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Unit-3 B-TECH- 7Sem Disaster Management

UNIT-3 (CAPACITY BUILDING)

CAPACITY BUILDING
CONCEPT LECTURE NO:-1
CAPACITY BUILDING
Capacity building is an ongoing process that equips officials, stakeholders and the community to perform
their functions in a better manner during a crisis/disaster. In the process of capacity building, we must
include elements of human resource development, i.e., individual training, organizational development
such as improving the functioning of groups and organizations and institutional development. At the
national level, The National Institute of Disaster Management (NIDM) is the capacity building arm and
the States have disaster management cells in the State Administrative Training Institutes performs the
function of capacity building for effective and efficient disaster management. There are a number of other
training institutes which are engaged in training and capacity building in the area of disaster management.

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Structural and non-structural measures

Structural measures are any physical construction to reduce or avoid possible impacts of
hazards, or the application of engineering techniques or technology to achieve hazard
resistance and resilience in structures or systems. Non-structural measures are measures not
involving physical construction which use knowledge, practice or agreement to reduce disaster
risks and impacts, in particular through policies and laws, public awareness raising, training and
education.
Annotation: Common structural measures for disaster risk reduction include dams, flood levies,
ocean wave barriers, earthquake-resistant construction and evacuation shelters. Common non-
structural measures include building codes, land-use planning laws and their enforcement,
research and assessment, information resources and public awareness programmes. Note that
in civil and structural engineering, the term “structural” is used in a more restricted sense to
mean just the load-bearing structure, and other parts such as wall cladding and interior fittings
are termed “non-structural”.

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LECTURE NO -2

1. Every flood risk scenario is different: there is no flood management blueprint.

2. Designs for flood management must be able to cope with a changing and uncertain future.
3. Rapid urbanization requires the integration of flood risk management into regular
urban planning and governance.
4. An integrated strategy requires the use of both structural and non-structural measures and
good metrics for “getting the balance right”.
5. Heavily engineered structural measures can transfer risk upstream and downstream.
6. It is impossible to entirely eliminate the risk from flooding.
7. Many flood management measures have multiple co-benefits over and above their flood
management role.
8. It is important to consider the wider social and ecological consequences of flood
management spending.
9. Clarity of responsibility for constructing and running flood risk programs is critical.
10. Implementing flood risk management measures requires multi-stakeholder
cooperation. 11. Continuous communication to raise awareness and reinforce
preparedness is necessary. 12.Plan to recover quickly after flooding and use the recovery
to build capacity

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What if we rely only on structural measures

When they fail they often fail dramatically (a chain is as strong as its weakest link) - Structural measures
cannot evolve with development - Structural measures generally require high investments - Structural
measures often have major side-effects

Strategy to reduce/manage vulnerability

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LECTURE NO -3

Non-structural flood management measures

Non Structural Measures (NSMs) can be considered as a set of mitigation and/or adaptation
measures that do not make use of traditional structural flood defence measures. They reduce
damage without influencing the current of the flood event. Non-structural flood
management measures include all flood management measures that are not based on large-
scale defences.

Methodology
NSMs are part of an integrated approach to risk management in the EU sense that addresses all
components of the Source-Pathway-Receptor-Consequence model.

These measures encompasses:

 information, education and communication tools (flood maps, public presentations,

collaborative platforms etc.)
 spatial planning (flood risk adapted landuse)
 building regulation and improvement of building flood resistance (wet-proofing and dry-
proofing)
 flood action plans at a local scale (infrastructure maintenance)
 financial preparedness (insurance of residual risk and reserve funds)
 emergency response (evacuation and rescue plans, forecasting and warning services)
 recovery measures (disaster recovery plans, financial provisions of government).

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LECTURE NO -4
STRENGTHENING FOR REDUCING RISK
This section seeks to provide a conceptual framework for capacity and capacity development
that underpin its general application to disaster risk reduction. It includes a short list of
definitions and basic terminology that is followed by a short discussion of the three levels
where capacity resides – in the individual, in the organization and in the overall working
environment within which individuals and organizations operate (the enabling environment).
To complete the conceptual framework two types of capacities (functional and technical) are
elaborated briefly followed by a description of a five-step capacity process and a short overview
on types of capacity development actions.

