An Assignment on Disaster

Management in India(Law and Disaster Management Course)

Submitted To

Faculty of Law

By

Peeyush Kumar

B.A.LL.B. (H)

10th Semester

Roll No.: 08.B.A.LLB.46

Under the guidance of

Dr. Nuzhat Parveen Khan

(Law and Disaster Management Course)

JMI

JAMIA MILLIA ISLAMIA, NEW DELHI- 11O O252013-2014

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TABLE OF CONTENTS

S.No. Topic Page No.

1. INTRODUCTION 5 to 7

2. MEANING OF DISASTER MANAGEMENT 8 to 11

Disaster Management Cycle :

Disaster Phase

Response Phase

Recovery/ Rehabilitation Phase

Risk Reduction/ Mitigation Phase

Preparedness Phase

3. DISASTER MANAGEMENT IN INDIA 12 to 17

Conventional Response to Disasters

Recent Changes

Role of NGOs

Challenges for the Future

4. DISASTER MANAGEMENT – 18

STATE SUBJECT IN INDIA

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5. LEGISLATIVE FRAMEWORKS FOR 19 to 22

DISASTER MANAGEMENT

Constitution of India

Hazardous Waste (Management and Handling) Rules, 1989

6. DISASTER CASES IN INDIA 23 to 25

BIBLIOGRAPHY

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ACKNOWLEDGEMENT

I would like to thank Dr.Nuzhat Parveen Khan , our Law and Disaster

Management Course professor, for providing the help and guidance required

during the entire stage of making of the project.

She helped me form the research methodology till the end of this project. She

inspired us at every step of the way and I am very grateful for the help and

support she showed us for it would not have been possible to complete this

project without it.

Peeyush Kumar

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INTRODUCTION‘Disaster is a crisis situation that far exceeds the capabilities’.

                                                                                       - Quarentelly, 1985.

The Oxford Dictionary of English Etymology defines disaster as "sudden or great calamity". Similarly, the Collins Dictionary describes disaster as “an occurrence that causes great distress or destruction" .There is considerable disagreement over one single definition of 'disaster'. Whereas some people consider disaster as 'a grave emergency', others describe it as catastrophe, while still others as a major incident with a large number of casualties'. However, a disaster is commonly understood by the general public as a great misfortune or calamity. A simple definition of disaster would be 'a situation where the normal services have been overwhelmed and can no longer cope'. In the context of emergency planning, therefore, a useful working definition of a disaster is any event happening with or without warning causing and threatening death or injury, damage to property or the environment or disruption to the community which, because of the scale of its effects, cannot be dealt with by the emergency services and local authorities as part of their day-to-day activities.

Mother Nature is prone to disasters. Occurrence of disasters, in one form or another, can be treated to the very beginning of the Universe. History unfolds myriad instances of disasters that caused extensive loss of life and property, extreme human suffering, irreparable devastation, permanent changes in the environment and long- term displacement of lacs of individuals. Its effects are not only immediate, affecting the present generation but also ongoing, mutilating the future generations.

Disasters are frequently described in quantitative and statistical terms -the number of dead and injured, the extent of damage to buildings and other physical resources, the number of homeless, the ultimate economic costs. Yet for both victims and helpers it is the suffering the disaster brings -the human terror, anguish and despair that is most vital and people suffer not only physical damage, but also considerable psychological damage in disasters. The Police, who perform the central role in dealing with the problem, are therefore required to perform the role sympathetically, sensitively and with kindness. In addition, there is the potential for more casualties of the disaster to occur amongst members of the Police Service dealing with the event. The welfare, morale and stress issues of the Police force have to be attended to by the senior managers of the Police force in order to achieve best possible results.

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India is one of the most disaster prone countries of the world. It has had some of the world's most severe droughts, famines, cyclones, earthquakes, chemical disasters, midair head-on air collisions, rail accidents, and road accidents. India is also one of the most terrorist prone countries.

India was, until recently, reactive and only responded to disasters and provided relief from calamity. It was a relief driven disaster management system. India also has world's oldest famine relief codes. In recent times, there has been a paradigm shift and India has become or is becoming more proactive with emphasis on disaster prevention, mitigation and preparedness.

India traditionally accepted international help in responding to disasters. However, after the 2004 Indian Ocean tsunami, India refused to accept international response assistance from foreign governments. Not only that, India deployed its defence personnel, medical teams, disaster experts, ships, helicopters, and other type of human, material, and equipment resources to help Sri Lanka, Mauritius, and Indonesia. It may be noted that India itself suffered from the tsunami and was internally responding at the same time. India is also lower income group country, while Indonesia is middle-income group country.

As the tsunami experience illustrates, disasters do not recognize or respect national geographic boundaries. In the increasingly globalized world, more disasters will be spread over many countries and will be regional in nature. India has set up an example of responding internally and simultaneously in neighbouring countries for the other countries to follow.

