ABSTRACT

The geographical location of India makes it a disaster prone country and over a period of time these disasters have caused immense loss of life, property and environment. Natural hazards do happen and we may not be able to stop them from happening but an appropriate legal framework and its implementation in letter and spirit can determine the extent of death and destruction caused by it. There are many laws for ensuring safety of life and property in India but it is The Disaster Management Act, 2005 which provides for a comprehensive legal and institutional framework for disaster management in a holistic manner in India. To minimize loss of life and property disaster management is imperative. It needs to cover and be operative in all phases i.e. pre-disaster phase, during disaster and post disaster. Moreover, India has signed the declaration on the 2030 Agenda for Sustainable Development which comprised of seventeen Sustainable Development Goals at the Sustainable Development Summit of the United Nations in September 2015. The SDGs focus on five Ps i.e. people, planet, prosperity, peace and partnership. Ten of the seventeen SDGs relate to disaster risk reduction and form the core of any development strategy. Laws need to be framed and implemented to realize the SDGs. This paper is an attempt to critically understand the role that law, especially the Disaster Management Act, 2005 is playing to manage disasters in India. A sincere attempt has been made to suggest the way forward after weighing the merits and demerits of the current laws and their implementation.