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Disaster Management Act, 2005 – s.11 – National Plan –COVID-19 – Pandemic – A Public Interest Litigation filed in thewake of COVID-19 pandemic seeking direction to the Union ofIndia to prepare, notify and implement a National Plan u/s. 11 r/w.s.10 of the Act, 2005 to deal with current pandemic (COVID-19) –Petitioner submitted that National Plan uploaded on the website ofNational Disaster Management Authority of the year 2019 doesnot deal with situations arising out of the current pandemic andhas no mention of measures like lockdown, containment zones, socialdistancing etc. – Held: The first National Plan u/s. 11 was framedin the year 2016, which was revised and the National Plan wasprepared and notified in November, 2019 – National Plan andguidelines as contemplated by the statute for Disaster Managementis by its very nature prior to the occurrence of any disaster and asa measure of preparedness – It is not conceivable that a NationalPlan would be framed after the disaster has occurred – A NationalPlan encompasses and contemplate all kinds of disasters – TheBiological and Public health emergencies has already beencontemplated in the National Plan, 2019, which as notified in table1-1 under paragraph 1.13.1 specifically includes epidemics: Viral,Bacterial, Parasitic, Fungal and prior infections – NovelCoronavirus is an epidemic which has become pandemic – Plan-2019 is complemented by several plans, Standard OperatingProcedures (SOPs), manuals, Guidelines at all levels of theGovernment – Further, the National Disaster Management Authorityhad issued guidelines in the year 2008 itself which has been furtherdetailed in Plan-2019 – All aspects of the epidemics, all measuresto contain an epidemic, preparedness, response, mitigation havebeen elaborately dealt in Plan-2019 – The Disaster ManagementAct, 2005 contain ample powers and measures, which can be takenby the National Disaster Management Authority, National ExecutiveCommittee and Central Government to prepare further plans,guidelines and Standard Operating Procedure (SOPs), which inrespect to COVID-19 have done from time to time – ContainmentPlan for COVID-19 was also issued – There are no lack of guidelines,SOPs and Plan to contain COVID-19 — Nodal Ministry has broughton record updated containment plan for large outbreaks of COVID-19 – Guidelines and orders have been issued from time to time toregulate all measures to contain COVID-19 – Thus, there is no meritin the submission of the petitioner that there is no sufficient plan todeal with COVID-19 pandemic – National Plan, 2019 have beenthere in place supplemented by various orders and measures takenby competent authorities under Disaster Management Act, 2005,there is no occasion or need to issue any direction to Union ofIndia to prepare a fresh National Plan for COVID-19.Disaster Management Act, 2005 – s.12 – Guidelines forMinimum Standards of Relief – COVID-19 – Pandemic – A publicinterest litigation filed in wake of COVID-19 pandemic, seekingdirection to the Union of India to lay down minimum standards ofrelief u/s. 12 of the Act, 2005 to be provided to persons affectedwith COVID-19 – The petitioner pleaded that Centre should comeup with detailed guidelines recommending the minimum standardsof relief to be provided in the relief camps in relation to shelter,food, drinking water, medical cover and sanitation, in absence ofwhich, shelter homes and relief camps are susceptible of becominghotbeds for the spread of COVID-19 infection – It was furtherpleaded that the Centre should come up with detailed guidelinesunder s.12(ii) and (iii) of Act, 2005 for widows and orphans andex-gratia assistance to be provided to the kith and kin of thoselosing life because of COVID-19 infections but also as a result ofharsh lockdown restrictions – It was also submitted that there areno guidelines providing for minimum standards of relief for COVID-19 – Held: The respondent has brought on record the guidelineswhich were in existence before declaration of COVID-19 pandemicand it covers all statutory requirement as enumerated in s.12 – Theuniform guidelines are contemplated so that persons affected bydisaster are provided with minimum requirement in the relief campsin respect of shelter, food, drinking water, medical cover andsanitation and other reliefs as contemplated in the section – Therebeing already guidelines