In the academic year 2003-2004, India took a pioneering step of starting disaster management education as part of social sciences in class VIII. In the subsequent academic year 2004-2005 disaster management, was added to class IX. In the following academic years disaster management was progressively added to classes XI and XII. This was done by the Central Board of Secondary Education. Along with disaster management education in schools, India is also implementing community based disaster management program with the help of United Nations Development Program in all-hazard vulnerable districts. Some of the catastrophic disasters in recent times have led to changes in disaster policy and creation of new organizations. Policy changes include the enactment of Disaster Management Act, 2005 and development of the national disaster management response framework. The National Disaster Management Authority was established to spearhead in creation of culture of disaster resilience. The National Institute of Disaster Management itself and along with Disaster Management Cells in the states is providing training opportunities in disaster management.

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Most major disasters occur largely as unforeseen events. Any reasonable prediction or anticipation of a catastrophic event usually results in action intended to reduce the 'probable' to at least the 'possible' and ideally to the 'most likely'. The obviousness of the point that disasters are unforeseeable is often overlooked during the process of post-incident enquiry when the clarity provided by hindsight reveals , the specific factors which could/should have been spotted and resolved in order to avoid the onset of the disaster. Given the relative infrequency of major disasters it is unrealistic to expect Police forces to have the necessary resources, skills and logistics to manage a major disaster. Although Police provides the initial response to an incident and, together with the other emergency services, conducts rescue and first aid activities, the sheer scale of a major disaster means that most of the core management functions involved in the post rescue phase are beyond the experience of most Police forces. This inexperience places high levels of strains on officers in management roles. An efficient management can do much to assist officers to cope with the onerous experiences associated with major disasters by way of planning in respect of predictable/foreseeable disasters and training, in general, for all types of disasters.

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MEANING OF DISASTER MANAGEMENT

The consequences of disasters remind us about the inevitable need to have an effective and strong strategy for disaster management. The expression 'disaster management' encompasses various connotations with different perspectives.

Definitions of yesteryears concentrated only on post-disaster actions of calamity relief and rehabilitation. But the term covers still broader scope. Modern disaster managers emphasis more on pre-disaster activities including mitigation and prevention than on post-disaster response.1 The contemporary definition on disaster management encompasses the complete sphere of disaster-related activities, covering situations that occur prior to, during, and after the disaster. It includes structural and non-structural measures to prevent or to limit the negative effects of disasters.

According to Section 2 (e) of The Disaster Management Act, 2005 Disaster Management means “a continuous and integrated process of planning, organizing, coordinating and implementing measures which are necessary or expedient for:

i. prevention of disaster or threat of any disaster;

ii. mitigation or reduction of risk of any disaster or its severity or consequences;

iii. capacity- building;

iv. preparedness to deal with any disaster;

v. prompt response to any threatening disaster situation or disaster;

vi. assessing the severity or magnitude of effects of any disaster;

vii. evacuation, rescue and relief;

viii. rehabilitation and reconstruction.

1 For example housing specialists, setting-up a low-income housing project in a disaster-susceptible area, have the responsibility to mitigate the impact of a future disaster if the project incorporates disaster-resistant construction technologies. Likewise, agricultural development projects need to be planned and implemented in such a way as to prevent the environmental degradation and thus to lessen the farmer's vulnerability to losses from droughts, floods, cyclones etc. Further information is available at {http://dmc.engr.wisc.edu/courses/ aim scope/AA02-Ol.html}.

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Disaster Management means all aspects of planning, coordinating and implementing all measures which are necessary or desirable to prevent, minimize, overcome or to stop the spread of a disaster upon the people or any property and includes all stages of rescue and immediate relief.

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

Disaster management includes the range of activities designed to maintain control over disaster and emergency situations and to provide a framework for helping persons at risk to avoid or recover from the impact of the disaster.

Speaking on this point, the Supreme Court of India observed:

"Disaster Management" means all aspects of planning, coordinating and implementing all measures which are necessary or desirable to prevent, minimize, overcome or to stop the spread of a disaster upon the people or any property and includes all stages of rescue and immediate relief. It is a proven fact that a lot of human suffering and misery from a large number of disasters can be mitigated by taking timely action, planning and preventive measures. It is possible only through well-functioning disaster-management framework. This will enable minimization, control and limit the effects of disasters and will streamline the disaster management exercises. The present relief-centered reactive approach after the striking of disaster needs to be changed into preparedness-oriented proactive attitude. This is the aim of pre-disaster preparations. Disaster-management plans have to play an integral role in this exercise. They are blueprints for the management of disasters. The disaster-management plans should contain the aspects of disaster prevention and of ways for its management in the untoward occurrence of a disaster. A proper plan will place the disaster-management exercise on a more firm foundation. Disaster-management activities should be integrated with the developmental activities. Incidentally, this is also the resolve of the Yokohama Strategy of the United Nations International Decade of Natural Disaster Reduction, to which India is a party. There is an affirmative obligation on the part of the State to preserve and protect human life and property. This obligation is an integral element in fulfilling developmental endeavours. Therefore, disaster management cannot be separated from sustainable development.2