The Three Levels of Capacity

Although the language on capacity development varies, increasingly there is an emerging
consensus that capacity resides at three interrelated levels and that capacity issues need to be
looked at from this perspective: π The Enabling Environment pertains to the broader system
within which individuals and organizations function that can either facilitate or hamper their
existence and performance. This level of capacity is not easy to grasp tangibly but it is central to
the understanding of capacity issues. This level determines the “rules of the game” for how a
society operates, including the interaction between and among organizations and government
units, and with the private sector and civil society. Capacities at the level of the enabling
environment relate to such things as policies, legislation, institutional arrangements,
leadership, political processes and power relations and social norms (values, incentives,
motivation, trust, legitimacy, transparency) all of which govern the mandates, priorities, modes
of operation and civil engagement across different parts of society

The significance as well as the complexity of the enabling environment cannot be over-
emphasised. It is here that the conditions are created that will allow for the effective
development of individual and organizational capacities. It sets the context for capacity
development and determines the changes that may be necessary to ensure results – which may
require a shift in values and approaches, in power dynamics and possibly even in power
relations. The UNDP definition of capacity development refers to “societies” and this is
preferred by others to describe the enabling environment .The report from the Capacity
Collective Workshop organised by the Institute of Development Studies in September 2007
identifies the enabling environment as “societal” implying a wider, systemic level

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The Capacity Development Process

Just as capacity development needs to be context and casespecific, so also it needs to be
viewed as an “iterative” process of assessment-design-application-learning-adjustment”. The
five steps presented frame UNDP’s own work and coincide with the steps of the programming
cycle. Care must be taken in the interpretation of these five steps since they are not always
carried out in a sequential or linear manner. The length of time it takes to complete each step
will also vary from case to case. A great many factors are involved that impinge upon the
effective completion of this process.

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1. Engage stakeholders in capacity development. For a start, there needs to commitment

to and sponsorship of the process among all key stakeholders –local ownership and
participation is critical. This requires a good understanding of the relevant actors at
different levels and analysis of the critical types of stakeholders that need to be involved
–ones with need, resources, information, expertise, who can influence. Various tried
and tested tools and methodologies for stakeholder analysis, mapping and engagement
are available to support this.

2. Assess capacity assets and needs. The avoidance of a blueprint approach has already
been mentioned. In each case, a thorough assessment of what capacities are needed,
why they are needed and who they are for needs to be made before any capacity
development action plan can be set. A good starting point is some form of a capacity
assessment exercise, preferably undertaken with the active engagement by the relevant
stakeholders, at all stages of the capacity assessment exercise. The assessment will help
determine what capacityalready exists and will help ascertain local partners’
commitment and constraints they may face to drive the change process needed to
improve capacity. Guidance and tools on undertaking capacity assessments is also
available from UNDP9 and through other resources.

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3. Formulate a capacity development response. In response to the assessment of capacity

assets and needs, a response needs to be formulated with the active participation of
those who were engaged in the assessment exercise. The response can be at the group,
community, organizational, regional or national level. It will likely include a mix of
actions, probably starting with some short-term interventions to generate some “quick
wins” or that will enhance known capacity assets before addressing more complex or
long-term capacity issues or needs. The response will identify evidence and indicators
against which progress can be measured, outcomes signifying the desired changes
incapacity.The capacity development response also needs to be costed to establish the
realistic funding needed forimplementation. An exit strategy also needs to be
developed.

4. Implement a capacity development response. Implementation will be part of that

required for an overall programme or project. Experience shows that capacity
development needs to be embedded in strategy formulation and programme planning
and not added in as an afterthought or as a stand-alone measure. To ensure
sustainability, the delivery of any capacity development assistance is best managed
through already-established national systems and processes rather than through the
creation of new or parallel implementation units. Implementation can be a mix of short-
term measures in the form of performance or skills enhancement and more complex
and long-term measures to address more challenging organizational or institutional
issues. Developing a monitoring plan and respecting it allows to assess the
implementation of the capacity development response against fixed targets. It also
provides the opportunity to monitor where advances are slower than expected or
faster, analyse the reasons and implement corrective measures where needed.

5. Evaluate capacity development. To ensure that inputs are being transformed into
capacity development outputs and to support effective “learning from doing”,
implementation needs to be flexible and it needs to be monitored. This includes
allowing processes to evolve and paying attention to unplanned consequences that may
not have been anticipated and means having the necessary flexibility to adapt to those
changes. To ensure that outputs are translating into outcomes (capacity development)
and impact (development goals) an evaluation framework should be established to
measure results.

