The National Disaster Management Act (NDMA) 2005, enacted by the United Progressive Alliance (UPA) government, is a good law but the Narendra Modi government is not following it in its entirety, former Law Minister Kapil Sibal said on Wednesday.
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Denying it to be a badly drafted law, Mr. Sibal, in an exclusive interview with The Hindu, said, “In fact, my opinion is just the opposite. I have referred to the statutory provisions of the National Disaster Management Act, 2005, in terms of which the National Disaster Management Authority (NDMA), chaired by the Prime Minister along with nine nominated members is to approve a National Plan to deal with a national disaster.”
Several Opposition parties, including the Congress, in the past, have accused the Centre of ‘taking over most administrative power and disempowering States’ using the Disaster Management Act.
Minimum standards
“The NDMA is charged (Section12) with the responsibility of issuing guidelines prescribing minimum standards of relief to persons affected by the disaster including minimum requirements to be provided in relief camps in relation to shelter, food, drinking water, medical cover and sanitation. Special provisions are to be made for widows and orphans along with ex gratia assistance on account of loss of life and for restoration of means of livelihood. Unfortunately, the NDMA has washed its hands of these obligations... In fact, this good law has been followed more in its breach than in compliance thereof,” Mr. Sibal added.
Migrants’ issue
Asked if the Supreme Court should have intervened earlier on the migrant workers’ issue, he said, “It is for the court to then apply its mind and decide whether or not to proceed further. The decision not to interfere earlier and to have accepted the Solicitor General’s statement that there were no migrants on the road is certainly a decision that is open to criticism. There is nothing untoward in such criticism. People do have the right to criticise the court for it not to have addressed the issue earlier.”
On the issue of institutions, including the Supreme Court, coming under attack from social media platforms — an issue highlighted by Supreme Court judge Justice Sanjay Kishan Kaul — that can lead to erosion of faith, the former Law Minister said social media was not the only factor.
“There are many things that have happened within the court in the recent past that have contributed to this, which is why retired judges of the court have expressed their misgivings about the functioning of the court. The fact that in January, 2019, four distinguished judges at a press conference expressed concerns about the functioning of the court and the threat to democracy, had nothing to do with the social media. The fact that an ex-Chief Justice presided over a Bench on a Saturday in respect of allegations concerning him, had nothing to do with the social media. It is time for the institution to introspect and not blame only those beyond court precincts,” Mr. Sibal said.
“It is, however, true that unregulated platforms in the social media can do a lot of damage not just to institutions, but also to individuals and others, depending on who funds the trolling army on social media platforms. It is time for courts to redefine freedom of speech in the context of platforms which allow for, free for all, onslaughts,” he added.