JUDGES RECUSE
1. Context
Last week former Supreme Court judge Justice M.R. Shah refused to recuse himself from hearing a plea by former Indian Police Service (IPS) officer Sanjiv Bhatt to submit additional evidence to back his Gujarat High Court appeal against his conviction in a 1990 custodial death case.
2. What is Judicial Recusal?
- Whenever there is a potential conflict of interest, a judge can withdraw from a case to prevent the perception that the judge was biased while deciding a case.
- This conflict of interest can arise in many ways from holding shares in a litigant company to having a prior or personal association with a party.
- Another common reason is when an appeal is filed in the Supreme Court against a High Court judgment delivered by the concerned judge before his elevation.
- The practice stems from the cardinal principle of due process of law nemo judex in sua causa, that is, no person shall be a judge in his own case.
- Another principle guiding judicial recusals is ‘justice must not only be done but must also be seen to be done’ propounded in 1924 in Rex v. Sussex Justices by the then Lord Chief Justice of England.
- By taking the oath of office, judges promise to perform their duties, ‘without fear or favor, affection or illwill’, in accordance with the Third Schedule of the Constitution.
- Furthermore, the Restatement of the Values of Judicial Life adopted by the Supreme Court forbids a judge from deciding a case involving any entity where he holds pecuniary interest unless the concerned parties clarify that they have no objections.
3. What is the Procedure for Recusal?
- There are two kinds of recusals an automatic recusal where a judge himself withdraws from the case, or when a party raises a plea for recusal highlighting the possibility of bias or personal interest of the judge in the case.
- The decision to recuse rests solely on the conscience and discretion of the judge and no party can compel a judge to withdraw from a case.
- While judges have recused themselves even if they do not see a conflict but only because such apprehension was cast, there are also several instances where judges have refused to withdraw from a case.
- In 2019, while hearing a plea on the plight of inmates in Assam’s detention centers, the then CJI Ranjan Gogoi was asked to recuse himself for some adverse oral remarks.
- Mr. Gogoi refused, saying that the plea had ‘enormous potential to damage the institution’. If a judge recuses himself, the case is listed before the Chief Justice for allotment to an alternate Bench.
- India has no codified rules governing recusals, although several Supreme Court judgments have dealt with the issue.
4. Do judges have to record a reason for recusal?
- Since there are no statutory rules governing the process, it is often left to the judges themselves to record reasons for recusals. Some judges specify oral reasons in open court while others issue a written order recording the reasons.
- In other cases, the reasons are speculative. More often than not, the reasons behind a recusal are not disclosed leading to a diatribe against judicial transparency especially when mass recusals occur in sensitive cases.
- For instance, last year, five judges of the Bombay High Court recused themselves from the Bhima Koregaon case.
- Similarly, the recusal of Supreme Court judge Justice Bela M. Trivedi earlier this year from hearing Bilkis Bano’s plea led to widespread speculation since no reasons were specified.
- The recusal was largely attributed to Justice Trivedi’s deputation as Law Secretary to the Gujarat government from 2004 to 2006.
- The Delhi High Court recently ruled that no litigant or third party has any right to intervene, comment or enquire regarding a judge’s recusal from a case.
5. What are the rules governing judicial recusal in India?
- No codified rules governing recusals - Several Supreme Court judgments have dealt with the issue in India.
- Supreme Court - Over time outlined various factors to be considered for deciding a judge's impartiality.
- Ranjit Thakur v. Union of India (1987) - SC held that it is important for the judge to be honest in the eyes of the concerned party rather than himself.
- State of West Bengal v. Shivananda Pathak (1998) - Defined that it is a condition of mind which renders the judge incapable of impartiality in a particular case, the Court explained.
- Supreme Court Advocates-on-Record Association v. Union of India (2015) - The court observed that where a judge has a pecuniary interest, no further inquiry is needed as to whether there was a ‘real danger’ or ‘reasonable suspicion’ of bias.
- Indore Development Authority v. Manoharlal and Ors (2019) - The court held that a judge who had rendered any decision in a smaller combination is not disqualified from being part of a larger Bench to which a reference is made.
6. What is the judicial recuse practice in foreign nations?
United States
- The Code of Conduct for United States Judges defines judicial recusal.