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LECTURE NO -5
DISASTER RESOURCES AND THEIR UTILITY IN DISASTER
MANAGEMENT

Disaster Resources
This Disaster Resources page provides you with access to vital information you will need for
disaster preparedness, disaster survival, and disaster recovery.
There are many benefits to taking the time review the information on this page.
NATURAL DISASTER MANMADE DISASTER

NATURAL
-
Drought Drought can be defined as a condition of unusually dry climate within a certain
geographic region due to lack of annual rainfall.
It is a natural disaster, which is hazardous to human beings because it results in water shortage,
damages to crops, and an increased death rate of livestock and wild animals.
It also results in shortage of electricity. Reports show, many people worldwide die during the
these extreme conditions.
In drought-prone areas certain measures such as construction of reservoirs, rain-harvest system
and stopping over-grazing could be taken. It causes increase in food prices and unemployment.

RECOVERY

Conserving water means more water

available for critical needs for everyone.
What you can do to help save water during these extreme conditions:
In the Kitchen and Laundry

 DO make sure the dishwasher is full before turning it on. Dishwashers

use between 8 and 12 gallons of water per load.

DO make sure your clothes washer is full before turning it on. Each load of
laundry usually requires 50 gallons or more of water.

DO use a bowl of water to clean fruits and vegetables rather than running water
over them. Reuse the water in the bowl to water your houseplants.

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DO store drinking water in the refrigerator rather than letting the tap run every
time you want a cool glass of water.

DON'T let the water run when washing dishes

DO fill the bath tub only halfway and save 10-15 gallons.

DO take shorter showers and save 3-5 gallons of water a minute.

DON'T use the toilet as a waste basket. Throw trash in a trash basket and avoid flushing unn

DON'T leave the water running when you brush your teeth or wash your hands or face. Fauc

Most Important - Never put water down a drain that can be used for something else such a

Extreme Weather
There has been a lot of debate lately regarding the cause of the extreme weather conditions most of us h
Some of the different theories that are being tossed around are; Global Warming, Increased Solar Activity, P
It seems that no one really knows for certain. Regardless of the cause, it is hard to deny the fact that there h

Here are some Extreme Weather Facts:

 Highest Temperature in the Northern Hemisphere 134 degrees F in Furnace Creek,

California on 7-10-1913.
 Greatest 60-minute rainfall " Holt, Missouri on 6-22-1947.
 Greatest 1-minute rainfall " Unionville, Maryland on 7-4-1956.
 Maximum Wind Gust in the Northern Hemisphere " 231 mph on Mt. Washington, New
Hampshire on 4-12-1934.
 Biggest (numerical) tornado outbreak " 209 tornadoes - Southeastern United States on
4- 27-2011.
 Highest recorded tornadic wind speed " 302 mph " Bridge Creek, Oklahoma 3-5-1999.

While some of these events are predictable, the level of severity can not always be
predetermined, so it is important to know how to respond and to be prepared ahead of time
with survival supplies.
Create Preparedness Plans and acquire the resources needed to survive extreme weather
conditions.

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Outdoor Winter Survival Tips

Avoid overexertion when shoveling snow. Overexertion can bring on a heart attack—a
major cause of death in the winter. If you must shovel snow, stretch before going outside.

Cover your mouth. Protect your lungs from extremely cold air by covering your mouth
when outdoors. Try not to speak unless absolutely necessary.

Keep dry. Change wet clothing frequently to prevent a loss of body heat. Wet clothing
loses all of its insulating value and transmits heat rapidly.

Watch for signs of frostbite. These include loss of feeling and white or pale appearance
in extremities such as fingers, toes, ear lobes, and the tip of the nose. If symptoms are
detected, get medical help immediately.

Watch for signs of hypothermia. These include uncontrollable shivering, memory loss,
disorientation, incoherence, slurred speech, drowsiness, and apparent exhaustion.

