New Delhi, May 11: The Supreme Court today slammed the "ostrich-like" attitude of the Centre and three states to a possible drought-like situation and their lack of measures to ease the sufferings of an estimated 50 crore people.
The court passed a slew of directions for the Centre, saying it could not wash its hands of the matter by simply releasing funds to the states. The court named Gujarat, Haryana and Bihar.
"We are also quite surprised that the national disaster mitigation fund has not yet been set up even after 10 years of the enforcement of the Disaster Management Act, 2005. Risk assessment and risk management also appear to have little or no priority as far as the Union of India and the state governments are concerned," the bench of Justices Madan B. Lokur and N.V. Ramana said.
The order came on a PIL filed by an organisation, Swaraj Abhiyan, which complained of total apathy from the Centre and various states affected by severe drought conditions.
The court directed the Centre to constitute a national disaster response force in six months with appropriate and regular cadre strength.
It asked the government to set up a disaster mitigation fund in three months and formulate a national plan in terms of Section 11 of the Disaster Management Act, 2005, "at the very earliest".
The bench said the disaster management manual should be revised and updated on or before December 31, 2016, including in it measures like "prevention, preparedness and mitigation".
Justice Lokur said: "States of Bihar, Gujarat and Haryana are hesitant to even acknowledge, let alone address, a possible drought-like situation or a drought by not disclosing full facts about the prevailing conditions in these states.
"A candid admission does not imply a loss of face or invite imputations of ineffective governance - it is an acknowledgement of reality. An ostrich-like attitude is a pity, particularly since the persons affected by a possible drought-like situation usually belong to the most vulnerable sections of society.
"The sound of silence coming from these states subjects the vulnerable to further distress."
The court noted: "Ironically, towards the fag end of the hearing, Gujarat finally admitted the existence of a drought in five districts - a fact that could have been admitted much earlier. But at least, it is better late than never. However, Bihar and Haryana continue to be in denial mode.
"The failure of these states to declare a drought (if indeed that is necessary) effectively deprives the weak in the state the assistance that they need to live a life of dignity as guaranteed under Article 21 of the Constitution."
The PIL was filed in the backdrop of a declaration of drought in some districts or parts of nine states: Uttar Pradesh, Madhya Pradesh, Karnataka, Andhra Pradesh, Telangana, Maharashtra, Odisha, Jharkhand and Chhattisgarh.





