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SC orders Centre to set up proper disaster relief fund

May 12, 2016


The inability of recent governments in handling crisis situations like earthquakes, floods and droughts has forced the Supreme Court of India to ask the Centre to set up proper relief funds for disasters and be more “ liberal” in fund distributions. A bench of Justices Madan B Lokur and N V Ramama directed the Centre to implement the Disaster Management Act in letter and spirit to handle natural calamities. Recently, the Centre stated that it was the state's responsibility to declare disasters in their own state. The SC also looked down upon this statement and noted that the Centre cannot shy away from responsibilities that are of such national importance. The Centre's statement was released in the wake of the Maharashtra drought situation. The apex court directed the Centre to set up within six months a National Disaster Response Force with its own regular specialist cadre to handle natural calamities like drought. Although drought has been declared a calamity under Disaster Management Act, the Centre had told the court that there was no special force to deal with the crisis. Justice Lokur, quoted Lokmanya Tilak at the very beginning of the verdict - “ The problem is not lack of resources or capability, but lack of will -to summarize the entire crisis on drought in the country. “ It also directed the government to form National Disaster Mitigation Fund within three months. The court asked the Centre to revise Drought Management Manual which was prepared in 2009 and fix a time-frame for declaring drought The statement of the SC was not received well by political leaders. Finance minister Arun Jaitley came out with a statement in which he asked the SC where should the government bring the money required. He also noted that the appropriation bill has been introduced in the parliament and what remains is budget decisions. “ I have seen on TV that the SC has asked to create a new fund (for drought). Now we have passed the appropriation bill. Where do I get the extra money? “ he asked. “ Can't you see, step by step, brick by brick, the edifice of India's legislature is being destroyed. And outside the appropriation bill, we are being told to create this fund. We will have Budget-making going outside Parliament and if there is a taxation dispute between Centre and states, a major party says now let the judge decide, so taxation power also goes, “ the finance minister said.

OUR TAKE

The crisis situations in various parts of India like Maharashtra and Chennai have made us realize how much we lack in disaster prevention preparation and management. Even after the disasters have taken place, the government has been slow in the response. Although the recent happenings in Latur, Maharashtra have been handled more carefully and in a more planned manner, such instances should become the norm rather than an exception. The SC's order should be taken in the right sense. The judiciary and the legislative should come together on this matter and formulate the mechanisms. Once they are setup, it would be less of an issue when such crisis situations hit the country. Liberal fund dispersal should also be kept in mind.

 

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