Revisiting the Disaster Management Framework in India: The Need for Legal Reforms

Abstract

India's geographic and climatic diversity renders it one of the most disaster-prone countries in the world, vulnerable to a wide spectrum of natural and human-induced hazards including earthquakes, cyclones, floods, droughts, landslides, and industrial accidents. The Disaster Management Act, 2005 (DMA) represents India's primary legislative framework for disaster management, establishing institutional structures, delineating responsibilities, and providing for the preparation, response, and recovery phases of disaster management. However, the experience of nearly two decades of implementation, culminating in the unprecedented challenges posed by the COVID-19 pandemic, the Uttarakhand glacier disaster of 2021, and recurring floods across multiple states, has revealed significant deficiencies in the existing legal framework. This article critically examines the disaster management framework in India, evaluating the adequacy of the DMA and related legislation in addressing the evolving nature of disaster risks, the challenges of coordination among multiple levels of government, the integration of climate change adaptation into disaster risk reduction, and the protection of the rights of disaster-affected populations. Through a comparative analysis of international best practices and an assessment of India's institutional and legal architecture, this paper argues that comprehensive legal reforms are necessary to strengthen India's disaster preparedness, response capacity, and resilience in the face of escalating climate-related risks. The article concludes with specific recommendations for legislative reform, institutional restructuring, and the integration of a rights-based approach to disaster management.