Right to Compensation in Disaster Laws A Case Study of Jammu and Kashmir Floods.

Right to Compensation in Disaster Laws

A Case Study of Jammu and Kashmir Floods

A CITY UNDER FLOODS

Abstract

• The devastating floods in Jammu and Kashmir in September, 2014 marked a watershed in the history of disaster management in India

• Floods exposed the fault lines in the State’s disaster relief and response mechanism and highlighted weaknesses in India’s disaster management strategy

• Worst since 1902: Floods destroyed two-and-a-half lakh homes and made millions homeless

• • Plight of lakhs of flood victims made the Supreme Court to intervene

• Should the existing Disaster Management Law be amended to give victims of natural disasters a legal Right to Compensation?

India a High Disaster-prone Country

• 58.6% of the landmass prone to earthquakes

• Over 40 million hectares (12% of land) prone to floods and river erosion

• Of the 7,516 km long coastline, close to 5,700 km prone to Cyclones and Tsunamis

• 68% of cultivable area vulnerable to drought and hilly areas are at risk from landslides and avalanches

• India is part of Asia Pacific region, world’s most disaster-prone region where 40% of globe’s “natural” catastrophe occurs”

India a High Disaster-prone Country

• 1981-2011: India hit by 431 major disasters resulting in enormous loss of life and property

• Prevention Web statistics: 1,43,039 people were killed and about 150 crore were affected by various disasters in India between 1981 and 2011

• World Bank Study: India lost about 2% of its GDP between 1991 and 2005 due to disasters

Disaster Management Act 2005

• Disaster Management (DM) Act enacted in 2005

• Focus on creating an enabling legislative environment to enhance the degree of preparedness

• For almost six decades, India's disaster response strategy was 'reactive' and 'relief-centric'

• Shift in focus from a 'relief-centric' approach to a more proactive “prevention, mitigation and preparedness-driven” approach in 2005

• Serious questions have been raised about the effectiveness of DM Act especially after the devastating floods in Jammu and Kashmir in September, 2014

Jammu & Kashmir Floods 2014

• Worst Floods Since 1902

• Above normal rainfall in 10 out of 22 districts of Jammu and Kashmir

• Shopian district received 2953% above normal rainfall; Srinagar district received 1410% above normal rainfall

• Absence of any specific early flood warning alert from Met Department

• Official Machinery caught off-guard


• Official figure pegged the loss of human lives at 287

• Impact of deluge felt in 5642 villages: 2469 in Kashmir valley and 3173 in Jammu regions

• 2.54-lakh houses destroyed

• Paddy, Fruit, Maize and Vegetable crops in around 6.51-lakh hectares of cropped area severely affected


• All major hospitals in Srinagar city became dysfunctional

• Fear of epidemic loomed large as dead bodies of animals floated in stagnant flood waters for days after floods hit the Kashmir valley

• I saw many dead bodies of animals floating in the canal adjoining

the Jawahar Nagar locality

• State Government had no wherewithal to deal with the threat it posed to hundreds of families living in open make-shift tents along this canal

• From Secretariat to mobile towers, from power to gas supply

stations: most critical infrastructure laid submerged in water for days

Relief and Rescue Operations

• Biggest relief and rescue operation ever launched in Jammu and Kashmir

• More than 2.9-lakh persons were rescued

• Indian army deployed more than 30,000 troops with 17 choppers and 224 boats

• Indian Air Force deployed 30 transport aircrafts and 53 helicopters to air winch flood victims and drop relief materials in remote areas

• Indian Army and Indian Air Force carried out 3,000 air sorties between 6th Sept and 25th Sept, that is, an average of 150 air sorties per day

Relief and Rescue Operations

AIR WINCHING OF VICTIMS

Fault Lines in Disaster Management Strategy

• Unprecedented floods in Jammu and Kashmir exposed the fault lines in India’s disaster management strategy

• India’s disaster response mechanism proved ineffectual

• Questions about poor implementation of Disaster Management (DM) Act ten years after Parliament ratified it

• Mandatory legal provisions of DM Act not implemented in Jammu and Kashmir, a strategically important and sensitive border state

