PIL Filed in SC: Natural Disaster Prone States Have No Disaster Management Mechanism in Place
NEW DELHI, July 20, 2013: The Supreme Court on Monday entertained a PIL which claimed that seven states, where natural calamities have wreaked havoc periodically, have not yet implemented the Disaster Management Act more than eight years after the legislation was put in place to ensure quick reaction and adequate rescue mechanisms.
On the PIL filed by advocate Gaurav Kumar Bansal, a bench of Justices A K Patnaik and M Y Eqbal issued notices to the Centre, Uttarakhand, Tamil Nadu, Odisha, Andhra Pradesh, Gujarat, Rajasthan and Maharashtra. All these states had witnessed natural calamities in the recent past.
Quoting a recent report of the Comptroller and Auditor General (CAG), Bansal pointed to the "lackadaisical" approach of the state governments in setting up disaster response mechanisms under the Disaster Management Act, 2005.
He said the adverse effects of non-implementation of the Disaster Management Act by Uttarakhand were felt by over a lakh pilgrims and villagers who were stranded for days after the recent flash floods. He accused the state governments of endangering lives of citizens by not framing clear guidelines under the legislation.
The petitioner sought a direction to the Centre to "grant adequate and reasonable ex-gratia assistance on account of loss of life, damage to houses and for restoration of means of livelihood to victims of flash floods in Uttarakhand under the Disaster Management Act" and rehabilitate those who were orphaned and widowed.
He also sought a direction to the National Disaster Management Authority to issue necessary guidelines to other states to implement the DM Act in letter and spirit.
The bench also issued notices to the Centre and Uttarakhand on another PIL filed by Swami Achyutanand Tirth and others alleging that presence of rotting bodies in water sources after the recent flash floods had contaminated drinking water, giving rise to a serious apprehension of spread of epidemic.
"In view of the forthcoming 'Kanwar Yatra' season in Uttarakhand, in which last year about 1.95 crore 'Kanwariyas' had visited the state, in the areas of Haridwar, Rishikesh and Gaumukh, there is imminent danger to public health because the state appears unprepared to meet the huge influx of people," the petitioners said and requested the court to direct the state and the Centre to take all possible measures to prevent outbreak of an epidemic.
Source: The Times of India, DT. July 20, 2013.