Disaster Management: Its Impact in Law and Development

1. Environmental Knowledge for Disaster Risk ManagementInternational Conference10-11 May, Vigyan Bhawan, New Delhi

2. Disaster Management: Its Impact in Law and Development Presentation by: Hitesh Agrawal & Naiana Jain Nirma University, Ahmedabad

3. What is Disaster? • It is a cataclysm which affects the vast area and leads human sufferings, loss of life and property. Disasters result from the combination of hazards, conditions of vulnerability and insufficient capacity or measures to reduce the potential negative consequences of risk.

4. Common Axiom “Disasters occur when hazards meet vulnerability”. In addition to a hazard, vulnerability should be there to constitute a disaster.

5. Kinds of Disasters • Natural Disasters • Man-made Disasters

6. Disaster Management • United Nations Development Programme on Disaster Management defines it as a body of policy, administrative decisions and operational activities required to prepare for, mitigate, respond to and prepare the effects of natural and man-made disasters.

7. Impact of Disasters on Development • Recently Japan has faced the wicked disasters in the form of earthquake and tsunami. • These disaster also creates other problems.

8. From India… • The earthquake occurred in Kutch and Bhuj District of Gujarat in 2001 and Tsunami of 2004 are also the examples of the disasters which affected the development and Human beings at high level.

9. Impact of Disasters on Environment • Depletion of Ozone layer in the atmosphere due to the reckless activities of the industrialist which causes disasters and Issues of global Warming are effecting the environment.

10. Stockholm Declaration, 1972 • The Rio Conference,1992 • These two declarations also say about the involvement of India to fight against the environmental degradation. • Japan’s disaster has also affected environment to an extent.

11. International Regime

12. Legal Framework of Disaster Management • The Convention on International Civil Aviation (Chicago convention) • The Convention on Facilitation of International Maritime Traffic, 1965 • The Convention on the Simplification and Harmonization of Customs Procedures 1973 (Kyoto convention) • Convention of International Carriage by Rail, 1980. • The Convention on the Temporary Admission.

13. International Decade for Natural Disaster Reduction (IDNDR) • Declared by the UN • from 1990 to 1999 • The most important standards; • Yokohama Strategy, • Geneva Mandate • The Tampere Telecommunications Convention

14. Yokohama Strategy - The strategy emphasized on the need for shifting the stress on relief and rehabilitation to prevention and mitigation. The Geneva Mandate on Disaster Reduction - This mandate calls for adopting and implementing policy measures at all levels from international, regional, sub- regional, national to local levels for establishing hazard- resilient community. Tampere Telecommunication Convention - This strategy requires the signatory states to provide unrestricted use of telecommunications in the event of disasters.

15. International Strategy for Disaster Reduction - The ISDR aims at building disaster resilient communities by promoting awareness about the importance of disaster reduction as an integral part of sustainable development which is in India’s context, very well enshrined under Article 21. Hyogo Framework for Action 2005-2015 - It is aiming at an integrated, multi- hazard approach to disaster risk reduction. These resolutions were passed on the basis of a few considerations like importance of international co-operation and partnership; primary responsibility of each state for sustainable development; the measures taken for protection of people in its territory.

16. Indian Regime

17. Section 2(e) of Disaster Management Act, 2005 defines disaster management.

18. Initially there was no legislation but Tsunami made the legislators aware on the need of having a suitable legislation on disaster management and after that Disaster Management Act, 2005 came into existence.

19. Other Acts related to Disasters • The Public Liability Insurance Act, 1991 • Recommendation of the High Power Committee • then finally Disaster Management Act, 2005 came into existence

20. National Disaster Management Authority National Institute of Advisory National Executive National Disaster Disaster management Committee Committee Response Force Sub Committee State Disaster Management Authority Advisory Committee State Executive Committee District Disaster Management Authority Advisory Committee

21. Judicial Interpretation

22. In Tehri Bandh Virodhi Sangharsh Samiti V. State of UP,1992 Supp. (1) SCC44 involving construction of a dam across a river in the high mountain ranges in the Himalayas, the Supreme Court of India has held that Disaster Management is part of the Right to Sustainable Development. In N.D. Jayal and Union of India (2004) 9 SCC 362, it was decreed “Disaster Management cannot be separated from sustainable development”. M.C. Mehta v. Union of India AIR 1987 SC 1086- It was a case of Oleum gas leak in Delhi and commonly known as Shriram Food and Fertilizers Case. This case laid down the principle of Absolute Liability in India.

23. Critical Analysis Disaster Management Strategy aims at the promotion of sustainable livelihoods and their protection and recovery during disasters and emergencies. Where we will be able to achieve it, people will have a more capacity to deal with disasters and their retrieval is more rapid and long lasting. In a development oriented disaster management approach, the objectives are to reduce hazards, prevent disasters, and prepare for emergencies.

24. In present time, modern disaster managers stress more on pre- disaster approach including mitigation and prevention of it than on post- disaster response. There is one common axiom: “Prevention is better than Cure”, so it is better to prevent these sorts of disasters. It is indeed that one cannot restrict the Natural disasters but certainly by proper mitigation methods, by spreading awareness among the people that what they should do in these type of situations, one can have control over the effects of it. • Disaster Management Act came in 2005 and how far this Act is effective is yet to be witnessed.

25. Thank you