The Central Government’s Support to a State After a Disaster is Discretionary

Newsreel Asia Insight #300
August 4, 2024

Following the devastating landslides in Chooralmala and Mundakkai areas of Kerala, which have claimed over 358 lives with more than 250 people still missing, as of August 4, opposition parties are pressing the central government to recognise the catastrophe as a national disaster. The state government has already designated the area as a disaster zone, but calls for national recognition continue as they seek access to additional relief funds.

The severity of the landslides of July 30, 2024 has plunged Kerala into deep mourning, and officials fear the death toll may rise as search and rescue efforts continue. Despite the staggering loss of life and property, the central government has not granted the requested national disaster status. 

On August 2, the Kerala government issued an order declaring the Meppadi Panchayat area, which includes the villages of Kottapadi, Vellarmala and Thrikkaipetta in the Vythiri Taluk of Wayanad, as “disaster affected,” as reported by Deccan Herald. A formal gazette notification is set to follow.

Kerala Revenue Minister K. Rajan said the state disaster status would enable higher compensations from the Chief Minister’s Disaster Relief Fund.

The national disaster status includes the establishment of a relief fund where the central government contributes about 75% of the corpus, to help in rehabilitation and reconstruction efforts. However, clarity on the criteria for national disaster status remains elusive.

There is no specific legal provision or framework under the current laws that formally defines the criteria for declaring a situation as a “national disaster.” The term “national disaster” itself isn’t explicitly recognised in any legal documents pertaining to disaster management.

The Disaster Management Act of 2005 provides a framework for the management of disasters, including the preparation of disaster management plans by state authorities and the central government, and the establishment of funds for mitigation and relief. However, the decision to provide financial assistance and other forms of support from the central government to a state after a disaster is largely discretionary.

The National Disaster Management Authority (NDMA), chaired by the Prime Minister, is the apex body responsible for laying down policies, plans and guidelines for disaster management and ensuring timely and effective response.

In the Rajya Sabha, John Brittas of the Communist Party of India (Marxist) drew attention to the disproportionate impact of landslides on Kerala in recent years, according to Hindustan Times. Over the last seven years, about 60% of all landslides in the country have occurred in Kerala, he said, adding that this is a national concern that requires immediate and substantial response from the central government.

Over 1,300 rescuers are deployed in the affected areas, using heavy machinery and sophisticated equipment to navigate the challenging terrain littered with boulders and logs. The Indian Army, Kerala Police and various emergency service units are working, supported by private rescue organisations and volunteers.

Siddaramaiah, the chief minister of the neighbouring Karnataka state, has announced the construction of 100 houses for those displaced by the landslides in Wayanad, according to media reports.

The India Meteorological Department has issued warnings of continued heavy rainfall in Wayanad until August 6, compounding the challenges faced by the rescue and recovery teams.

The landslides, triggered by unprecedented rainfall, reflect the increasing vulnerability of the Western Ghats region to such extreme weather events, aggravated by environmental degradation and deforestation.