- The Code of Conduct provides that a judge must recuse themselves if they have a financial interest in the outcome of the case, or if they have a close personal relationship with one of the parties.
- The Code of Conduct also provides that a judge must recuse themselves if there is a reasonable apprehension of bias.
United Kingdom
- The Judicial Conduct and Investigations Office (JCIO) is responsible for investigating allegations of judicial misconduct.
- JCIO has published guidance on judicial recusal, which sets out the principles that judges should follow when considering whether or not to recuse themselves.
Canada
- Canadian Judicial Council (CJC) is responsible for overseeing the conduct of judges.
- CJC has published a code of conduct for judges, which sets out the rules governing judicial recusal.
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For Prelims: High Court, Supreme Court, Canadian Judicial Council (CJC), Judicial Conduct and Investigations Office (JCIO), Judicial Recusal, Ranjit Thakur v. Union of India (1987), State of West Bengal v. Shivananda Pathak (1998), and Custodial death.
For Mains: 1. What is Judicial Recusal? Discuss the rules governing judicial recusal in India.
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Source: The Hindu
ASSAM-MIZORAM DISPUTE
1. Context
Recently, five Assam Police personnel were killed after the old boundary dispute between Assam and Mizoram exploded in violent clashes at a contested border point.
2. Key points
- In October last year, residents of Assam and Mizoram had clashed twice in the space of a week over territory, in which at least eight people were injured and a few huts and small shops were torched.
- The violence spotlights the long-standing inter-state boundary issues in the Northeast, particularly between Assam and the states that were carved out of it.
3. October 2020 incident
- Residents of Lailapur village in Assam's Cachar district clashed with residents of localities near Vairengte in Mizoram's Kolasib district.
- Days before this clash, on October 9, similar violence had taken place on the border of Karimganj (Assam) and Mamit (Mizoram) districts.
- On October 9, a farm hut and a betel nut plantation belonging to two Mizoram residents were set on fire.
- In the second incident in Cachar, some people from Lailapur had pelted Mizoram police personnel and Mizoram residents with stones. In turn, Mizoram residents mobilised and went after them.
Image source: The Indian Express4. Reasons led to the violence and clashes
- According to an agreement between the governments of Assam and Mizoram some years ago, the status quo should be maintained in no man's land in the border area.
- However, people from Lailapur broke the status quo and allegedly constructed some temporary huts.
- People from the Mizoram side went and set fire to them. The contested land belongs to Assam as per the state's records.
- According to the Mizoram officials, the land claimed by Assam has been cultivated for a long time by residents of Mizoram.
- The although the contested land was historically cultivated by Mizoram by Mizoram residents, on paper it fell within the Singla Forest Reserve that is under Karimganj's Jurisdiction. Mizoram borders Assam's Barak Valley; both border Bangladesh.
- Mizoram's civil society groups blame "illegal Bangladeshis" (alleged migrants from Bangladesh) on the Assam Side. Illegal Bangladeshis are creating all this trouble.
- They come and destroy our huts, cut our plants and this time pelted stones at our policemen.
5. The Genesis of the boundary dispute
- In the Northeast's complex boundary equations, showdowns between Assam and Mizoram residents are less frequent than they are between, say, Assam and Nagaland residents.
- Nevertheless, the boundary between present-day Assam and Mizoram, 165 km long today, dates back to the colonial era, when Mizoram was known as Lushai Hills, a district of Assam.
- The dispute stems from a notification of 1875 that differentiated the Lushai Hills from the plains of Cachar and another of 1933, that demarcates a boundary between the Lushai Hills and Manipur.
- Mizoram Minister told that Mizoram believes the boundary should be demarcated on the 1875 notification, which is derived from the Bengal Eastern Frontier Regulation (BEFR) Act, of 1873.
- Mizo leaders have argued in the past against the demarcation notified in 1933 because Mizo society was not consulted.
- MZP's Vanlaltana said the Assam government follows the 1933 demarcation and that was the point of conflict.
- Before the incidents of July 26 and last October, the last time the boundary saw violence was in February 2018.
- On that occasion, the MZP had built a wooden rest house in a forest, ostensibly for use by farmers.
- The Assam Police and forest department officials had demolished it, saying this was in Assam territory.