2. N. D. Jayal v. Union of India 2004 (9) SCC 362 at 393.

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Disaster management cycleDisaster management cycle includes the following stages/ phases

1. Disaster phase

2. Response phase

3. Recovery/ Rehabilitation phase

4. Risk Reduction/ Mitigation phase

5. Preparedness phase

Disaster phase – The phase during which the event of the disaster takes place. This phase is characterized by profound damage to the human society. This damage / loss may be that of human life, loss of property, loss of environment, loss of health or anything else. In this phase, the population is taken by profound shock.

Response phase – This is the period that immediately follows the occurrence of the disaster. In a way, all individuals respond to the disaster, but in their own ways. The ambulances and medical personnel arrive, remove the injured for transportation to medical camps or hospitals and provide first aid and life support. The public also take part in relief work. One can even find injured victims help other injured ones. Almost everyone is willing to help. The needs of the population during this phase are immediate medical help, food – ‘roti’, clothing – ‘kapda’ and shelter – ‘clothing’.

Recovery phase – When the immediate needs of the population are met, when all medical help has arrived and people have settled from the hustle – bustle of the event, they begin to enter the next phase, the recovery phase which is the most significant, in terms of long term outcome. It is during this time that the victims actually realize the impact of disaster. It is now that they perceive the meaning of the loss that they have suffered. They are often housed in a camp or in some place which is often not their house, along with other victims. During this time, they need intensive mental support so as to facilitate recovery. When the victims have recovered from the trauma both physically and mentally, they realize the need to return back to normal routine. That is, to pre-disaster life. During this phase, they need resources and facilities so as to enable them to return back to their own homes, pursue their occupation, so that they can sustain their life on their own, as the help from the government and other nongovernmental organizations is bound to taper in due course. Thus, they are provided with a whole new environment, adequate enough to pursue a normal or at least near normal life. This is called Rehabilitation.

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Risk reduction phase – During this phase, the population has returned to predisaster standards of living. But, they recognize the need for certain measures which may be needed to reduce the extent or impact of damage during the next similar disaster. For example, after an earthquake which caused a lot of damages to improperly built houses, the population begins to rebuild stronger houses and buildings that give away less easily to earthquakes. Or, in the case of tsunami, to avoid housings very close to the shore and the development of a ‘green belt’- a thick stretch of trees adjacent to the coast line in order to reduce the impact of the tsunami waves on the land. This process of making the impact less severe is called Mitigation.

Preparedness phase – This phase involves the development of awareness among the population on the general aspects of disaster and on how to behave in the face of a future disaster. This includes education on warning signs of disasters, methods of safe and successful evacuation and first aid measures.

It is worth to note that the time period for each phase may depend on the type and severity of the disaster.

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DISASTER MANAGEMENT IN INDIA

Disasters and their management generally get discussed in their aftermath but practically it should result in planning and preparing the strategy to tackle and mitigate disasters in a responsible and effective manner. Disasters, both natural and unnatural, are macro level events or processes, which induce disturbances and turmoil for a prolonged life-threatening environment for a community.

World Development Report (IFRCRC, 2001) categorizes natural disasters into hydro meteorological (earthquakes, volcanic eruptions, etc) and geophysical (landslides, droughts, etc) categories. The scope of unnatural disasters broadly encompasses conflicts, civil strife, riots and industrial disasters.

In the past decade (1991-2000), natural disasters have killed 66, 59,598 people, accounting for 88 percent of all deaths due to disasters. Similarly, unnatural disasters have killed 86,923 people during the decade. Nearly two-thirds of the people killed in these disasters hail from developing countries like India, with only four percent of the casualties being reported from highly developed countries (IFRCRC, 2001).

Disaster management is essentially a dynamic process. It comprises the classical management functions of planning, organizing, staffing, leading and controlling. It also involves many organizations, which must work together to prevent, mitigate, prepare for, respond to and recover from the effects of disaster. Disaster management would therefore include immediate response, recovery, prevention, mitigation, preparedness and …..the cycle goes on.

India is considered as the world’s most disaster prone country. Like many other countries in this region, India is plagued by various kinds of natural disasters every year, such as floods, drought, earthquakes, cyclones and landslides. Millions of people are affected every year and the economic losses caused by natural disasters amount to a major share of the Gross National Product (GNP). Natural Disasters are huge economic burdens on developing economies such as India. Every year, huge amount of resources are mobilized for rescue, relief and rehabilitation works following natural disaster occurrences.

