Nithyakalyani Narayanan. V
The Union Government was allegedly refusing the State of Karnataka financial support for drought management in violation of the Disaster Management Act of 2005 and the Manual for Drought Management, according to a writ suit filed by the State in the Supreme Court.
According to Articles 14 and 21 of the Constitution, the Disaster Management Act, 2005, the Manual for Drought Management, and the Guidelines on Constitution and Administration of the State Disaster Response Fund and National Disaster Response Fund, the State has argued that the Centre’s actions violate the fundamental rights of the people of Karnataka.
Karnataka Government claimed that, in accordance with the Manual for Drought Management, the Central Government must decide definitively, within a month after receiving the Inter-Ministerial Central Team (IMCT), whether to provide the State with assistance from the NDRF. From October 4–9, 2023, the IMCT report toured several districts affected by the drought and provided a report to the National Executive Committee, which was established in accordance with Section 9 of the Disaster Management Act, 2005. Even after nearly six months have passed since the publication of the aforementioned report, the Central Government has yet to make a definitive decision about the State’s support from the National Disaster Response Fund.
A total of 223 out of 236 taluks are classified as drought-affected for the Kharif 2023 season (which runs from June to September). Of these, 196 taluks are classified as badly impacted, and the remaining 27 are classified as moderately affected.
Through three Drought Relief Memorandums submitted in September–November 2023, the State Government has requested Rs. 18,171.44 crore under the National Disaster Response Fund (NDRF). These include Rs. 4663.12 crore for crop loss input subsidy, Rs. 12577.9 crore for gratuitous relief to families whose livelihoods have been severely affected by drought, Rs. 566.78 crore for addressing the shortage of drinking water at that time, and Rs. 363.68 crore for cattle care.
The State has projected a total loss of Rs. 35, 162.05 crore owing to crop destruction, and the Government of India has been asked to provide Rs. 18,171.44 crore in aid under the NDRF.
The argument is that the State’s citizens’ fundamental rights are being violated by the Union’s inaction, and as a result, the Government has filed a writ suit under Article 32 of the Constitution in accordance with its parens patria jurisdiction.
“In terms of the Disaster Management Act, 2005, Union of India is under obligation to render financial assistance to the State Governments. However, despite the calamity being of a severe nature, despite the constitution and visit of an Inter-Ministerial Central Team(IMCT) in October for a first-hand assessment of the humanitarian needs towards response and relief of immediate/temporary nature, damages caused and relief work carried out by the state and submission of their report for allocation of funds from NDRF, despite the submission of the sub Committee of the National Executive Committee’s report for allocation of the funds under NDRF to the High Level Committee(HLC) and despite repeated requests by the State, the Union of India has not convened the High Level Committee to take action on the Sub-Committee of the National Executive Committee’s report on the Memorandums submitted by the State Government seeking financial assistance, which has impaired the fundamental right to life guaranteed under Article 21 of the Constitution of India to its people,” the petition stated.
The State requests an order to the Ministry of Home Affairs to make a judgment right away and disburse funds to the State of Karnataka from the National Disaster Relief Fund.
Advocate DL Chidananda filed the plea and Advocate General (AG) K Shashi Kiran Shetty and Senior Advocate Devadatt Kamat settled it.