Interpretation of Disaster Management Laws in Indian Context
Author : Nishant Matto and Deepesh Chand Paswan
Abstract :
This paper analyses the complexities involved in interpreting some of key disaster management laws, thinking about both challenges and opportunities presented by statute law anomalies that are extremely difficult to patch up. This study by elaborating the important provisions contained in Disaster Management Act, 2005 and relevant regulations, specifically discusses the principles on which judicial interpretation are based and analyses the changing scenarios around disasters from legal point of view. They have been evaluating how the judiciary fits in to competing rights, things like public safety vs individual rights, property interests and so on during disasters. It also highlights the difficulties in providing an effective response to new types of threats, such as climate change and pandemics that require flexible/enabling approaches within a framework anchored by disaster management laws.
Keywords :
Disaster management laws in India, Interpretation of laws, Disaster Management Act 2005, Uttarakhand floods 2024, Judicial review, Disaster preparedness, Legal challenges, Policy implications.
