NEW DELHI, Aug 2: Northeastern states including Meghalaya and Kerala might have to brace for strict containment measures, including lockdowns, under the National Disaster Management Act, 2005 by the Centre in view of the rising COVID-19 cases despite continued efforts by the respective state governments.
The situation is especially worrying in the Northeast with Manipur, Meghalaya, Mizoram and Nagaland witnessing a surge in infections, Health Ministry sources said.
However, the Centre is waiting for a report from the teams of the National Centre for Disease Control (NCDC) to gauge how these states are tackling the detection and the care of their COVID patients.
The Centre however remains apprehensive that by not imposing strict measures and preventing people from intermingling, the disease would spread and neighbouring states would also be affected.
The Centre is also worried that if COVID spreads unchecked it could also lead to mutation and the emergence of new variants which could hamper the Centre’s ongoing vaccination programme.
The sources stated that though the Centre had set aside the NDMA since May, they may reluctantly use it to enforce stringent containment measures in some of the states as the situation cannot be allowed to drift.
The significant loss of lives and resources during the second wave weighs heavily on the minds of people and the government. A new variant can impact the vaccine programme, it added.
The situation in the southern state of Kerala also continues to be a major source of concern for the Centre.
Incidentally, COVID-19 is the first pan-India biological disaster being handled by the legal and constitutional institutions of the country.
The legislative intent of the Disaster Management Act was to, “provide for the effective management of disasters”. The NDMA is the nodal central body for coordinating disaster management, with the Prime Minister as its Chairperson. The NDMA lays down policies, plans and guidelines for management of disaster. Similarly, state, district and local disaster management authorities were established, manned by high functionaries and these agencies are envisaged to work in coordination.
Power bestowed by DM Act on the central government and NDMA are extensive. The Centre, irrespective of any law in force (including overriding powers) can issue any directions to any authority anywhere in India to facilitate or assist in the disaster management (under Sections 35, 62 and 72).
Importantly, any such directions issued by the central government and NDMA must necessarily be followed by the Union Ministries, state governments and State Disaster Management Authorities.
Being the Chairperson, the Prime Minister can exercise all powers of NDMA. This ensures that there is adequate political and constitutional heft behind the decisions made.
The national lockdown in 2020 was imposed under DM Act to take measures for ensuring social distancing so as to prevent the spread of COVID 19. Additional guidelines were issued by the Ministry of Home Affairs.
State governments, in addition to DM Act, also use the Epidemic Diseases Act, 1897 and the various state specific Public Health Acts.