Earthquake-
Are you looking for information on earthquake facts and statistics, you have come to the right
place. Let's start with where they can occur.
Like volcanos they are more prone to certain geographical areas such as the Pacific Rim;
however, they can occur anywhere. Recently there have been seismic events in New York,
North Carolina or Washington DC.
Mineral, Va. was the epicenter for the most recent east coast quake measuring 5.9. The
epicenter is just 83 miles from DC and was felt as far south as Atlanta and as far north as
Ontario. If you want to read more about the history of DC quakes
The largest earthquake to ever hit the US was in 1811 along the New Madrid fault in Missouri.
The New Madrid quake and its aftershocks continued for 3 months from late 1811 into early
1812, which included three aftershocks of magnitudes greater than 8 on the Richter Scale.
These were felt throughout the entire eastern United States (over 2 million square miles), with
Missouri, Tennessee, Kentucky, Indiana, Illinois, Ohio, Alabama, Arkansas, and Mississippi
experiencing the strongest ground shaking. It was said to have even caused church bells to ring
as far away as Boston.

Earthquake Facts
 Five largest Quakes Worldwide
o 9.5 Chile May 22, 1960
o 9.2 Prince William Sound, Alaska March 28, 1964

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o 9.1 Andreanof Islands, Aleutian Islands March 9, 1957

o 9.0 Kamchatka Nov. 4, 1952
o 9.0 Japan March 11, 2011

They strike suddenly, violently, and without warning at any time of the year and at any
time of the day or night.

Smaller ones often follow the main shock.

They are caused by the breaking and shifting of rock beneath the Earth's surface.
Ground shaking from earthquakes can collapse buildings and bridges; disrupt gas,
electric, and phone service; and sometimes trigger landslides, avalanches, flash floods,
fires, and huge, destructive ocean waves (tsunamis).

Most injuries are caused from collapsing walls, flying glass, and falling objects.

Several thousand shocks of varying sizes occur annually in the United States, and 70 to
75 damaging quakes occur throughout the world each year.

All 50 states and all U.S. territories are vulnerable.

Where they have occurred in the past, they will happen again.

California experiences the most frequent damaging earthquakes; however, Alaska

experiences the greatest number of larger seismic events —most located in uninhabited
areas.

They occur most frequently west of the Rocky Mountains, although historically the most
violent ones have occurred in the central United States.

It is estimated that a major one in a highly populated area of the United States could
cause as much as $200 billion in losses.

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LECTURE NO -6

Hurricane- Hurricanes may have a diameter of 400 to 500 miles. The "eye" (center) of a
hurricane can be up to 20 miles across. When they move from sea to land, they pack such a
tremendous force, they surge with enormous waves and drop heavy rain. A hurricane can
produce winds higher than 155 miles per hour. They can also generate tornadoes.

Recovery Process
The disaster recovery process is not easy, as the people who have experienced a major disaster
can attest too, but it is possible to recover, rebuild and move on. Click the link above to learn
more about things you can do now that will help you later when going through the disaster
recovery process.
There are many disaster-aid-organizations that specialize in disaster relief and recovery that
you can contact for assistance if needed. Print off this list and keep it with your disaster survival
supplies in the event you need someone to contact for assistance.

Pandemic-

They can occur when a new influenza A virus emerges for which there is little or no immunity in
the human population. Without human immunity serious illnesses spread easily person-to-
person regional and then worldwide.
For example, the 2009 flu pandemic was a global outbreak of a new strain of H1N1 influenza
virus, often referred to as "swine flu".
The virus, first described in April 2009, appeared to be a new strain of H1N1 which resulted
when a previous triple reassortment of bird, pig, and human flu viruses further combined with
a Eurasian pig flu virus.
Three flu pandemics happened in the 1900s. Near the end of World War I, the 1918 was the
most severe of the century. It killed about 675,000 people in the United States and between 20
- 50 million people around the world.
If you check your family’s history, you may find how your family was affected at that time.
Almost everyone was touched in some way by the 1918 Flu Pandemic. Others in the 1900s
were less severe.

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How to Prepare
You need to start planning now before a crisis occurs.
You need to be ready when it first arrives in your area. Information will be given on local TV, radio, web
Making plans now will help you to be ready for the next flu pandemic, which could last up to several mo

 Make a list of important contacts for home, school, and work.

 Talk with your neighbors, workplace, and school about how to plan for staying home if
you or your household members are sick.
 Think about services you may need and make plans with your service providers.
 Although it may last several months, buy and store at least 2-weeks’ supplies of food,
water, medicine, and facemasks. (Food and supplies may be hard to get during a
pandemic.) When you have to stay home, these supplies will support your family and
pets.

Be aware, plan ahead, and share with others what you have learned.

