Invocation of DM Act 2005 in the management of COVID-19 for the first time in India

1.    Background:

COVID-19 is having an unprecedented impact on all countries, both in terms of prompting the scaling of public health preparedness and response and protection of vulnerable populations, and in terms of requiring mitigation of broader social and economic impacts.

While all countries need to respond to COVID-19, those with existing humanitarian crises are particularly vulnerable, and less equipped and able to do so. Humanitarian needs may also occur in other countries as a result of excessive pressure on health systems and the overall delivery of essential services, as well as secondary effects on employment, the economy and mobility, the rule of law, protection of human rights, and possible social discontent and unrest.

COVID-19 is threatening the whole of humanity – and the whole of humanity must fight back. Global action and solidarity are crucial. The world is only as strong as the weakest health system.

Globally, as of 1:08pm CEST, 27 September 2020, there have been 32,730,945 confirmed cases of COVID-19, including 991,224 deaths, reported to WHO. After the first confirmed positive case was reported on January 30 in Kerala in India, the pandemic has reached to 59,92,532 confirmed cases including 94,503 deaths as on the above date.[1]

2.    Covid-19 and its implications in India:

Mentioning it as a phase of ‘Very Serious crisis’, Prime Minister of India, Mr. Narendra Modi called for ‘resolve and restraint’ to fight the COVID- 19 pandemic. During his address to the nation on March 19, 2020, the Prime Minister requested all citizens of India to combat the crisis in a unified manner, given the COVID- 19 pandemic is far more devastating than the World Wars!

In spite of all positive wills and intentions, there are some very crucial aspects that actually makes it further challenging for India to combat the spread of CONVID 19:

2.1. Lack of access to continued supply of water for handwashing: Given the fact that quite a limited percentage of Indian population has access to continued water for handwashing, the preventive action of handwashing regularly is a big challenge. The situation is much worse in urban slum and areas populated by marginalized, poor, Dalit and excluded communities.

2.2. Lack of access to preventive materials, equipment like soap, sanitizer etc.: Once the access to finance for meeting the daily needs are getting scarcer for the people, ensuring the supply of materials is another challenge, more specifically for people from lower income level.

2.3. Lack of financial support to maintain ‘Social Distancing’ without compromising basic minimum requirements of living: As already mentioned by the Prime Minister of India, staying home is a very effective strategy for preventing the spread of COVID 19. Given the fact that only 23% of Indian population is engaged in organized sector, where ‘Working from Home’ could be a viable option. For the majority of the people from business or unorganized sector, managing the resources for sustenance is a key challenge. A large chunk of people, mostly from the poor, dalits and other excluded communities, enabling financial support to follow the preventive practices are very limited.

3.    Response from Government of India to prevent the spread of COVID-19

Taking rapid actions to limit travel by suspending visas and quarantining all incoming travellers has helped. All international passengers entering India undergo Universal Health Screening.

The Prime Minister's Office, Group of Ministers, Ministry of Health & Family Welfare (MoHFW) and Cabinet Secretary are closely monitoring the COVID-19 situation. The government has invoked powers under The Epidemic Diseases Act, 1897 to enhance preparedness and containment of the virus. With COVID-19 being declared a notified disaster, the State Disaster Response Fund, constituted under Section 48 (1) (a) of the Disaster Management Act, 2005, is now available with state governments for response measures.

4.    Invocation of DM Act 2005 in the management of COVID-19:

In 2005, the Disaster Management Act (DMA) was enacted by the Parliament. The Act provided for the establishment of a National Authority at the Centre and for State Authorities for each State and UTs for the effective management of disasters. This much applauded law has so far has been used for localised disasters like floods (Uttarkhand 2013), cyclones (Odisha 2019), earthquakes etc., For the first time this law has been pressed into service on a pan India basis. It is also the first time it has been invoked to address a public health crisis; the pandemic of Covid-19.

On 24th March 2020, the National Disaster Management Authority directed all Ministries/ Departments of the Central Govt., State Governments, UT Authorities to take measures to ensure social distancing for a period of 21 days. The idea was to prevent the spread of COVID-19. Necessary guidelines were subsequently issued by the DMA – National Executive Committee on 24th March, 2020 itself, followed by Addendums, dated 25th March 2020 and 27th March, 2020.

