Disaster Act provisions lifted after 2 yrs of Covid | Latest News India - Hindustan Times
close_game
close_game

Disaster Act provisions lifted after 2 yrs of Covid

ByNeeraj Chauhan, New Delhi:
Mar 24, 2022 12:05 AM IST

The ministry of home affairs invoked sections of the Disaster Management Act, 2005 (DM Act) on March 24, 2020 to issue orders related to the pandemic—a procedure that was crucial since it gave Centre legal power to do so across federal lines.

The Union government will no longer treat Covid-19 as a disaster under the Disaster Management Act and will discontinue the practice of issuing order to states on containment measures, India’s home secretary said in a letter to the states on Tuesday, but added that some measures such as wearing face masks will continue.

This was the first time that the law, drafted in the wake of 2004 Tsunami which hit India’s eastern coast and killed about 10,000 people, was used in the country.
This was the first time that the law, drafted in the wake of 2004 Tsunami which hit India’s eastern coast and killed about 10,000 people, was used in the country.

The ministry of home affairs invoked sections of the Disaster Management Act, 2005 (DM Act) on March 24, 2020 to issue orders related to the pandemic—a procedure that was crucial since it gave Centre legal power to do so across federal lines. The first national lockdown was announced by Prime Minister Narendra Modi on the same day.

Hindustan Times - your fastest source for breaking news! Read now.

Later on Wednesday, the health ministry send a separate letter to states, advising them to keep a close watch on case trajectories and review containment and preparedness measures if the test positivity rate breaches 10% or the number of hospital or ICU beds occupied exceeds 40% of capacity.

This was the first time that the law, drafted in the wake of 2004 Tsunami which hit India’s eastern coast and killed about 10,000 people, was used in the country. Among other things, it empowers the National Disaster Management Authority (NDMA) to prepare national plans for disaster management and ensure their implementation through state disaster management authorities. States and UTs are bound to follow the Union home ministry’s orders under the law.

The federal ex gratia payments to next of kin of those who died due to Covid-related complications are also being given under the provisions of the DM Act and disaster management funds were used for pandemic-related spends.

A home ministry official, who asked not to be named, said the invoking of the DM Act allowed the Centre to issue nationwide orders and gave both central and state governments powers to enforce punishment when people violated Covid-related rules.

“The DM Act was invoked at the beginning of the pandemic to implement a national policy and to ensure the compliance of directions issued by the central government for disaster management at the state level. Section 38 of the Act says state governments shall take all measures specified in the guidelines laid down by the national authority, while under Section 51, national or state authorities have powers to take action against anyone refusing to comply .”

“With the revocation of DM act for Covid-19 management, states are now free to make their own guidelines based on ground situation without any mandatory provision,” this person added.

In a communication to states and Union territories (UTs) on Tuesday, Union home secretary Ajay Bhalla said the ministry will no longer issue guidelines or orders from next month but health and family welfare ministry’s advisories on Covid-19 containment measures, including the use of face masks and hand hygiene, will continue to guide the overall national response to the pandemic.

The last Covid-19 advisory was last issued on February 25, asking states to follow a risk-based approach for the reopening of economic activities. It will expire on March 31, marking a milestone for the country in the fight against the coronavirus disease.

Bhalla sought prompt and proactive action as advised by the health ministry wherever any surge in the cases is observed. The moves comes at a time when new Covid-19 cases are at their lowest since late April 2020.

A Union health ministry official, who asked not to be named, said the advisory to keep wearing face coverings will be followed till the World Health Organization formally declares the pandemic to be over. “Covid-appropriate behaviour, especially wearing of mask, will have to continue till WHO declares that the pandemic is over.”

In a separate letter, Union health secretary Rajesh Bhushan told states to set two thresholds—10% test positivity rate and 40% oxygen or ICU bed occupancy—and use them as yardsticks to tweak Covid-19 related rules. “States need to watch the trajectory of cases to ensure that areas reporting positivity rate above 10% and hospital bed occupancy more than 40% should undertake required enforcement, containment and restriction measures,” Bhushan said in the letter.

Studies on viral dynamics have shown that face masks are among the most effective tools to minimise the spread of the virus from an infected person. The Sars-CoV-2 virus, which causes Covid-19, spreads mainly via airborne droplets that are spread when an infected exhales, talks or coughs. Mandatory, universal mask policies also minimise the risk of people accidentally infecting others since people often are highly contagious before they develop any symptoms.

Bhalla said orders and guidelines under the act for Covid-19 containment have been issued since March 24, 2020. He added the Centre has taken proactive measures to deal with the unprecedented global crisis in coordination with the state governments and UT administrations.

“...over the last 24 months, significant capabilities have been developed for various aspects of management of the pandemic, such as diagnostics, surveillance, contact tracing, treatment and vaccination, hospital infrastructure, and the general public has a much higher level of awareness on the Covid-19 appropriate behaviour.” He lauded the states and UTs for developing capacities and systems and implementing their specific plans for managing the pandemic.

Bhalla said there has been a steep decline in the number of cases over the past seven weeks or so. He added the total caseload is now 23,913 and the daily positivity rate has declined to 0.28%. Bhalla said 1.8 billion vaccine doses have been administered. “After taking into consideration overall improvement in the situation and preparedness of the government to deal with the pandemic, NDMA has taken a decision that there may not be any further need to invoke the provisions of the DM Act for Covid-19 containment measures.”

“Lifting the DMA as the response management channel for Covid response is appropriate at this stage of the pandemic in India, when the threat has diminished greatly. This gives the Health Ministries at the Centre and States a greater role and reduces the responsibility of the home ministry. However, some elements of Covid appropriate behaviour need to continue till we are confident that a new variant will not pose a serious challenge. This decision suggests a fine balance of confidence and prudence as the pandemic is at a low ebb in India but still causing waves in other parts of the world,” said K Srinath Reddy, senior public health expert and founder, Public Health Foundation of India.

(With inputs from Rhythma Kaul)

Unveiling Elections 2024: The Big Picture', a fresh segment in HT's talk show 'The Interview with Kumkum Chadha', where leaders across the political spectrum discuss the upcoming general elections. Watch now!

Get Current Updates on India News, Election 2024, Arvind Kejriwal News Live, Bihar Board 10th Result 2024 Live along with Latest News and Top Headlines from India and around the world.
SHARE THIS ARTICLE ON
Share this article
SHARE
Story Saved
Live Score
OPEN APP
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Friday, March 29, 2024
Start 14 Days Free Trial Subscribe Now
Follow Us On