Other Diseases
EN71Virus

Enterovirus 71 is a type of hand, foot and mouth disease that children are susceptible to. On
May 3, 2008, Chinese health authorities reported a major outbreak of EV71 enterovirus in
Fuyang city and other localities in Anhui, Zhejiang, and Guangdong provinces. As of May 3,
2008, 3736 cases,

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mainly in children have been reported, with 22 dead, 42 critically ill, and 415 new cases have
been reported in the last 24 hours in Fuyang City alone.
H5N1AvianFlu
Much concern today is focused on the H5N1 'Avian Flu' virus, a virus that currently only spreads
via bird to human contact. There are widespread fears the virus may mutate to be able to
spread by human to human contact, which could cause an influenza pandemic similar to the
1918 Influenza Pandemic that killed approximately 3% of the world's population.

SARS

Severe acute respiratory syndrome (SARS) is a respiratory disease in humans that nearly
became a pandemic outbreak between November 2002 and July 2003. 8,096 were known to be
infected, with 774 deaths and a mortality rate of 9.6%.
Superbugs

Superbugs are normal bacteria that have developed resistance to most major antibiotics. This
resistance is often due to the overuse and misuse of antibiotics.

Tsunami- A tsunami is produced by an underwater disturbance such as

a volcanic eruption, earthquake, or landslide and can travel hundreds of miles per hour in the
open ocean before smashing into land with waves as high as 100 feet or more.
Most tsunamis occur along the Pacific Rim, also know as the "Ring of Fire". The Ring of Fire
extends about 40,000 km long stretching from New Zealand, along the eastern edge of Asia,
north across the Aleutian Islands of Alaska, and south along the coast of North and South
America.

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Earthquake induced movements of the ocean floor most often generate tsunamis.

If a major earthquake or landslide occurs close to shore, the first wave in a series could
reach the beach in a few minutes, even before a warning is issued.

From the area where it originates, waves travel outward in all directions. Once the wave
approaches the shore, it builds in height.

The topography of the coastline and the ocean floor will influence the size of the wave.

There may be more than one wave and the succeeding one may be larger than the one before.

Areas are at greater risk if they are less than 25 feet above sea level and within a mile of the shorel

Drowning is the most common cause of death associated these waves and the receding water are

Other hazards include flooding, contamination of drinking water, and fires from gas lines or rupture

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LECTURE NO- 7
Man-Made Disasters

Economic Collapse -At this point, no one is really sure what to expect. However, with the
constant influx of federal money flooding the economy, inflation is going to impact consumers:
it is just a matter of when. It could even lead to hyperinflation.

What is hyperinflation: Hperinflation occurs when there is a large increase in the money supply
that is not supported by gross domestic product (GDP) growth - meaning actual manufacturing in the marke

How to Survive
Make eliminating debt and increasing assets your first goal.
Get out of debt and stay out of debt (if necessary get debt counseling but reduce your debt as quickly as pos
Consider selling any valuable items that you do not need and do so as soon as possible while you still have b
Increase assets as you are able - concentrate on items that you and your family would need to survive; wate

Next step:

 Assemble or purchase a Complete First Aid Kit and a Sewing Kit.

 Take as many training classes that you can; such as wilderness survival and CPR.
 Get to know your neighbors - if things do get really bad you might be dependent on
each other for survival.
 Become as self sufficient as you can. Learn how to grow your own vegetables.
 Learn about sustainability. You can raise chickens, collect your run-off rainwater in a
Rain Water Collection Barrel, , can your vegetables, and use a Portable Solar Oven to
cook your food.
 Learn how to barter - useful items to barter with are basic necessities such as clothing,
shoes, blankets, soap, ammunitions and don't forget specialty items such as coffee,
chocolate, tobacco and alcohol.

Terrorist Attack
Everyone must be aware that a terrorist attack may occur at any time and in any country of the
world. No country is safe! However, several countries have an extensive record of terrorism;
Afghanistan, India, Iraq, and Pakistan among them.
In other countries, the threat of a terrorism remains especially high; it is the case in Western
Europe, North Africa, North America, Asia-Pacific, and the Middle East.

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Terrorism is the use of force or violence against persons or property in violation of the criminal
laws of the United States for purposes of intimidation, coercion, or ransom.
Terrorists often use threats to:

 Create fear among the public; as seen in this still relevant article published by CBS
Chicago a couple of years ago.
 Try to convince citizens that their government is powerless to prevent terrorism.
 Get immediate publicity for their causes.

