The failure of the Kollam district authorities to prevent the fireworks tragedy at Paravur on Sunday despite the sweeping powers they enjoy under the Disaster Management Act 2005 has opened up a debate among officials.
According to the Standard Operating Procedure (SOP) for religious mass gatherings issued by the Institute for Land and Disaster Management (ILDM) last year, the District Disaster Management Authority (DDMA), chaired by the District Collector, can invoke the Act to enforce safety regulations at mass gatherings marking religious festivals.
The DDMA chairperson can intervene in the festival preparedness process or response operations in view of public safety. “The Authority can act on its own to enforce safety during religious mass gatherings, without waiting for an executive order,” says a key government official. He cited the case of the Thiruvananthapuram DDMA invoking the Act to remove illegal constructions posing a hurdle to flood control activities in the capital city.
Officials said the sweeping powers given to officials under the DM Act would enable them to enforce safety regulations. The Act empowers officials to take appropriate action to prevent disasters and prescribes stern action against those who obstruct officials tasked with disaster management responsibilities and fail to comply with their directions. Officials also face heavy punishment for dereliction of duty.
The State government is also empowered by the DM Act to issue legal orders within the framework suggested by the National Disaster Management Authority on planning, monitoring, and controlling mass gatherings. “But that will be a policy decision of the government. It will bring all mass gatherings under its ambit. Once an SOP is issued as a legal order, organisers of religious festivals will be bound to comply with it,” says an expert.