In India, a closer analysis of what transforms a natural event into a human and economic disaster reveals that the fundamental problems of development that the country faces are the very same problems that contribute to its vulnerability to the

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catastrophic effects of natural hazards. The principal causes of vulnerability include rapid and uncontrolled urbanization, persistence of widespread urban and rural poverty, degradation of the environment resulting from the mismanagement of natural resources, inefficient public policies, and lagging (and misguided) investments in infrastructure.

Development and disaster-related policies have largely focused on emergency response, leaving a serious under-investment in natural hazard prevention and mitigation.

Conventional response to Disasters

Humans have managed disasters and an overview of our past experiences shows that management of disasters is not a new concept. For example, in ancient India, droughts were effectively managed through conventional water conservation methods, which are still in use in certain parts of the country - like Rajasthan. Local communities have devised indigenous safety mechanisms and drought-oriented farming methods in many parts of the country.

The subject of disaster management is not mentioned in any of the three lists in the Seventh Schedule of the Indian constitution, where subjects under the Central and State governments are specified. In the post-independent India, a journey through the five-year plans points to the fact that the understanding of disasters was to mitigate droughts and floods; schemes such as the Drought Prone Area Program (DPAP), Desert Development Program (DDP), National Watershed Development Project for Rain fed Areas (NWDPRA) and Integrated Water Development Project (IWDP) are examples of this conventional paradigm (Planning Commission, 2002).

Recent changes

The late 1990s and the early part of this century marked a watershed in Disaster Management in India. The Orissa Super Cyclone and the Gujarat Earthquake taught the nation a hard lesson. The experiences of the stakeholders like the state, voluntary sector and the communities at large helped in initiating the planning process pertaining to preparedness and mitigation of disasters.

A welcome step in this direction was setting up of a High Powered Committee on Disaster Management in 1999, which submitted its report in 2001. An important recommendation of the committee was that at least 10 percent of plan funds at the national, state and district levels be earmarked and apportioned for schemes that

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specifically address areas such as prevention, reduction, preparedness and mitigation of disasters. Also for the first time in the planning history of India, planners devoted a separate chapter titled ‘Disaster Management: The development perspective’ in the tenth five-year plan document (Planning Commission, 2002).

More recently, several institutions with a focused mandate on disaster management have come up in various parts of the country. The Ministry of Home Affairs (Disaster Management Division), National Institute for Disaster Management (New Delhi), Gujarat State Disaster Management Authority (GSDMA), Orissa State Disaster Management Authority (OSDMA), Disaster Mitigation Institute (Ahmedabad) can be seen as initiatives taken in the right direction.

There has also been a concerted effort on the part of the state to mainstream Disaster Mitigation initiatives in Rural Development schemes. One of its example is the coordination between the Ministry of Rural Development and the Ministry of Home Affairs, which is now the nodal ministry for coordination of relief and response and overall natural disaster management, for changing the guidelines of schemes such as Indira Awas Yojna (IAY) and Sampoorn Grameen Rojgar Yojna (SGRY) so that the houses constructed under IAY or school buildings/community buildings constructed under SGRY are earthquake/cyclone/flood resistant.

Role of NGOs

Since the community is the first responder in any disaster situation, there is a great need for community level initiatives in managing disasters. The initiatives taken by various agencies, including the state, need to be people-centric and the level of community participation should be gauged through the role played by the community in the process of planning and decision-making. Efforts should also be made to strengthen local economies, thereby making people independent of external assistance (Gupta, www.gisdevelopment.net).

The voluntary sector has been in the forefront of mobilizing communities, enabling them to cope with disasters in the past decades. Their initiatives and experiences have been consolidated and demonstrated on a larger scale with the help of the state. Development organizations working in communities share a good rapport with the community, which helps the state in implementing its plans more effectively; village level plans prepared after the Super Cyclone in Orissa could be seen as an example of the same.

The focus of any disaster management plan now incorporates the following:

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Community Based Disaster Preparedness Development of block, Gram Panchayat and Village disaster

management plans

This has been made possible through continuous advocacy by development organizations like Action Aid, Oxfam, CARE- India, etc. These initiatives have been scaled up by the state, which has taken efforts to integrate disaster management plans with the larger developmental plans at all levels such as Village/Panchayat/Block/District/State.

