ABSTRACT
This chapter addresses legal enforcement of policy implementation towards mitigation and highlights Indian experience and the manner in which the legislative structures formulate laws. Quoting Roscoe Pound’s ‘Sociological Engineering Theory’, the chapter considers law as a tool that overcomes problems in the society. However, what matters is the genuine construction of law that addresses social vulnerability and accommodates all sections of the society to ensure social resilience. This chapter undertakes a critical overview of the post-tsunami legislation such as the Disaster Management Act, 2005, in India to assess if it has actually achieved the fundamental rights of the victims of disaster as cherished in the Indian Constitution. The chapter primarily addresses the loopholes and suggests measures to strengthen the law.