- MZP members had then clashed with Assam personnel, who also thrashed a group of Mizoram journalists who had gone to cover the incident.
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For Prelims: Assam- Mizoram border dispute, Barak Valley, Bengal Eastern Frontier Regulation (BEFR) Act, of 1873, Mizo society,
For Mains:
1. What is the Assam-Mizoram border dispute? Discuss its genesis and Explain the reasons for recent violence and clashes. (250 Words)
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Previous Year Questions
1. Consider the following States: (UPSC 2022)
1. Andhra Pradesh
2. Kerala
3. Himachal Pradesh
4. Tripura
How many of the above are generally known as tea-producing States?
A. Only one State B. Only two States C. Only three States D. All four States
Answer: C
2. Consider the following rivers (UPSC 2014)
1. Barak
2. Lohit
3. Subansiri
Which of the above flows/flow through Arunachal Pradesh?
A. 1 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
Answer: B
3. Consider the following pairs: (UPSC 2018)
Tradition State
1. Chapchar Kut festival Mizoram
2. Khongjom Parba ballad Manipur
3. Thang-Ta dance Sikkim
Which of the pairs given above is/are correct?
A. 1 only B. 1 and 2 C. 3 only D. 2 and 3
Answer: B
4. Consider the following pairs: (UPSC 2014)
1. Dampa Tiger Reserve Mizoram
2. Gumti Wildlife Sanctuary Sikkim
3. Saramati Peak Nagaland
Which of the above pairs is/are correctly matched?
A. 1 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
Answer: C
5. Frequently used term Inner Line Permit is associated with_______. (OTET 2017)
A. Permit required for construction near border areas
B. Restriction on NRIs from selected countries
C. Immigration in selected North East States
D. Special state fund allocation
Answer: C
6. In which of the following states is the Inner Line Permit NOT operational in India?
(SSC JE CE 2020)
A. Arunachal Pradesh
B. Sikkim
C. Mizoram
D. Nagaland
Answer: B
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Source: The Indian Express
FIRST INFORMATION REPORT (FIR)
1. Context
Uttar Pradesh Chief Minister Yogi Adityanath has always underlined his crackdown on crime as a key imperative of his governance. To that effect, police encounters and bulldozing of properties of alleged criminals have become the visible symbols of a tough government bent on making Uttar Pradesh “apradh mukt” or crime-free.
On September 23, 2014, a bench of then CJI RM Lodha and Rohinton Fali Nariman issued detailed guidelines enumerating 16 points to be followed “in the matters of investigating police encounters in the cases of death as the standard procedure for thorough, effective and independent investigation.” The guidelines came in the case “People’s Union for Civil Liberties v State of Maharashtra”, and included the registration of a first information report (FIR) as mandatory along with provisions for magisterial inquiry, keeping written records of intelligence inputs and independent investigation by bodies such as the CID.
2. First Information Report (FIR)
- The term first information report (FIR) is not defined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), 1973, or in any other law, but in police regulations or rules, information recorded under Section 154 of CrPC is known as First Information Report (FIR).
- Section 154 (“Information in cognizable cases”) says that “every information relating to the commission of a cognizable offence if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe”.
- Also, a copy of the information as recorded shall be given forthwith, free of cost, to the informant.
3. Important elements of an FIR
In essence, then, there are three important elements of an FIR:
- the information must relate to the commission of a cognizable offence,
- it should be given in writing or orally to the head of the police station and,
- it must be written down and signed by the informant, and its key points should be recorded in a daily diary.
4. What is a cognizable offence?
- A cognizable offence/case is one in which a police officer may, in accordance with the First Schedule of the CrPC, or under any other law for the time being in force, make an arrest without a warrant.
- In the First Schedule, “the word ‘cognizable’ stands for a police officer may arrest without warrant’; and the word ‘non-cognizable’ stands for a police officer shall not arrest without warrant.”
5. What is the difference between a complaint and an FIR?
- The CrPC defines a “complaint” as “any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.”
- However, an FIR is a document that has been prepared by the police after verifying the facts of the complaint. The FIR may contain details of the crime and the alleged criminal.
- If, on the basis of a complaint, it appears that a cognizable offence has been committed, then an FIR under Section 154 CrPC will be registered, and police will open an investigation. If no offence is found, the police will close the inquiry.