Fault Lines in Disaster Management Strategy

• Section 23 (4) of the DM Act specifies the role of States in implementing disaster prevention and mitigation measures

• States have a primary role in managing the affairs in a disaster-affected regions/zones

• In worst disaster-affected parts of Srinagar, the mandatory legal provisions had not been seriously implemented

Struggle for Relief and Compensation

• No mechanism to regulate the movement of traffic or public in Bemina and Jawahar Nagar localities, two worst-affected areas of Srinagar

• Large number of flood victims had no access to shelter and clean drinking water

• Thousands of flood victims were forced to live on roadside in open make-shift tents

• No viable epidemic prevention strategy was in place

• flood victims forced to seek medical aid at make-shift medical camps

Warnings Ignored?

• National Institute of Disaster Management (NIDM), India’s premier institute, cautioned Jammu and Kashmir Govt in 2012

• NIDM Report: State is a multi hazard prone region with natural disasters like earthquakes, floods, landslides, snow storms etc

• NIDM Report: Unauthorized and unplanned construction on river banks has disturbed the river ecosystem

• NIDM Report: Disaster Management needs greater attention

• NIDM Report: Areas affected by heavy precipitation and floods expected to increase

Supreme Court Intervention

• “The petitioners…submit that the current rescue operations are too inadequate for such a huge disaster”

• “Calamity and disaster as huge as this deserves a national response”

• “Government of India may consider forming a Unified Agency for proper co-ordination of rescue, relief and rehabilitation operations”

• Apex court constituted a special five-member committee to assess the damage caused by floods

• SC-appointed Committee found loopholes in rescue efforts

Delay in Rescue and Relief

• Irate mob of flood victims pelted stones and attacked security personnel involved in relief work.

• More than 40 boats of National Disaster Relief Force (NDRF) were destroyed as anger rose over late arrival of relief and rescue mission

• Some Indian Air Force choppers involved in relief and rescue operations were pelted with stones

• New Delhi Television (NDTV) crew filmed one such attack; Video showed a group of youth throwing stones at the Air Force chopper

Delay in Rescue and Relief


• DM Act empowers the National Disaster Management Authority (NDMA) and State Disaster Management Authority (SDMA) to formulate and “recommend” guidelines for grant of relief to disaster victims

• Disaster Management agencies at Central and State level have been given ‘discretionary’ powers to ‘recommend’ a relief package for disaster victims

• No Legal Right to Compensation to disaster victims in DM Act

Schemes for Relief Funds

• Schemes for distribution of relief funds based on recommendations of Finance Commissions (FCs)

• FC decides the mechanism for distribution of financial resources between Centre and States

• Allocations to State Disaster Response Fund and National Disaster Response Fund now based on recommendations of 13th Finance Commission

Schemes for Relief Funds

• Funds allocated to disaster-prone states inadequate. Jammu Kashmir Govt was allocated 209.62 crore (Around $US 4-million) for 2014-15

• Special relief and rehabilitation packages are announced by the Central and the State Governments in phases after every disaster

• Six-months after the Jammu and Kashmir floods, the New Govt in the State has announced setting-up of a Cabinet Sub-Committee to address the long-term needs of flood victims.

• Special Committee will assess immediate long- term needs of affected population

A Right to Compensation to Disaster Victims?

• Should the existing Disaster Management Act be amended to give disaster victims a legal right to compensation?

• Should uniform national standards for grant of compensation be codified in the DM Act?

• Disaster Management Law in India doesn’t specify any timeline for the grant of compensation to disaster victims.

• Should there be a fixed timeline for fixing the quantum of compensation to the worst affected disaster victims?

A Right to Compensation to Disaster Victims

• A Rights-based paradigm for grant of compensation to disaster victims

• Definition of Compensation

• Identification of beneficiaries

• Right to reconstruct Dwelling and recreate livelihood opportunities

• A more accountable and transparent system which respects the right of every citizen to seek relief and compensation

Right to Compensation in Disaster Laws A Case Study of Jammu and Kashmir Floods.

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