Disaster Management Laws: Analysis Of Indian Laws And International Standards

Asmi Devrani, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies, Pitampura, Delhi

ABSTRACT

The importance of international human rights law in protecting, preventing, responding to, recovering from, and mitigating disasters has come to light more and more in recent decades. The 2004 Indian Ocean tsunami was a paradigm shift in how the world viewed natural disasters in many ways. Before the 2004 tsunami, the main way that disasters were viewed was as an opportunity to mobilise humanitarian relief quickly, usually by giving priority to persons with the necessary logistical and specialised skills. An examination of the international legal frameworks pertaining to disaster management reveals a complicated relationship between the protection of human rights and public safety, requiring a delicate balancing act between the two. The handling of disasters in India has been one such concern. The topic of disaster management was unable to find a home in the Indian Constitution, despite being one of the most catastrophe-prone nations in the world, for reasons that will be discussed later in the paper. A crucial role in this redesign of the disaster management systems was given to the establishment of a strong legal framework. The Indian Parliament passed the Disaster Management Act in 2005 to establish the legal framework for the organisation and operation of the structures, functionaries, and activities related to disaster management in order to make the nation disaster-free. As a result, the article aims to critically examine the nation's disaster management law structure.

This research paper aims to comprehensively examine the legal framework governing disaster management in India, focusing on the Disaster Management Act, 2005, and comparing it with international standards. The paper assesses the historical evolution, key provisions, institutional mechanisms, and real-world applications, providing insights into India's disaster management preparedness. This paper also explores disaster management and human rights, emphasizing the role of international human rights law and disaster risk reduction.

Keywords: Disaster Management Act, 2005, International human rights, NDMA, rehabilitation, Disaster Risk Reduction