- In case of non-cognizable offences, an FIR under Section 155 CrPC, commonly called “NCR”, is registered, and the complainant will be asked to approach a court for an order. The court may then direct the police to conduct an investigation of the complaint.
6. Section 155
Section 155 (“Information as to non-cognizable cases and investigation of such cases”) says: “When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book and refer the informant to the Magistrate. No police officer shall investigate a non-cognizable case without the order of a Magistrate having the power to try such case or commit the case for trial.”
7. Zero FIR
- When a police station receives a complaint regarding an alleged offence that has been committed in the jurisdiction of another police station, it registers an FIR and then transfers it to the concerned police station for further investigation. This is called a Zero FIR.
- No regular FIR number is given. After receiving the Zero FIR, the concerned police station registers a fresh FIR and starts the investigation.
8. What if the Police refuse to register an FIR?
- Under Section 154(3) CrPC, if any person is aggrieved by the refusal on the part of the officer in charge of a police station to register an FIR, she can send the complaint to the Superintendent of Police/DCP concerned who, if satisfied that such information discloses the commission of a cognizable offence, will either investigate the case or direct an investigation by a subordinate police officer.
- If no FIR is registered, the aggrieved persons can file a complaint under Section 156(3) CrPC before a concerned court which, if satisfied that a cognizable offence is made out from the complaint, will direct the police to register an FIR and conduct an investigation.
9. What happens after an FIR is filed?
- The police will investigate the case and will collect evidence in the form of statements of witnesses or other scientific materials.
- They can arrest the alleged persons as per law.
If there is sufficient evidence to corroborate the allegations of the complainant, then a chargesheet will be filed. Or else, a Final Report mentioning that no evidence was found will be filed in court. - If it is found that no offence has been committed, a cancellation report will be filed. If no trace of the accused persons is found, an ‘untraced’ report will be filed.
- However, if the court does not agree with the investigation report, it can order further investigation.
| For Prelims: First information report (FIR), Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), Cognizable offence, Non-Cognizable offence, Zero FIR, Section 154 CrPC, and Section 155 of CrPC. |
Source: The Indian Express
CODE OF CONDUCT FOR CIVIL SERVICES
1. Context
Since 2018, over 10 lakh candidates have applied each year to sit in the Civil Service Aptitude Test (C-SAT).
This year, 11.52 lakh candidates applied and after three rounds of examinations, 933 were finally selected.
2. Key points
- While the craze to enter the civil services was slightly tempered post-liberalisation, over the past decade it is well and truly back.
- Candidates often spend years and lakhs of rupees in coaching, attempting to crack the extremely competitive exam.
- Of late, several successful candidates have even appeared for the exams after a few years in the private sector.
- Today, CSE results attract serious media scrutiny, with toppers even making national news.
- However, getting selected is just the beginning of one's life in service a life which will have several limitations as per the law.
3. Some basic rules a civil servant needs to follow and the limitations they are placed under.
3.1. About the civil services
- Successful applicants can join several services depending on their rank and personal preferences.
- There are three All India Services-the Indian Administrative Service, the Indian Police Service and the Indian Forest Service which are selected by the Central government with officers allotted to various state cadres.
- The Centre then gets a certain percentage of officers from each state on central deputation.
- These bureaucrats work directly for the Centre. All India Services are governed by Article 312 of the Constitution of India.
- Other services are called Central Civil Services. These services are under the central government itself with no state cadre system.
- They include services such as the Indian Foreign Service, the Indian Revenue Service, Customs and Central Excise Service and Several others.
3.2. AIS Conduct Rules, 1968 and CCS Conduct Rules, 1964
- There are two sets of rules for civil servants one for All India Services and the other for Central Civil Services.
- Specially designed Conduct Rules govern an officer's behaviour and conduct.
- The AIS Conduct Rules, 1968 and CCS Conduct Rules, 1964 are mostly similar.
- These were framed based on recommendations from a committee constituted by then Minister of Home Affairs Lal Bahadur Shashtri in 1962.
- This Committee on Prevention of Corruption was headed by K Santhanam, a Member of the Rajya Sabha.
3.3. Some Rules are vague, and some are more specific
- The Conduct Rules cover a wide range of issues, from the ambiguous idea of personal integrity to more specific actions.