Government has got the whole machinery in place and the relief work is carried out with the help of the following agencies- Indian Red Cross Society ,Indian Institute of Tropical Meteorology, UNDP India, Tata Energy Research Institute, Housing and Urban Development Corporation Ltd., Ministry of Urban Development and Council for Advancement of People’s Action and Rural Technology (CAPART). All these agencies in the past responded to major disasters in the country. For example, in the state of Orissa in the aftermath of Super Cyclone in 1999, they provided immediate relief services to the affected families. Further, they collected and distributed relief material, helped in providing immediate shelter, supported voluntary organizations for implementing activities pertaining to the relief and rehabilitation work and provided training to masons for repairing damaged houses. The vast network of partner voluntary organizations provides the Government with a greater opportunity to implement Disaster Management plans at the grassroots level much more effectively.

Challenges for the future

There is a growing need to look at disasters from a development perspective. Disasters can have devastating effect on communities and can significantly set back development efforts to a great extent. But then, it could also offer an opportunity to invest in development efforts in a post disaster scenario. Disasters are opportunities for communities to reinvent themselves.

Disaster prevention, mitigation, preparedness and relief are four elements, which contribute to and gain from the implementation of sustainable development policies. These elements, along with environmental protection and sustainable development, are closely inter-related. The Yokohama Strategy, emanating from the international decade for natural disaster reduction in May 1994, emphasizes that disaster prevention, mitigation and preparedness are better than disaster-response in achieving the goals and objectives of vulnerability reduction.

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The Government of India has adopted mitigation and prevention as essential components of its development strategy. The Tenth Five Year Plan emphasizes the fact that development cannot be sustainable without mitigation being built into the development process. In brief, Disaster Management is being institutionalized into development planning. But, there are various underlying problems in the whole process. In fact, a number of problems stem from social inequities.

In the long run, the onus is upon the local communities to handle disasters with the help of the state and other such organizations. It is a well-known fact that the community dynamics is quite complex in a country like India. There is a need to address specific local needs of vulnerable communities through local traditions and cultures. Restoration of common property resources with the participation of the local level bodies is a real challenge. The historical focus of disaster management has been on relief and rehabilitation after the event but now the focus is on planning for disaster preparedness and mitigation. Given the high frequency with which one or other part of the country suffers due to disasters, mitigating the impact of disasters must be an integral component of our development planning.

One of the glaring lacunae in the process of Disaster Management in India has been the overlooking of unnatural disasters. The recent efforts focus purely on natural disasters, whereas the current global situation also demands initiatives in managing the impact of unnatural disasters. Developments at the international level, particularly the civil wars and civil strife in Eastern Europe and Southern America culminating on 9/11 have brought the issue of unnatural disasters at the forefront of disaster management. The global community has recognized the serious consequences of Nuclear, Biological and Chemical (NBC) warfare. This remains a serious challenge for India to address in the near future.

The need of the hour is to chalk out a multi-pronged strategy for total disaster management comprising prevention, preparedness, response and recovery on the one hand and initiate development efforts aimed towards risk reduction and mitigation on the other. The countries in the Asia-Pacific region should establish a regional co-ordination mechanism for space-technology based disaster mitigation and strengthen co-operation, Luan suggested, adding that they also need to set up an all-weather and all-time comprehensive space-based disaster mitigation system and share the information.

A pro-active stance to reduce the toll of disasters in the country requires a more comprehensive approach that comprises both pre-disaster risk reduction and post-disaster recovery. It is framed by new policies and institutional arrangements that

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support effective action. Such an approach should involve the following set of activities:

Risk analysis to identify the kinds of risks faced by people and development investments as well as their magnitude;

Prevention and mitigation to address the structural sources of vulnerability;

Risk transfer to spread financial risks over time and among different actors;

Emergency preparedness and response to enhance a country’s readiness to cope quickly and effectively with an emergency; and

Post-disaster rehabilitation and reconstruction to support effective recovery and to safeguard against future disasters.

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DISASTER MANAGEMENT - A STATE SUBJECT IN INDIA

Disaster is a state subject in India; it is, therefore, the responsibility of the state to provide every kind of support and assistance to the victim. The Central Government has a facilitating role. It, with proper coordination with various ministries, extends all required support and helps to the states, namely defence services, air dropping, rescuing, searching, transport of relief goods, availability of rail and ferry services, health personnel and medical support, etc. In the State, the Relief Commissioner or Disaster Management Secretary is the specific authority responsible for handling and management of the disaster.

At the state level there is a State Level Disaster Management Committee consisting of senior secretaries of various departments and representatives of the NGOs. At national level, there is a Crisis Management Committee headed by the Cabinet Secretary and secretaries from major departments of governments. In 1999 a high powered Committee on Disaster Management was set up by the Government of India to look into the existing disaster management system in the country and to suggest measures to improve it. Besides, a Calamity Relief Fund has been constituted with contribution in ratio 3: 1 between the Centre and the respective State Government. The Eleventh Finance Commission has recommended nearly Rs. 11,000 crores for the period spread over five years, while the Twelfth Finance Commission has also recommended a Rs 23,000 crores assistance for the states.