Acts of terrorism include threats of terrorism; assassinations; kidnappings; hijackings; bomb

scares and bombings; cyber attacks (computer-based); and the use of chemical, biological, nuclear and radio
High-risk targets for acts of terrorism include military and civilian government facilities, international airport
Further, terrorists are capable of spreading fear by sending explosives or chemical and biological agents thro
Within the immediate area of a terrorist attack, you would need to rely on police, fire, and other officials for

General Safety Guidelines

Be aware of your surrounding will help you the most!

Move or leave if you feel uncomfortable or if something does not seem right.

Take precautions when traveling. Be aware of conspicuous or unusual behavior. Do not

accept packages from strangers. Do not leave luggage unattended. You should promptly
report unusual behavior, suspicious or unattended packages, and strange devices to the
police or security personnel.

Learn where emergency exits are located in buildings you frequent. Plan how to get out
in the event of an emergency.

Be prepared to do without services you normally depend on—electricity, telephone,

natural gas, gasoline pumps, cash registers, ATMs, and Internet transactions.

Nuclear Accident-
A nuclear accident is still possible even though the construction and operation of nuclear power
plants are closely monitored and regulated by the Nuclear Regulatory Commission (NRC).

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Emergency Response Plans

Local and state governments, federal agencies, and the electric utilities have emergency
response plans in the event of a nuclear incident. The United States Nuclear Regulatory
Commission regulates commercial nuclear power plants within the US.
The emergency response plans define two “emergency planning zones.”

 One zone covers an area within a 10-mile radius of the plant, where it is possible that
people could be harmed by direct radiation exposure.

The second zone covers a broader area, usually up to a 50-mile radius from the plant, where radioactive m

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LECTURE NO -8
LEGISLATIVE SUPPORT AT THE STATE AND NATIONAL LEVEL

Legislation for Disaster Risk Reduction-

INTRODUCTION -Environmental legislation are the strategic tools for enforcing or regulating
the implementation of policy provisions, helping judicial proceedings, courts and regulatory
authorities to fix the liabilities and give judgment on penalty, relief or compensation, etc.
Environmental laws include provisions and regulations related to environment and its
constituents, protection and management of natural resources, water, land, agriculture,
forests, wildlife; habitats – protected areas, zoo, parks, reserves; procedures and planning to
safeguard environment; resources and ecosystems. For environmental clearance, use EIA,
audit, risk analysis, land-use and zoning, emergency preparedness; and management of
environmental services - drinking water, sanitation, waste disposal, preventive-healthcare,
including climate mitigation and adaptation etc. are also part of environmental laws and
policies in many countries including India. Although these regulations and policies are primarily
aiming at attaining environmental quality, resource management related to procedures, and
they have provisions related to Disaster Risk Reduction.
National legislation
a. Constitutional provisions
b. Common laws
c. Statutory laws
d. Customary law
a. Constitutional provisions- Indian constitution has many such provisions related to
environment and human rights. Article 21 of the Indian constitution states “No person shall be
deprived of his life or personal liberty except according to procedure established by law”. The
right to life has been employed in a diversified manner in India. Besides the mere right to
survive as a species, quality of life, the right to live with dignity and the right to live- 15 lihood
etc. are also with the purview of Article 21. The Constitution of India provides that all are equal
before the law and shall be accorded equal protection of the law. Article 14 states that “The
State shall not deny to any person equality before the law or the equal protection of the laws
within the territory of India. Article 14 can be used to challenge government sanctions for
mining and other activities with high stakes on human rights and environmental impact, where
the permissions are arbitrarily granted without adequate consideration of environmental
impacts. The Constitution Act of 1976 (Forty Second Amendment) explicitly incorporated
environmental protection and improvement as a part of state policy. Article 48 A provides that
the state shall endeavour to protect and improve the environment and safeguard the forests
and wildlife of the country. Article 51A (g) imposes a similar responsibility on every citizen to
protect and improve the natural environment including forests, lakes, rivers and wildlife, and to
have compassion for
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living creatures. Thus, protection of natural environment and compassion for living creatures
was made the positive fundamental duty of every citizen. Section 11 of chapter 2 of the South
African constitution deals with the right to life, a non-derogable right. Under section 24 of
chapter 2 of the South African constitution, everyone has the right to an environment that is
not harmful to health or well-being. Section 24 adds that the government must act reasonably
to protect the environment by preventing pollution and ecological degradation, promoting
conservation, and securing ecologically sustainable development, while building the economy
and society. Section 24 demonstrates that the right to a healthy environment is part of the
socio-economic right of people of South Africa applied by the courts to give a meaningful
interpretation to the right to life similar to India.
B Common laws -The term “Common” is derived from the Latin word ‘Lex Communis’ the body
of customary law of England, which is based upon the judicial decisions. The Common law
continues to be in force in India under Article 372 of the constitution so far and is not yet
altered, modified or repealed by statutory laws. Under the Common Law, an action might lie
for causing pollution of environment, viz., air, water, or noise if it would amount to private or
public nuisance. The common law remedies against environmental pollution are available
under the law of Torts. Tort is a civil wrong other than a breach of trust or contract. The most
important tort liabilities for environmental pollution are under the heads of nuisance, trespass,
negligence and strict liability. The Indian Penal Code formulated by the British during the British
Raj in 1860, forms the backbone of criminal law in India. The Code of Criminal Procedure, 1973
governs the procedural aspects of the criminal law. Indian Penal Code (IPC), 1860 makes various
acts affecting environment as offences (Chapter XIV, section 268 and 294 A). Public health,
safety, convenience, decency and morals are dealt under these sections. IPC also cover the
negligent handling of poisonous substances, combustive and explosive materials. Criminal
Procedure 17 Code, 1973 (CrPc) can also be invoked to prevent pollution. Chapter X, Part B
sections 133 to 143 provides the most effective and speedy remedy for preventing and
controlling public nuisance. Section 133 can be used against municipalities and government
bodies.