for minimum standards in place even beforeCOVID-19, the said guidelines for minimum standards holds goodeven for those who are affected by COVID-19 – Further, Governmentof India has treated COVID-19 as a notified disaster for the purposeof providing assistance under State Disaster Response Fund, normsof assistance for ex-gratia payment to families of deceased personsand other assistance – Therefore, Union of India is not obliged tolay down minimum standard of relief u/s.12 and guidelines issuedu/s.12 providing for minimum standards of relief holds good forpandemic COVID-19 also.Disaster Management Act, 2005 – s. 46 – National DisasterResponse Fund – COVID-19 – Pandemic – Public Interest Litigation– The submissions of the petitioner centre around National DisasterResponse Fund (NDRF) and PM CARES Fund – It was submittedthat the earlier guidelines for administration of NDRF which cameinto force with effect from financial year 2010-11 have beenmodified by new guidelines with effect from financial year2015-16, and now it is not possible for any person or institution tomake contribution to the NDRF and it was further submitted thatdeletion of paragraph 5.5 of earlier guidelines makes it clear thatit is not possible for any person or institution to make anycontribution to NDRF – It was contended that paragraph 5.5 of theearlier guidelines was deleted to benefit the PM CARES Fund –Held: New guidelines contain the same heading, i.e. ‘Contributionto the NDRF’ and guideline 5.2 provides ‘Funds will be creditedinto the NDRF in accordance with the provisions of the s. 46(1)(a)& (b) of the Disaster Management Act, 2005 – The above guideline5.2 specifically referred to s. 46(1)(a) & (b) and s. 46(1)(b) expresslyprovides that any grants that may be made by any person or institutionfor the purpose of disaster management shall be credited to NDRF– Thus, the submission that it is not possible for any person orinstitution to make any contribution to the NDRF is incorrect – So,any contribution, grant of any individual or institution is notprohibited to be credited into the NDRF and it is still open for anyperson or institution to make contribution to the NDRF in terms ofs. 46(1)(b) of the Act, 2005 – Further, the contribution by any personor by any institution in PM CARES Fund is voluntary and it is openfor any person or institution to make contribution to the PM CARESFund.Disaster Management Act, 2005 – s. 46 – COVID-19 –Pandemic – NDRF and PM CARES Fund – Public Interest Litigation– After outbreak of Pandemic COVID-19, need of having a dedicatednational fund with objective of dealing with any kind of emergencyor distress situation, like posed by the COVID-19 pandemic, a fundwas created, namely, PM CARES Fund – It was contended that allthe contributions/ grants from individuals/institutions to be creditedin NDRF and not to PM CARES Fund and all the funds collected inPM CARES Fund till date should be directed to be transferred toNDRF – Held: As per the new guidelines, 2015-16 expenditure fromNDRF is meant to assist a State to provide immediate relief in thosecases of severe calamity, where the expenditure required is in excessof the balance in the State’s SDRMF – The Centre has released firstintalment of Rs.11,092/- crores out of 22,184/- crores which wasthe Central share of SDRMF and there is nothing on record thatany State has exceeded the expenditure in excess of the balance inthe State’s SDMRF, there is no occasion of asking more fund by theState from NDRF – Whereas, the PM CARES Fund has beenconstituted as a public charitable trust in the year 2020 – Underthe guidelines which were in existence with effect from financialyear 2015-16, neither NDRF nor SDRMF covered the bioligicaland public health emergencies – No contribution by any person orinstitution in the NDRF could have been made prior to the notificationdated 14.03.2002, which notified COVID-19 as disaster – Theoutbreak of COVID-19 required immediate enhancement in theinfrastructure of medical health and creation of fund to containCOVID-19 – PM CARES Fund was constituted to have necessaryfinancial resources to meet the emergent situation – The NDRF andPM CARES Fund are two entirely different funds with different objectand purpose – The funds collected in the PM CARES are funds of apublic charitable trust and there is no occasion for issuing anydirection to transfer the said funds to the NDRF. |
