TNR News Network
Shimla:
As torrential rains continue to lash Himachal Pradesh, the Sukhvinder Singh Sukhu-led government has declared the state “disaster-affected” under the Disaster Management Act.
The move, announced in the Himachal Assembly’s monsoon session, comes in the wake of unprecedented devastation across the state — from cloudbursts and landslides to flashfloods that have claimed over 320 lives and damaged property worth more than Rs 3,000 crore since June 20.
Declaring a state as disaster-affected allows the government to implement emergency measures for relief and rehabilitation. This includes providing temporary shelters, compensation to affected families and deploying special disaster response forces.
The declaration also enables the state to offer relief to small traders and farmers, such as deferment of loan payments and potential waivers on electricity, water or tax bills. In many cases, the Army, NDRF (National Disaster Response Force) and the SDRF (State Disaster Response Force) are deployed for large-scale rescue and recovery operations.
Only declaration by Centre can secure central funds
However, a critical distinction is that while the Himachal government has declared the state disaster-hit, the Central Government has not. Unless the Centre officially declares it a national-level disaster, it is not obligated to provide additional financial aid or reconstruction support.
This means that while the state can utilise the State Disaster Response Fund, which is funded 75% by the Centre and 25% by the state, it cannot access the National Disaster Response Fund or demand a special financial package unless the Centre voluntarily chooses to step in.
The Disaster Management Act, 2005, which guides such declarations, is a comprehensive law created to ensure efficient disaster response across India. It covers both natural and human-made disasters, including floods, earthquakes, landslides, cloudbursts, fires, cyclones and even pest attacks.
Given the current situation in Himachal, where over 231 disaster events have occurred in this monsoon season alone — including 95 landslides, 91 flashfloods, and 45 cloudbursts — the crisis clearly falls under the purview of this legislation.
The Act also empowers the state to take legal action in case of non-compliance. Sections 51 to 60 of the Act allow for prosecution of individuals or officials who violate orders, spread rumours or neglect their duties. Under Section 188 of the IPC, those ignoring official orders can face jail time of up to six months. These provisions ensure accountability in times of public emergency.
Modi govt retains discretion to announce financial assistance
Chief Minister Sukhu responded in the Assembly by stating that while the Centre has not yet declared Himachal a disaster-hit state, the DGP has been in constant contact with national agencies, and discussions are underway.
Despite the grim situation, help from the Centre is not automatic. The Modi government retains the discretion to announce financial assistance or a special relief package. If it does, Himachal could benefit from central funding for the restoration of roads, bridges, schools, hospitals and agricultural land.
A special reconstruction package could significantly ease the burden on the state government, which is currently stretched thin managing one of the worst monsoon disasters in recent memory.
