Covid 19- Necessary Reflections on Disaster Management Act, 2005

Abstract

The Disaster Management Act, 2005[1] (“the DM Act") was enacted in the year 2005, in the aftermath of the Tsunami disaster which occurred on 26" December, 2004. It was enacted under Entry 23 of the Concurrent List, Seventh Schedule to the Constitution “Social Security and social insurance; employment and unemployment”. The rationale for enacting this law under the Concurrent List was that, if the States so desire, they can enact their own laws to meet their respective micro-level requirements. Few State Governments have enacted their own laws, in addition to the national law. Though the DM Act was enacted in 2005, the States were painfully slow in framing rules and draft State plans. It took Supreme Court cases like