c. Statutory laws In 2005, the Hyogo Framework for Action (2005–2015) called for nation states
and the international community to ensure that DRR is a national and local priority with a
strong institutional basis for implementation. The framework identified legislation as a critical
component in moving towards a comprehensive and mainstreamed DRR approach. ‘Adopt, or
modify where necessary, legislation to support disaster risk reduction, including regulations and
mechanisms that encourage compliance and that promote incentives for undertaking risk
reduction and mitigation activities’ (UN-ISDR, 2005). Many countries do not have specific
legislation for DRR (at least till recently). Several countries enacted such legislation in last one
decade. e.g. India, Sri Lanka, Pakistan etc. However, these countries have a number of sectoral
environmental policies and laws which need to be taken into account in the DRR framework.
Key environment policies and law may include agriculture, forests and wildlife, habitat, water,
land- use, sanitation, wildfire, etc. Failure to acknowledge pre-existing sectoral policies with a
bearing on DRR can lead to the alienation of those working in these policy sectors, generating
perceptions of resource competition that can slow down or stop progress. For example, Kenya
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has wildfire

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Unit-3 B-TECH- 7Sem Disaster Management

management legislation that contributes to prevention, but is not recognized as such in

disaster legislation (Pelling and Holloway, 2006).

International law International law is considered the supreme body of law by

international tribunals and in international relations. International law may be considered
persuasive in interpreting constitutional or statutory provisions. The jurisprudence of
international tribunals also can be considered in this context. In Andhra Pradesh Pollution
Control BoardII v. Prof. M.V. Nayudu & Others [2001] 4 LRI 657, Sup. Ct. India, the Court
referred to the Declaration of the United Nations Water Conference, the International
Covenants on Civil and Political and Economic, Social and Cultural Rights, and the Rio
Declaration on Environment and Development as persuasive authority in implying a right of
access to 27 drinking water as part of the right to life in the Indian Constitution. The main
principles of international environmental law are found in treaty law (The Brundtland
Commission). ‘Legal regimes are rapidly outdistanced by the accelerating pace and scale of
impacts on the environmental base of development.’ Law must be reformulated to keep
human activities in harmony with the unchanging and universal laws of nature (Brundtland,
1987). On occasion, courts have looked to treaties for the meaning of undefined terms in
national law. In Ramiah and Autard v. Minister of the Environment and Quality of Life (Mar. 7,
1997), the Mauritius Environment Appeal Tribunal looked to the Ramsar Convention for a
definition of wetlands, even though the convention had not yet been ratified by Mauritius. The
Ministry of Environment agreed that the Convention provided guidance on the issue. The
sources of international law that may become domestic law through incorporation generally
include those sources as listed under Article 38 of the Statute of the International Court of
Justice. The Statute refers to (a) international conventions, (b) international custom, (c) general
principles of law, and, (d) judicial decisions and doctrine, as subsidiary persuasive sources.

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