- For instance, Rule 3 (1) states that "Every member of the Service shall at all times maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the Service.
- This rule is purposefully vague and can be applied to individuals in cases of any kind of wrongdoing, even if the allegations are not covered under any more specific rules.
- For example, while the promotion of casteism is not covered under any specific Conduct Rules, casteist behaviour can be interpreted as "unbecoming of a member of the Service" under Rule 3 (1).
- On the other hand, Rule 4(1) of the AIS Conduct Rules is more specific.
- It states, "No member of the Service shall use his position or influence directly or indirectly to secure employment for any member of his family with any private undertaking or Non-Government Organisation".
3.3. Members are not allowed to be part of or assist political parties
- Rule 5 (1) states," No member of the Service shall be a member of. or be otherwise associated with, any political party or any organization which takes part in politics nor shall he take part in, subscribe in aid of or assist in any other manner, any political movement or political activity".
- 5 (4) states, "No member of the Service shall canvas or otherwise interfere with or use his influence in connection with, or take part in, an election to any legislature.
- While members can hold personal political beliefs, these rules restrict the degree to which they can act on them.
3.4. Similar restrictions are also there on expressing personal opinions.
- Rule 7 of AIS Rules States, "No member of the Service shall, in any radio broadcast or communication over any public media or in any document published anonymously, pseudonymously or in his name or the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion. Which has the effect of an adverse criticism of any current or recent policy or action of the central Government or a State Government; or Which is capable of embarrassing the relations between the Central Government and any State Government of any Foreign State".
- However, civil servants are allowed to express their opinion on official files and other official documents and can even talk to the media during field postings.
- What they can tell the media, though, is restricted to their job or some specific event/ issue. Personal beliefs on wider issues are not to be aired.
3.5. Taking dowry is banned.
- Dowry is an evil which afflicts all of society. Civil servants are no exception.
- Often, once selected for the services, officers receive numerous marriage offers.
- Influential families, including big political ones, covet civil servants as husbands for their daughters and are willing to pay a big price to win their hand in marriage.
- A civil servant's job security, status and perks received plays a major role in inflating dowry demands.
- Officials from the Department of Personnel and Training (DoPT) even receive queries to provide contact details of candidates selected.
- At the same time, civil servants and their families too are willing to receive a big dowry.
But as far as rules are concerned, both giving and receiving dowry are strictly prohibited. - Rule 11 (1-A) of the AIS Rules on "Giving or taking of dowry" states, "No member of the Service shall
- Give or take or abet the giving or taking of dowry or
- Demand, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be any dowry".
3.6. Reporting of Big gifts
- Rule 11 (1) states, "A member of the service may accept gifts from his near relatives or his personal friends having no official dealings with them, on occasions such as weddings, anniversaries, funerals and religious functions when the making of gifts conforms with the prevailing religious functions when the making of gifts conforms with the prevailing religious and social practice, but he shall make a report to the Government if the value of the such gift exceeds Rs 25, 000.
- The threshold of Rs 25, 000 was last fixed in 2015.
4. Rules are amended and added from time to time
- While Conduct Rules penned in the 1960s are still being followed, these are never static, with updates made from time to time.
- For instance, about Rule 5(1), the government from time to time determines whether a particular organisation is political or not.
- Interestingly, such clarifications have been repeatedly made about the Rashtriya Swayamsevak Sangh (RSS) with rules stating that its activities are political.
- Notably, while the RSS itself claims to be non-political, even BJP governments at the Centre have not changed its categorisation.
- The government added a few sub-rules in August 2014.
For instance, the following was added to the Conduct Rules: "Every member of the Service shall maintain:
- High ethical standards, integrity and honesty
- Political neutrality
- Accountability and transparency
- Responsiveness to the public, particularly to the weaker section
- Courtesy and good behaviour with the public among other things.
- The government also added that Every member of the Service shall maintain integrity in public service
- Take decisions solely in the public interest and use or cause to use public resources efficiently, effectively and economically
Declare any private interests relating to his public duties and take steps to resolve any conflicts in a way that protects the public interest - Not place himself under any financial or other obligations to any individual or organisation which may influence him in the performance of his official duties
- Not misuse his position as a civil servant and not take decisions to derive financial or material benefits for himself, his family or his friends act with fairness and impartiality and not discriminate against anyone, particularly the poor and the underprivileged sections of society
- Perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities.
