famous case, poisonous methyl isocyanate gas leaked out of the Union Carbide India Limited pesticide plant in Bhopal. More than 3000 people had died.
The Union Carbide India Limited provided compensation of Rs. 715 crores but recently a plea for additional compensation has been filed.[1]
Conclusion
When such natural or manmade disasters occur, it is the Government’s duty to protect and safeguard the people. It is the Governments obligation to provide for basic necessities to the public during such pandemic as many people are facing serious financial crisis.
There are children who have lost parents and need support and old aged people who have lost their young daughters, sons and other relatives. It is important to provide support to such people.
Covid 19 was a Notified Disaster hence, in the public opinion it does become the responsibility to provide ex-gratia assistance to those families who have lost their members to corona virus.
Reference-
- Bhopal Gas Tragedy available at livemint.com (last visited on 3rd July, 2021) ↑