COVID-19 Outbreak: The Disaster Management Act, 2005 explained

21 Days Lockdown

Prime minister Mr. Narendra Modi on 22 March 2020 announced to prevent the spread of Novel Corona-virus by invoking the Disaster management Act 2005.

Disaster means a sudden accident or a natural catastrophe that causes great damage or loss of Human life.

The Government has included the Covid-19 outbreak as “Disaster” as a “critical condition or pandemic situation”.

Disaster Management Act (DMA) or Epidemic Disease Act

The Disaster Management Act gives the power to Government to take decisions, actions and imposes restrictions on people to manage a disaster.

Disaster management law empowers the govt. to makes plans for mitigation to reduce risks, impacts, and effects of the disaster on the nation. It provides power to the govt. to act against anyone who does not follow government orders rules and regulations.

Government Power Under Disaster Management Law

  • The Governments declared COVID-19 Novel Corona-virus under the Epidemic Disease Act. It was to prevent the spread of a COVID-19 disease.
  • The government gives power to health officials and law enforcement agencies, which are now implementing complete lockdown.
  • The Disaster law provides all powers to the state to deal with any disaster including biological.
  • The Authority can act action against any Govt. official or director of a company for defying the order.
  • The DMA law provides for detaining any person without warrant and a jail term of 1 year for 1st offenses.
  • It also provides for National and state-level mitigation plans with a clear and managed chain of rules.
  • It gives power to the local authorities to act swiftly in line with the national plan and state plan to control the impacts of the disaster.

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National disaster management Act Comes Under Section 6 and 10

Under the section six and ten of the law, Mr. Narendra Modi declares that COVID-19 is a National disaster so that the country has uniform lockdown.

It is easier to implement in which services are allowed or which are not.

The provisions of the law state that the Official can fine person or imprison them for violating rules and regulations.

National Disaster management chairperson Narendra Modi

  • The Law Authorizes the NDMA’s Chairman, The Prime Minister, to take decisions to deal with the Pandemic  COVID-19. It Includes deciding the relief for victims and special measures for the needy.
  • The state chief minister may also invoke special powers under the law for dealing with novel Corona-virus.
  • Disaster law clearly defines the power of the central govt. state and districts.
  • It does not allow using other laws such as the Indian Penal Code and Code of Criminal Procedures.

Penalties Under the Disaster Management law

The Jail prescribed is 1 year for 1st offense and 2 years for the 2nd.

The Official informs nodal officers, District magistrates in these offenses, can summon anyone to perform duties for disaster mitigation and relief.

The department head could be responsible for any dereliction of duty.

The complaint made only to the chairperson of national, state and disaster management.

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Last Updated: July 7,2020 12:00:28 AM

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