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LATEST NEWS UPDATES | SC erred in disaster relief order? -Dhananjay Mahapatra

SC erred in disaster relief order? -Dhananjay Mahapatra

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published Published on May 26, 2016   modified Modified on May 26, 2016
-The Times of India

NEW DELHI: In its over-zealousness to protect the lives of citizens reeling under severe drought in several states, the Supreme Court has erred in directing the Centre to set up a National Disaster Mitigation Fund (NDMF) under a non-operational statutory provision, which had riled the government.

Led by finance minister Arun Jaitley, the government had accused the judiciary of wanton interference in the executive's exclusive domain of earmarking funds for various purposes under the budgetary exercise.

The SC on May 11 had quoted Section 47 of the Disaster Management Act, which provides for setting up of NDMF for projects exclusively for the purpose of mitigation- measures aimed at reducing the risk of disaster.

Slamming the government, the SC had said, "Although the DM Act has been in force for more than 10 years, the NDMF has not yet been constituted. Therefore, there is no provision for mitigation of a disaster." It said since the Centre had not set up NDMF, it was unlikely that states or district administrations would have set up disaster mitigation funds.

"As mandated by Section 47 of the DM Act, 2005, a National Disaster Mitigation Fund is required to be established. Unfortunately, no such fund has been constituted till date. Accordingly, we direct the Union of India to establish a National Disaster Mitigation Fund within three months," the bench said and set August 10 as the deadline to set up NDMF.

While the anxiety to come to the rescue of those affected by droughts was reflected in the judgment of Justices Madan B Lokur and NV Ramana, the bench missed the fact that Section 47 of the DM Act was not yet notified. None of the counsel -neither additional solicitor general PS Narasimha nor the advocates appearing for states -drew the court's attention to the fact that Section 47 mandating setting up of NDMF was not notified by the government and, hence, remained non-operative.

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The Times of India, 26 May, 2016, http://timesofindia.indiatimes.com/india/SC-erred-in-disaster-relief-order/articleshow/52442722.cms


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