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States Plead For A “National Calamity” Tag!A History Of Gaps In Our Disaster Laws.

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Progress
September 3, 2024
Telangana and Andhra Pradesh are currently facing what officials are calling the "biggest disaster" in the state's history, with devastating floods resulting in at least 35 deaths in total and thousands missing. Chief Minister N Chandrababu Naidu has urged the central government to formally declare this catastrophe a “national disaster”, which would allow for better access to resources and aid for those affected.

Is this declaration important? 

Yes. Declaring a disaster as a national calamity is crucial because it opens the door to additional support from the government. 

This includes funds from the National Disaster Response Fund (NDRF) and the Calamity Relief Fund (CRF). These funds are essential for immediate relief efforts, including food, water, and medical supplies for those impacted by the floods. If the CRF resources are insufficient, the National Calamity Contingency Fund (NCCF) can also provide further assistance, along with concessional loans for affected people. 

Does our legal framework allow this?

Despite the pressing need for support, there is currently no clear legal framework in India for declaring a natural disaster as a national calamity. 

The Disaster Management Act of 2005 defines disasters but does not specify a mechanism for such declarations. The 10th Finance Commission suggested that a disaster could be termed a "national calamity of rarest severity" if it affected one-third of a state's population, but no formal criteria have been established to determine what qualifies as "rare severity."

The National Committee on Disaster Management, established in 2001, was tasked with defining parameters for national calamities but did not provide any fixed criteria. 

As a result, the government has handled disasters on a case-by-case basis, considering factors like intensity and the state’s capacity to manage the situation.

Past disasters that left “severe” impacts

Several major disasters in India have not been declared national calamities, despite their severe impacts. 

- Cyclone Amphan (2020): Struck West Bengal & Orissa, resulting in 118 deaths and leaving 500,000 homeless, with economic losses estimated at ₹1.2 lakh crores.

- Kerala Floods (2018): Caused 489 fatalities and affected over 223,000 people, with economic losses of around ₹30,000 crores.

- Chennai Floods (2015): Led to more than 200 deaths and economic losses of ₹20,000 crores.

- Uttarakhand Floods (2013): Resulted in 6054 deaths and significant damage, with losses estimated at ₹10,000 crores.

- Gujarat Earthquake (2001): One of the deadliest disasters, taking more than 25,000 lives and causing ₹52,000 crores in economic losses.

Despite the severity of these events, none were officially declared national disasters.

Political impact

Declaring a disaster as a national calamity often carries more political and symbolic weight than it does in terms of actual financial assistance. While it may not automatically trigger additional funds beyond what is available under existing frameworks, it can influence public perception and governmental accountability.

There’s a serious need for reform

The ongoing floods in Telangana & Andhra Pradesh and even the deadly one in Kerela, among others, have seriously highlighted the urgent need for a clear and structured system for disaster declarations in India. 

When the definition in the book says it needs to be a "national calamity of rarest severity," what really is meant to be “severe”? Past floods over the decades have in fact hit more than one-third of a state, and killed thousands.

So, as climate change increases the frequency and severity of natural disasters, having defined criteria for an official national calamity declaration could improve response and recovery efforts. 

The current system, which relies on case-by-case evaluations, may not be sufficient to address the growing challenges posed by these incidents. 

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