• The Supreme Court directed National Disaster Management Authority (NDMA) to issue guidelines in six weeks for ex gratia assistance to families of those who died of COVID-19.

• The top court also ordered steps to simplify guidelines for issuance and correction of death certificates/official documents stating the exact cause of death, that is, ‘Death due to COVID-19’ for enabling dependents to get benefits of welfare schemes.

• The Supreme Court’s direction came on two separate pleas seeking directions to the Centre and the states to provide Rs 4 lakh compensation to the families of COVID-19 victims as provisioned under Disaster Management Act (DMA), 2005.

Provision for compensation under DMA

• The Supreme Court rejected the Centre’s stand that a provision of the Disaster Management Act, 2005 casting an obligation on the National Disaster Management Authority (NDMA) to pay ex gratia assistance in the event of death is discretionary and not directory.

• Section 12 of the DMA, 2005 provides for guidelines for minimum standards of relief.

It states that:

The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include:

1) The minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation.

2) The special provisions to be made for widows and orphans.

3) Ex-gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood.

4) Such other relief as may be necessary. 

• The Centre had pleaded that the word “shall” used in Section 12 may be read as “may” and it should be read as “discretionary” and shall not be construed as “mandatory” and there should not be a literal interpretation of the provision as the intent of the legislation should be kept in mind. 

• The SC bench said that in the provision, the word “shall” is used twice and the intent of the legislature by using the word “shall” twice is very clear. 

Genesis of NDMA

• The government of India, recognising the importance of disaster management as a national priority, had set up a High Powered Committee (HPC) in August 1999 and a National Committee on Disaster Management in 2001 after the Gujarat Earthquake to make recommendations on the preparation of disaster management plans and to suggest effective mitigation mechanisms. 

• After the 2004 Indian Ocean tsunami, the government took a defining step in the legislative history of the country, through an Act of Parliament, by creating the National Disaster Management Authority (NDMA) to spearhead and implement a holistic and integrated approach to disaster management in India.

• NDMA was constituted on May 30, 2005 by an executive order of the government. 

• Subsequently, the Disaster Management Act, 2005 was enacted on December 23, 2005. NDMA was notified on September 27, 2006 under the provisions of the Disaster Management Act, 2005.

• The Prime Minister is the chairperson of the NDMA.

Disaster Management Act

• The Disaster Management Act, 2005 (DM Act 2005) lays down institutional and coordination mechanism for effective disaster management at the national, state, district and local levels. 

• As mandated by this Act, the government of India created a multi-tiered institutional system consisting of the NDMA headed by the PM, the State Disaster Management Authorities (SDMAs) headed by the respective chief ministers and the District Disaster Management Authorities (DDMAs) headed by the district collectors and co-chaired by chairpersons of the local bodies. 

• These bodies have been set up to facilitate a paradigm shift from the hitherto relief-centric approach to a more proactive, holistic and integrated approach of strengthening disaster preparedness, mitigation, and emergency response. 

Functions of NDMA:

• NDMA has the responsibility for laying down policies, plans and guidelines for disaster management (and coordinating their enforcement and implementation for ensuring timely and effective response to disasters). 

• It will approve the disaster management plans of the central ministries/departments. 

It will take such other measures as it may consider necessary, for the prevention of disasters, or mitigation, or preparedness and capacity building, for dealing with a threatening disaster situation or disaster. 

• Central ministries/ departments and state governments will extend necessary cooperation and assistance to NDMA for carrying out its mandate. 

• It will oversee the provision and application of funds for mitigation and preparedness measures. 

• NDMA has the power to authorise the departments or authorities concerned, to make emergency procurement of provisions or materials for rescue and relief in a threatening disaster situation or disaster.

In March 2020, the Union home ministry issued strict guidelines for the enforcement of  nationwide lockdown in the wake of COVID-19 pandemic, invoking the National Disaster Management Act, 2005.

The NDMA, chaired by PM Narendra Modi, in exercise of the powers under section 6(2)(i) of the Disaster Management Act, 2005, had issued order directing the Union ministries/departments and the state/Union Territory governments to take effective measures to prevent the spread of COVID-19 in the country.

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