This episode is the first episode of the Show providing a brief description about the Show, details of the hosts and in the later part, a brief analysis of the Disaster Management, 2005, of India has been done in light of the fact that the same has been invoked recently in India due to the ongoing COVID-19 Pandemic.
At the outset, it is apologized that the notes of this episode are not as comprehensive as it should be. However, further episodes shall have detailed episode notes.
Introduction of Contributors
Suyash Verma is a Lawyer and a Freelance writer. He completed B.B.A. LL.B. (Constitutional Law Honours) from National Law University, Jodhpur in 2012 and LL.M. in International Trade Law from National Law University, Jodhpur in 2015. Presently, he is practising as an Advocate in the High Court of Madhya Pradesh at Jabalpur. He has a keen interest in Constitutional Law, International Trade Law and Jurisprudence. His other interests include On-line Gaming and reading.
Saurabh Kumar is an Advocate Practicing Law since July 2010. He is LL.M. (Trade & Investment Laws) & B.B.A. LL.B. (Honors in Trade Related Laws and WTO) from National Law University, Jodhpur. He is also pursuing his Doctoral Studies in the Laws of Outer Space, apart from advocacy. He holds Observer status at The Hague International Space Resources Governance Working Group, Universitiet Leiden. Whatever spare time he gets, he devotes it to blogging and reading about Law.
Important Provisions of Disaster Management Act, 2005
Definition of Disaster – S. 2 (d)
It sets up various authorities at four levels.
1. National Authority (NDMA) [S.2(j) & S.3]
2. State Authority [S.2(q) & S.14]
3. District Authority [S.2(f) and S. 31]
4. Local Authorities [S.2(h)]
Powers and functions are defined under S. 6.
In case of a disaster, it was the intention of the Parliament of India that the Disaster Management Act, 2005 may occupy the field at once. It is extremely exhaustive and contains detailed provisions and mandatory guidelines for governments at all levels to be followed.
The scheme of the Act makes it amply clear that there is no need to adopt a scattered approach by any of the governments or authorities and all they need to do is peruse and follow this Act to letter in letter and spirit.