Heatwaves Not Included As Notified Disaster in National Disaster Management Act

HEATWAVES NOT INCLUDED AS NOTIFIED DISASTER IN NATIONAL DISASTER  MANAGEMENT ACT

The DM Act, 2005 was enacted in the wake of the 1999 Odisha super-cyclone

and the 2004 tsunami.

WHAT IS A DISASTER AS PER THE LAW?

It defines a disaster as a “catastrophe, mishap, calamity or grave occurrence” arising from “natural or man-made causes” that results in substantial loss of life, destruction of property, or damage to the environment. It must also be of such nature which is “beyond the coping capacity” of the community.

WHAT WILL HAPPEN IF HEAT WAVES ARE INCLUDED?

The ongoing spell of extreme heat in many parts of the country has once again reopened discussions on the inclusion of heatwaves as one of the notified disasters under the Disaster Management (DM) Act, 2005.

If the inclusion does happen, states will be allowed to use their disaster response funds to provide compensation and relief, and carry out a range of other activities for managing the fallout of a heatwave.

Currently, states need to use their own funds for these activities.

CURRENT LIST OF NOTIFIED DISASTERS

Currently, there are 12 categories of disasters which are notified under this Act. These are:

• Cyclones
• Drought,
• Earthquake,
• Fire,
• Flood,
• Tsunami,
• Hailstorm,
• Landslide,
• Avalanche,
• Cloudburst,
• Pest attack, and
• Frost and cold waves.

WHEN DOES THE DM ACT GETS INVOKED?

If a disaster happens (as per definition) , then the provisions of the DM act can be invoked.

The provisions allow states to draw money from the two funds that have been set up under this law —

• The National Disaster Response Fund (NDRF) at the national level and
• The State Disaster Response Fund (SDRF) at the state level.

The states first utilise the funds available in the SDRF, and only if the magnitude of the disaster is unmanageable with the SDRF, states seek the money from the NDRF. For instance, in 2023-24 only two states- Himachal Pradesh & Sikkim utilized the funds from the NDRF, rest managed with SDRF.

WHERE DOES THE MONEY IN THESE FUNDS COME FROM?

WHEN CAN THE MONEY BE UTILISED FROM THESE FUNDS?

The money in these funds cannot be used for any purpose other than response and management of notified disasters.

WHY HEAT WAVES ARE NOT ADDED?

Though heatwaves are not a new phenomenon in India, and heat-related illnesses and deaths have been common in large parts of northern, eastern and central India, these were not viewed as a disaster when the Act came into being in 2005.

WHY SO?

It was because heat waves were a common occurrence during summer, and not really an unusual weather event.

IS THERE A NEED TO INCLUDE HEAT WAVES?

In the last 15 years, however, both the severity and frequency of heatwaves have increased. Due to increased economic activity, there is a far larger number of people who have to remain outdoors for their livelihoods or other reasons, exposing them to the risk of a heat-stroke.

HOW MANY STATES ARE VULNERABLE TO HEAT WAVES NOW?

There are 23 states, which are vulnerable to heatwaves.

These states as well as several vulnerable cities have now prepared heat action plans (HAPS) to deal with the impacts of extreme heat. HAPs involve activities like creation of shaded spaces, ensuring availability of cool water in public places, distribution of simple oral solutions, and reorganising the schedules of schools, colleges and office working hours. These measures require expenditure but state governments have not been able to use the SDRF for them.

WHY THE CENTRAL GOVERNMENT IS NOT ADDING IT?

There are two reasons behind this reluctance:

• Finance Commission reluctance:
  • This demand is being put forth in front of the Finance Commission since the last 3 times, but the FC has been reluctant.
  • However, the 15th FC endorsed an enabling provision created by the preceding Commission that allowed states to utilise at least a part of the SDRF money — up to 10% — for “local disasters” such as lightning or heatwaves, which states could notify on their own.
    • Using this new enabling provision, at least four states — Haryana, Uttar Pradesh, Odisha, and Kerala — have added heat waves as local disasters.
  • Practical Difficulties:
    • Although unstated, the main reason behind the reluctance to add heatwave as a notified disaster is the potentially huge financial implication of the move.
      • The government has to provide monetary compensation — Rs 4 lakh — for every life lost because of a disaster that is in the notified list. Grievous injuries also have to be compensated.
  • The other reason is the problem in attributing deaths to heatwaves. In most cases, heat itself does not claim lives. Most people die due to other pre-existing conditions, made worse by the impact of extreme heat.

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