These Guidelines (and Addendums) prescribe closure of certain establishments and institutions, places of worship etc. in order to avoid crowding and to ensure social distancing. Simultaneously they seek to ensure unhindered access to essential services like ration shops, pharmacies, health services, banking services, telecommunications, petrol pumps, manufacturing of essential commodities and unhindered supply of food, medical equipment etc.

First responders /government officials while dealing with suspected patients are not adequately equipped with Personal Protective Kits (PPK), essential to the handling, evacuation and isolation of the infected. Makeshift masks and rain coats cannot be enough. Even getting online curfew passes often requires an invisible hand to push the request through. The failure to contain mass exodus of migrant labour, and failure to ensure State borders do not hinder entry of essential services and supplies, or denial of personal protection kits for healthcare workers, or congregation of large numbers at religious or other places of congregation, invite criminal prosecution under DMA and other laws sanctions. Even against government officials are liable to be prosecuted for such breaches.

5.    Analysis and observations on the DM Act 2005 implementation in COVID-19 response management:

The unique challenge with COVID-19 is that it does not fit into natural disaster and neither into the category of man-made disasters.

The DM Act 2005 has its own limitations as it focuses on the response measures mainly on evacuation, relief and post disaster analysis. In a tradition disaster such as flood, cyclone, landslides, earthquake etc., the National and State Disaster Response Forces (NDRF and SDRF) play a critical role, whereas, in the current crisis of COVID-19, the public health machinery and the health professionals became the frontiers of response.

The National Disaster Management Plan of 2019 also does not envisage appropriately and does not comprehensively deal with present-day situations, arising out of the current pandemic. It does not have mention of measures like lockdown, containment zones, social distancing etc. in it. The National Disaster Management Plan of 2019’s part on ‘Biological and Public Health Emergencies’ does not mention any of the measures that are being taken today. Therefore, unduly harsh disruptions are being caused in enforcing the same.

The Task Force set up in 2013 identified lapses in ground level response and implementation. It also highlighted need for more attention on disaster mitigation. The Task Force also highlighted that the DM Act is not adequate to handle such situations of pandemic. Moreover, the present structure also does not provide a conducive environment for various authorities to perform response and management actions of a pandemic.

It is also to be noted that the COVID-19 crisis is not a usual crisis, it does not fit well in the rapid onset or slow onset disaster, and its impact and presence is also going to be ongoing for a longer duration.

The provisions of the DM Act provide extensive power to the centre through NDMA headed by Prime Minister. Actual implementation and COVID-19 response are done by the states and district authorities, and mostly through the provisions of Epidemic Disease Act, 1897. States like Kerala enacted ordinance, Tamil Nadu invoked the Public Health Act, 1939 which shows variability in approaches.

There is also a lack of grievance mechanism.

6.    Legislation related to COVID-19 in other countries:

Countries such as UK and Singapore have legislated COVID-19 specific laws to address idiosyncratic struggles (Corona Virus Act of 2020, UK Parliament).

Institution of separate funds to take care of the expenditure other than NDRF and SDRF (balanced allocation, since, natural disasters are also becoming a new normal (e.g. super cyclones in Arabian sea).

7.    Ways forward and recommendations:

The situation is often further compounded by local level conflicts between different departments of the same State which end up hampering relief measures. It is time to set aside political differences and egos to make the disaster management policy work. These internecine differences are the last thing on the minds of citizens who are struggling to cope with the personal and psychological impact of this unprecedented pandemic crisis of COVID-19. At a time when co-operative federalism is essential, our administration and leadership, at every level, cannot, and ought not to fail its citizens.

Extraordinary times require extraordinary measures. The biological and health disaster management frameworks in the current DM Act are insufficient. It is important that a dedicated legislation is drawn to handle such nationwide disaster situation where centre, state and local authorities have adequate powers and financial banking. A relevant act will be the need of the hour with greater powers for the local bodies (ULBs and RLBs) to tackle the crisis. Training and capacity building measures are crucial for all stakeholders for their preparedness and thus an effective response in future.

There is a need for decentralization of authority to appropriate officers/heads so they can take appropriate actions for management of pandemics and such situations.

[1] https://covid19.who.int/

FYI, this article is first published in the e-magazine "Know Disasters" in August-September 2020 issue. The views in the article are my personal reflections and does not represent views of any organization, institution or authority. I am happy to share & exchange ideas, and respect difference of perspectives/opinion if any. Please feel free to challenge, and offer your ideas, opinions.

With regards,

Raman.