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In a strong indictment of Centre and states’ handling of the drought situation, the Supreme Court on Wednesday said if state governments maintain an “ostrich-like attitude”, Centre cannot wash its hands of constitutional responsibility, since the “buck stops” with it.
The apex court, giving its judgment on a public interest litigation by Swaraj Abhiyan on drought, also directed Centre to constitute a national disaster response force, as mandated by the Disaster Management Act, 2005, within the next six months.
It also directed it to set up a disaster mitigation fund within three months, as mandated by the Act and formulate a national plan on disaster management at the earliest.
The apex court also urged the central government to update the drought management manual by December 31 in a manner which gives proper weightage to both amount of rainfall and crop-sown area, before declaring drought.
The new manual should use standardised nomenclature for drought; have less state-specific parameters and highlight the need for using modern technology to make an early determination of drought.
The Bench said if Centre and state governments fail to respond to a developing crisis or a crisis-in-the-making, then the judiciary “can and must” consider issuing appropriate directions, but a “Lakshman rekha” must be drawn.
“Surely, if a state government maintains an ostrich-like attitude, a disaster requires a far more proactive and nuanced response from the Union of India,” the apex court said, in its 53-page judgment, while citing Bal Gangadhar Tilak’s quote, “The problem is not lack of resources or capability, but the lack of will.”
It pulled up Bihar and Haryana for their continued denial of having a drought-like situation but said that towards the fag end, Gujarat admitted the existence of drought in its five districts.
“Risk assessment and risk management gives way, in Gujarat, to crisis management,” it said.
The apex court also said that it was known in October 2015 that several districts in these three states were facing varying degrees of drought “yet, no preparatory steps appear to have been taken to tackle a possible disaster.”
The Bench directed the secretary, agriculture ministry, to urgently hold a meeting within a week with the chief secretaries of Bihar, Gujarat and Haryana to review the apparent drought situation with all available data.
WHAT THE APEX COURT SAID
The image is used for representational purpose only. Photograph: Amit Dave/Reuters