Rehabilitation is an integral part of disaster management. When disasters occur administrative measures are terribly inadequate and perhaps this is the most difficult period for a victim. The role of administration does not end with end of disasters. In fact its effort and commitment get more complex. It requires proper coordination among various agencies. In this context it is very important to note that disasters are non-routine events that require non-routine response. Government cannot rely on normal procedures to implement appropriate responses- the rescue teams require learning special skills, technologies and attitudes in dealing with disasters.

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LEGISLATIVE FRAMEWORKS FOR DISASTER MANAGEMENT

The Indian government promulgated the Environment (Protection) Act in 1986, whichis umbrella legislation to protect and improve the environment and to regulate the management and handling of hazardous substances and chemicals. The Ministry ofEnvironment and Forests continuously monitors the progress made by various stategovernments and union territories with respect to the implementation of India’sHazardous Wastes Rules. Of the 524 districts in 21 states and union territories in Indiafor which information is available, 335 districts are characterized by 11 358 industrialunits that generate hazardous waste. About 9.3 million MT (metric tons) of hazardouswaste is generated in India, and 1.35 million MT of that is recyclable waste, 0.11million MT is incinerable waste, and 0.49 million MT waste is sent away for securedisposal. There are 88 incinerators in the country and only two engineered landfill sites, both located in the State of Gujarat. Seventy-four sites have been identified in various states to establish common disposal facilities, and 14 of these sites have been notified of their identification. With regard to recycling units, 188 utilize indigenous hazardous waste as raw material, and 21 depend on imported recyclable waste. Experience in India shows that most industries respond to environmental issues by complying with Government regulations, but if corporations do take an antagonistic position towards regulations, they continue to be burdened with ever-increasing regulations and adverse judicial pronouncements. In the future, the corporations need to be proactive and set voluntary standards for environmental protection and safety that minimize the chance that illogical and ill-conceived regulations and standards are adopted. This, in turn, requires a comprehensive, constructive and cooperative policy-making process to shape national environmental policies and regulations. Even after efforts to reduce waste are undertaken, some residuals will remain that warrant innovative treatment and disposal methods. For example, Industrial solid waste reduction and management could be combined through engineered bioremediation and phyto-remediation systems that harness the favourable climatic conditions in India, microbial metabolism, and plant microorganism interactions.

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CONSTITUTION OF INDIA

India introduced an amendment into its constitution calling upon the state to protect and improve the environment to safeguard public health, forests and wildlife. The forty-second amendment to the Indian Constitution was adopted in 1976, and went into effect on January 3, 1977. The Directive Principles of State Policy (Article 47) in the Indian Constitution requires not only that the state protects the environment, but it also compels the state to seek the improvement of polluted environments. This allows the government to impose restrictions on potentially harmful entities such as polluting industries. The country has a long history of environmental legislation, including the passage and codification of the Indian Penal Code of 1860, the Criminal Procedure Code, the Bengal Nuisance Act of 1905, the Motor Vehicles Act of 1988, the Factories Act of 1950, The Indian Forest Act of 1927, The Forest (Conservation) Act of 1918, and the Public Liability Insurance Act 1991, to list a few. The Indian government promulgated the Environment (Protection) Act in 1986 to protect and improve India’s environment and to regulate the management and handling of hazardous substances and chemicals. The act encompasses water, air and land in its definition of the environment, as well as the interrelationships between them and human beings, other living creatures, plants, microorganisms and property. The act prohibits the emission or discharge of environmental pollutants in excess of prescribed standards, and it also sets mandatory procedural safeguards for handling hazardous substances. It has accorded wide-ranging powers to the national government to take all measures deemed necessary for protecting or improving the environment. These powers include:

Laying down standards for emissions and discharges to maintain environmental quality;

Restricting the sitting of industries;

Defining safeguards to prevent industrial accidents and concomitant remedial measures;

Laying down standards for hazardous waste management, hazardous chemical transport and handling, and the import and export of hazardous wastes and chemicals;

Inspection of polluting sources and direction to prevent, control and monitor pollution;

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Information collection and dissemination on pollution in the country in addition to the governmental efforts to control pollution.