5. Allegations
- Similarly, when allegations were made that only oral orders were being issued to subordinate officials, in 1979, the Janata Party government added that "The direction of the official superior shall ordinarily be in writing.
- Where the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing immediately thereafter".
- In 1998, the United Front government added that "No member of the Service shall employ to work any child below the age of 14 years".
6. Officers are covered under the rules as soon they join the training.
- As soon as candidates are allotted a particular service and join training which is part of their probation period, they become members of that service and are thus covered by these rules.
- There are also certain rules which continue to apply post-retirement as well.
- Provisions for heavy penalties there, but difficult to police. Transgressions can attract two kinds of penalties major and minor.
- Major penalties can include "dismissal" from the service as well.
- Besides these conduct rules, there is also the Prevention of Corruption Act (POCA).
- However, action on corruption in India is based less on intelligence and more on complaints.
- While anonymous complaints are not entertained, complaints with the names and details of complainants too hardly ever reach the proper forum.
- For, where such complaints can be made, include the Central Vigilance Commission, Lokpal and other investigation agencies.
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For Prelims: Prevention of Corruption Act, Central Vigilance Commission, Lokpal, All India Services, the Indian Administrative Service, the Indian Police Service, the Indian Forest Service, Central Civil Services, AIS Conduct Rules, 1968, CCS Conduct Rules, 1964, Santhanam committee,
For Mains:
1. What is the Code of Conduct for the Civil Servants? Discuss the role of the code of conduct for the Civil Servants in India. (250 Words)
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| Previous Year Questions
1. The Central Vigilance Commission was established on the recommendation of which one of the following Committees? (NDA 2018) (UPSC CAPF 2017)
A. Santhanam Committee
B. Dinesh Goswami Committee
C. Tarkunde Committee
D. Narasimham Committee
Answer: A
2. According to the Lokpal and Lokayuktas Act, 2013 the Lokpal shall consist of maximum _______ members including the Chairperson. (MPSC 2019)
A. Three B. Four C. Nine D. Five
Answer: C
3. Which one of the following CCS Conduct Rules, 1964 deals with sexual harassment of working women CISF ASI 2019
A. Rule 14A B. Rule 20 C. Rule 3C D. Rule 31
Answer: C
4. Santhanam committee was established for prevention of which social problem (RPSC 2015)
A. dowry system B. communal riots C. aids D. corruption
Answer: D
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Source: The Indian Express
SENDAI FRAMEWORK
1. Context
The G20 nations, with a population of 4.7 billion, have large exposure, risk from asset concentration, and vulnerability to natural disasters. In the current World Risk Index, four out of the top 10 vulnerable countries are G20 nations. The combined estimated annual average loss in the G20 countries alone is $218 billion, equivalent to 9 per cent of the average annual investment in infrastructure made by them.
2. What is a Disaster?
The United Nations International Strategy for Disaster Reduction (UNISDR) (2009) defines a disaster as: “A serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources.”
As per the Disaster Management Act 2005, “Disaster” means a catastrophe, mishap, calamity, or grave occurrence in any area, arising from natural or manmadẹ causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area. UNISDR considers disaster to be a result of the combination of many factors such as
- exposure to hazards;
- conditions of vulnerability that are present, and
- insufficient capacity or measures to reduce or cope with the potential negative consequences.
3. What is Disaster Management?
According to the Disaster Management Act 2005, disaster management can be defined as an integrated process of planning, coordinating, organizing, and implementing measures that are necessary for
- Rehabilitation and reconstruction
- Prompt response to any threatening disaster
- Mitigation of any disaster or its consequences
- Preparedness to deal with any disaster
- Evacuation, rescue, and relief of the survivors
- Capacity building
- Assessing the severity of the after-effects of any disaster
4. Types of Disaster Management
- Natural Disaster Management: Natural disasters are those which occur naturally due to a difference in the climate or the concerned body (water/earth). The natural disaster caused may be a result of steady or rapid disturbances in nature that have an impact on livelihood. These disasters can be harmful to both
