Hitesh Agrawal & Naiana Jain
Nirma University, Ahmedabad
• It is a cataclysm which affects
the vast area and leads
human sufferings, loss of life
and property. Disasters result
from the combination of
hazards, conditions of
vulnerability and insufficient
capacity or measures to
reduce the potential negative
consequences of risk.
“Disasters occur when hazards meet
In addition to a hazard, vulnerability should
be there to constitute a disaster.
• United Nations Development
Programme on Disaster
Management defines it as a
body of policy, administrative
decisions and operational
activities required to prepare
for, mitigate, respond to and
prepare the effects of natural
and man-made disasters.
• Recently Japan has faced the
wicked disasters in the form
of earthquake and tsunami.
• These disaster also creates
• The earthquake occurred in
Kutch and Bhuj District of
Gujarat in 2001 and
Tsunami of 2004 are also
the examples of the
disasters which affected
the development and
Human beings at high level.
• Depletion of Ozone layer in
the atmosphere due to the
reckless activities of the
industrialist which causes
disasters and Issues of
global Warming are
effecting the environment.
• Stockholm Declaration, 1972
• The Rio Conference,1992
These two declarations also say
about the involvement of India
to fight against the
• Japan’s disaster has also
affected environment to an
• The Convention on International
Civil Aviation (Chicago convention)
• The Convention on Facilitation of
International Maritime Traffic, 1965
• The Convention on the
Simplification and Harmonization of
Customs Procedures 1973 (Kyoto
• Convention of International
Carriage by Rail, 1980.
• The Convention on the Temporary
• Declared by the UN
• from 1990 to 1999
• The most important standards;
Yokohama Strategy - The strategy emphasized on the
need for shifting the stress on relief and rehabilitation to
prevention and mitigation.
The Geneva Mandate on Disaster Reduction - This
mandate calls for adopting and implementing policy
measures at all levels from international, regional, sub-
regional, national to local levels for establishing hazard-
Tampere Telecommunication Convention - This strategy
requires the signatory states to provide unrestricted use
of telecommunications in the event of disasters.
International Strategy for Disaster Reduction - The ISDR aims at building disaster
resilient communities by promoting awareness about the importance of disaster
reduction as an integral part of sustainable development which is in India’s
context, very well enshrined under Article 21.
Hyogo Framework for Action 2005-2015 - It is aiming at an integrated, multi-
hazard approach to disaster risk reduction. These resolutions were passed on
the basis of a few considerations like importance of international co-operation
and partnership; primary responsibility of each state for sustainable
development; the measures taken for protection of people in its territory.
Section 2(e) of Disaster
Management Act, 2005 defines
• Initially there was no
legislation but Tsunami made
the legislators aware on the
need of having a suitable
legislation on disaster
management and after that
Disaster Management Act,
2005 came into existence.
• The Public Liability
Insurance Act, 1991
• Recommendation of the
High Power Committee
• then finally Disaster
Management Act, 2005
came into existence
National Disaster Management Authority
National Institute of Advisory National Executive National Disaster
Disaster management Committee Committee Response Force
State Disaster Management Authority
Advisory Committee State Executive
District Disaster Management Authority
In Tehri Bandh Virodhi Sangharsh Samiti V. State of UP, 1992 Supp. (1)
SCC 44 involving construction of a dam across a river in the high mountain
ranges in the Himalayas, the Supreme Court of India has held that Disaster
Management is part of the Right to Sustainable Development.
In N.D. Jayal and Union of India (2004) 9 SCC 362, it was decreed “Disaster
Management cannot be separated from sustainable development”.
M.C. Mehta v. Union of India AIR 1987 SC 1086-
It was a case of Oleum gas leak in Delhi and commonly known as Shriram
Food and Fertilizers Case. This case laid down the principle of Absolute
Liability in India.
Disaster Management Strategy
aims at the promotion of
sustainable livelihoods and their
protection and recovery during
disasters and emergencies. Where
we will be able to achieve it,
people will have a more capacity
to deal with disasters and their
retrieval is more rapid and long
lasting. In a development oriented
disaster management approach,
the objectives are to reduce
hazards, prevent disasters, and
prepare for emergencies.
• In present time, modern disaster managers stress more on
pre- disaster approach including mitigation and prevention of
it than on post- disaster response. There is one common
axiom: “Prevention is better than Cure”, so it is better to
prevent these sorts of disasters. It is indeed that one cannot
restrict the Natural disasters but certainly by proper
mitigation methods, by spreading awareness among the
people that what they should do in these type of situations,
one can have control over the effects of it.
• Disaster Management Act came in 2005 and how far this Act
is effective is yet to be witnessed.