how disaster management act help in pandemic
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This article analyses the legal basis of application of the Disaster Management Act to deal with the pandemic by the Central Government. The Disaster Management Act had been enacted using the residuary power of the Union legislature. So, its application to deal with the pandemic gives rise to certain legal issues. Read to know more about such issues.
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Explanation:
Disasters in India have essentially stemmed from natural hazards such as cyclones or floods as the country is situated centrally in the Indian Ocean region-often referred to as the ‘World Hazard Belt’. Now at the outbreak of the novel Corona Virus Disease (COVID 19) across the globe, it is for the first time that a pandemic has been recognised as a ‘notified disaster’ in the country by the Ministry of Home Affairs, Government of India. Subsequently the Disaster Management (DM) Act has also been invoked for the first time in India to effectively manage this crisis. As authorities try hard to keep the mounting panic in the country under control, the return of this Act into the limelight has drawn attention particularly to one of its many sections that had hitherto remained relatively overlooked since the Act was passed in 2005.
This is Chapter 10 of the Act on ‘Offences and Penalties’ which from Article 51 to 58 enlists activities that would be deemed as criminal offences in the event of a disaster. Off these, Article 52 which guarantees imprisonment for almost two years and a fine on any person making false claims to gain relief benefits and Article 54 which enforces imprisonment of one year or a fine on anyone circulating false alarms about the severity of a disaster have gained importance in the context of COVID 19. This is because since the last one and a half months, news and updates about this new disease has flooded the various social media platforms which lacks any mechanism to check the credibility of the news.