Lastly, the rules framed by the Indian government for hazardous waste management under the Environment (Protection) Act of 1986 are:

Hazardous Waste (Management and Handling) Rules, 1989 (January 2000 amendment)

Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989

Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Chemicals and Genetically Engineered Organisms or Cells, 1989

Hazardous Waste (Management and Handling) Rules (1989 and 2000)

The Hazardous Waste (Management and Handling) Rules of 1989 were written by the Ministry of Environment and Forests (MoEF) under Section 6, 8 and 25 of the Environment (Protection) Act of 1986. These rules provide for the control of generation, collection, treatment, transport, import, storage and disposal of wastes listed in the schedule annexed to these rules. The state pollution control boards (SPCB) and the state governments implement these rules, which are applicable to 18 categories of wastes. In order to be subject to regulation, however, the rules set a threshold amount of hazardous waste in each category. No regulation applies at levels below the threshold. The implementing authorities, especially the State Pollution Control Boards (SPCBs), have had difficulties identifying hazardous waste generating units using the 18 categories listed in the Schedule to the Hazardous Waste Rules. The state governments were also unable to identify hazardous waste landfill sites, and this was given as the reason for the mismanagement of hazardous waste generated by industries. In view of this, after deliberations spanning over four years, amendments were finalized and authorities were notified on January 8, 2000. The following are the most salient features of the amended rules:

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Hazardous waste is defined as “all waste generated, stored, transported and disposed having characteristics specified in Schedule 1 and detailed in Schedule 2, excluding radioactive wastes”.

Schedule 1 delineates the processes generating hazardous wastes and streams that are covered by the definition. Installations that generate hazardous wastes in the processes described are covered under the rules

A listing of concentration limits of constituents in the wastes is indicated in Schedule 2. These concentration limits are used as limits to classify the wastes.

Schedule 3 introduces Lists A and B of the Basel Convention (see International Issues in Hazardous Waste Management), which were adopted as Annexure VIII and IX to the Convention in 1998, to enumerate substances subject to import and export regulation.

Responsibility for identification of sites for common treatment, storage and disposal Facilities (CTSDF) and individual toxic substance disposal facilities (TSDF) is assigned not merely to the state government, but also to the industrial associations responsible for the waste generation.

Provisions relating to import and export of hazardous waste for recycling are expanded to incorporate a streamlined procedure. In addition, requirements under the Basel Convention regarding illegal traffic have also been incorporated.

Rules on design, setup and closing of landfill facilities are elaborated.

A system for tracking hazardous wastes from the point of generation to the disposal site is introduced.

A fee for authorization and import is prescribed.

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DISASTER CASES IN INDIA

YEAR - 2011

Gujarat earthquake 

2011 Gujarat earthquake was a magnitude 5.3 (Mw) moderate earthquake epicentered at Bhuj,Gujarat, India at around 22:48 IST. The earthquake centered within Bhuj area of Gujarat, which was hit by one of India's worst quakes in history 10 years ago. Tremors were felt in Surat, Ahmedabad, Amreli, and Junagadh areas of Gujarat and also in certain parts of Mumbai. The magnitude 5.3 (Mw) earthquake occurred inland at 18:10 IST on 20 October 2011 in Saurashtra region of Gujarat, at about 38 km (23 mi) from south of Junagadh. The depth of the quake was 15.5 km. Earthquake was felt for 25 seconds in Junagadh resulting in people rushed out of their homes in panic. There were few utter chaos in Talala, as the entire city got plunged into darkness following a power outage caused by the quake. No casualty was recorded immediate to the quake.

YEAR – 2009

India floods:

The 2009 India floods affected various states of India in July 2009, killing at least 36 people in Orissa and 13 in Kerala. The most affected states include Karnataka, Orissa, Kerala, Gujarat and North-East Indian states. Floods triggered by heavy monsoon rains have killed at least 36 people in the eastern Indian state of Orissa alone and inundated half a million homes. On July 13th, seven people were killed and many others missing when a bus fell into a rivulet after being swept away by flood waters in Nayagarh district in Orissa. Nayagarh is 87 km from the Orissa state capital, Bhubaneswar. The world famous Sun Temple at Konark is also water-logged, causing hardship for tourists. The most flood affected districts in Orissa are Nayagarh, Cuttack, Ganjam, Keonjhar, Koraput and Kandhamal.

Several parts of Kerala were affected with the torrential rains with losses amounting to crores of rupees. At least 13 people in Kerala state are reported dead due to floods in the state. The most affected districts of Kerala are Kannur, Ernakulam, Kozhikode, Kollam Thrissur, Malappuram, Wayanad, Kasaragod and Alappuzha districts. A number of relief camps are opened throughout the state. Over three lakh people have been hit after incessant rains in Assam and other north eastern states of India.

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YEAR – 2006

Meerut fire:

On April 10, 2006 at about 17:30 local time, a fire swept through a consumer electronics fair (Brand India Fair) in Victoria Park, Meerut, killing at least 60 people and injuring 150 others. The fire was said to have been caused by a short circuit.

The fire engulfed a tent about 100 metres long at the fair, to which thousands of people had reportedly come to see the latest electronic gadgets. Police officers said that there was only one exit which was also an entry for the tent. In all, three giant tents were destroyed. Witnesses said they heard gas cylinders exploding.

