disaster
source: https://www.reddyandreddy.org/

Introduction

The Disaster Management Act, 2005 was passed by the Rajya Sabha on 28 December. After the Indian Ocean tsunami of 2004, the Government of India took a defining step in the Legislative history of the country by enacting the Disaster Management Act, 2005. The Disaster Management Act has 11chapters and 79 sections. This Act extends to the whole of India. The Disaster Management Act helps to protect the whole country. This Act provides for the effective management of disasters and for matters connected with it. As we know recently we are facing infectious disease coronavirus which is very breakneck.

The Scope of the Disaster Management Act in Covid-19

The Disaster Management Act is playing an important role in controlling coronavirus disease.  In Section 6(2) (i) the National Authority may-takes such measures for the preventions of disaster, or mitigation, or preparedness, and capacity building for dealing with the threatening disaster situation or disaster as it may consider necessary. The stated object and purpose of this act is to manage disasters, like as we see that people are facing such problems as preparation of mitigations strategies, capacity-building, and infectious disease.

  • National Disaster Management Authority

The Prime Minister is the chairperson of the National Disaster Management Authority. Therefore the national lockdown was imposed under the Disaster Management Act to taking measures for preventing coronavirus disease. Disaster Management plans under National Executive Committee in the Section (10)(2) (l) it describes a power that the National Executive Committee may lay down guidelines for, or give directions to, the concerned Ministers or Departments of the Government and the State Authorities regarding measures to be taken by them in response to any threatening disaster situation or disaster.

  • State and District Disaster Management Authority

The State Disaster Management Authority constituted under Section 14 of the Disaster Management Act. The Chief Minister is the chairperson of the State Disaster Management Act. The District Disaster Management Authority constituted under Section 25 of the Disaster Management Act and the District Magistrate is the chairperson of the District Disaster Management Authority.

Rules and Regulations In Controlling Coronavirus

There are many aspects in which the Disaster Management Act played an important role in controlling the infectious disease coronavirus. In Section 35 it has power to the Central Government to take such measures that if find important for controlling the disaster. Everyone is working on the different aspects in order to stop the spread of the virus in the country.

Due to the Coronavirus Disease, the Country faced lots of problem like our laborers are not having money and food. Section 46 gives the power for giving funds to the National Disaster Response Fund. Therefore, the fund is given by the National Executive Committee to fulfill their needs like food, shelter, etc to fight with this type of disaster. In the Section48 state and district level responsible for providing funds. The government is helping in providing funds for getting relief from this disaster. Moreover, the Central has released 11092 crores to 28 states as the first installment share from the state disaster fund.

How to Manage and Deal with the Disaster

As we know the Government issued guidelines for preventing the spread of viruses, we should follow it. The center can appoint a health officer under Rule2 (8) for the airports. Moreover, Rule 30(2) says that the aircraft shall be considered to be infectious or has been exposed to that disease for a particular period of time. The health officer appointed by the Government, in that case, can inspect citizens arriving from abroad at the airports as per rule 31. They can also be subjected to a medical examination as per rule 31. The government also helped economically to fight with this disaster.

Powerful Measures

Indian penal code played an important role in managing the violators. It creates a fear to the citizen for not creating a problem in handling the situation. There are sections that deal with controlling an epidemic.

  • Section 51: Interrupt it deals with the unreasonable obstruction of officers in their functions.
  • Section 52: False claims it deals with the false alarm and warning as to disaster or its severity or magnitude, leading to panic.
  • Section 53: Misappropriation of money/material
  • Section 54: False warning
  • Section 56: Failure of officer to perform the duty
  • Section 57: Penalty for violation of any order with respect to requisition

Conclusion

The world is facing a disaster which is very dangerous for our health it creates lots of problems and imbalance in society. The current condition of COVID-19 is problematic and anxiety-ridden. However, we need to follow the guidelines properly. This is our duty to follow the rule and regulations given by the government to fight against coronavirus.


Author:

astha chaurasia Astha Chaurasia | Lloyd Law College, Greater Noida


References

http://www.theweek.in

http://www.thehindu.com

http://www.latestlaws.com

http://www.civildaily.com

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