YEAR – 2004

Indian Ocean earthquake:

The 2004 Indian Ocean earthquake was an undersea mega thrust earthquake that occurred at 00:58:53 UTC on December 26, 2004, with an epicentre off the west coast of Sumatra, Indonesia. The quake itself is known by the scientific community as the Sumatra-Andaman earthquake. The resulting tsunami itself is given various names, including the 2004 Indian Ocean tsunami, Asian Tsunami, Indonesian Tsunami, Boxing Day Tsunami, and, simply, The Tsunami.

The earthquake was caused by sub-duction and triggered a series of devastating tsunamis along the coasts of most landmasses bordering the Indian Ocean, killing nearly 230,000 people in fourteen countries, and inundating coastal communities with waves up to 30 meters (100 feet) high. It was one of the deadliest natural disasters in recorded history. Indonesia, Sri Lanka, India, and Thailand were the hardest hit.

With a magnitude of between 9.1 and 9.3, it is the second largest earthquake ever recorded on a seismograph. This earthquake had the longest duration of faulting ever observed, between 8.3 and 10 minutes. It caused the entire planet to vibrate as much as 1 cm (0.4 inches) and triggered other earthquakes as far away as Alaska.

The plight of the many affected people and countries prompted a widespread humanitarian response. In all, the worldwide community donated more than $7 billion (2004 U.S. dollars) in humanitarian aid.

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YEAR – 2001

Gujarat earthquake:

The 2001 Gujarat earthquake occurred on January 26, 2001, at 08:46 AM, and coincided with the 51st celebration of India's Republic Day. The location of the epicentre was Bhuj (23.6° N 69.8° E) Gujarat, India. With a moment magnitude of between 7.6 and 8.1, the quake killed around 20,000 people and injured another 16, 70,000 and destroyed nearly 4, 00,000 homes throughout Gujarat. The quake also killed 18 people in south eastern Pakistan.

YEAR – 1984

Bhopal disaster:

The Bhopal disaster was an industrial catastrophe that took place at a pesticide plant owned and operated by Union Carbide (UCIL) in Bhopal, Madhya Pradesh, India. Around midnight on the intervening night of December 2–3, 1984, the plant released methyl isocyanides (MIC) gas and other toxins, resulting in the exposure of over 500,000 people. Estimates vary on the death toll. The official immediate death toll was 2,259 and the government of Madhya Pradesh has confirmed a total of 3,787 deaths related to the gas release. Other government agencies estimate 15,000 deaths. Others estimate that 8,000 died within the first weeks and that another 8,000 have since died from gas-related diseases.

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BIBLIOGRAPHY PRIMARY SOURCESTHE DISASTER MANAGEMENT ACT, 2005

THE CONSTITUTION OF INDIA

HAZARDOUS WASTE (MANAGEMENT AND HANDLING) RULES, 1989

SECONDARY SOURCES

BOOKS

Disaster Management Law, The Indian Law Institute New Delhi. Edited By Vishnu Konoorayar Jaya V.S.

Environmental Law By P.S.Jaswal and Nishta Jaswal

Gupta, Kailash. Forthcoming. “Bhopal Chemical Disaster” in Encyclopedia of Disaster Relief, edited by K. Bradley Penuel, Matthew Statler, and J. Geoffrey Golson. Thousand Oaks, CA: Sage

Kapur Anu, Neeti, Meeta, Deeptima, Roshani, and Debanjali. 2005. Disasters in India: Studies of Grim Reality. Jaipur, India: Rawat Publications

Legal Aspects Of Disaster Management & Rehabilitation: Indian Scenario – Dr. Francis Julian.

Scanlon, Joseph T. 2005. “Forward” in What is a Disaster? New Answers to Old Questions edited by Ronald W Perry, and E. L. Quarantelli. New York, N.Y.: Xlibris Corporation. p 15

Disaster Management in India - Dr. K.N. Chandrashekharan Pillai.

Waste Management vis a vis Disaster Management – Dr.V.Sudesh

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NEWSPAPER

THE TIMES OF INDIA

THE HINDUSTAN TIMES

THE HINDU

INTERNET SOURCES

http://www.reliefweb.int/library/mcda/refman/chapt1.html

http://en.wikibooks.org/wiki/ICT_for_Disaster_Management/Introduction

http://ndmindia.nic.in/EQProjects/Disaster%20Management%20in%20India%20- %20A%20Status%20Report%20-%20August%202004.pdf

http://www.unisdr.org/eng/country-inform/reports/India-report.pdf

http://www.karmayog.com/disastermgt/dosdontsdisastermgt.htm

http://www.gisdevelopment.net/aars/acrs/2000/ts8/hami0001b.asp

http://amnesty.org/en/library/info/ASA20/015/2004/en

http://www.mp.gov.in/bgtrrdmp/default.html

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