There has
been a paradigm shift in the approach to disaster management in the country.
The New approach proceeds from the conviction that development cannot be
sustainable unless disaster mitigation is built into the development process.
The New policy also emanates from the belief that investments in mitigation are
much more cost effective than expenditure on relief and rehabilitation.
Disaster management occupies an important place
in the country's policy framework as it is the poor and the under-privileged
who are worst affected on account of calamities/disasters. The approach has
been translated into a National Disaster framework covering institutional
mechanism, disaster prevention strategy, early warning systems, disaster
mitigation preparedness and response including human resource development.
Disaster prevention is defined to encompass activities designed to provide
permanent protection from disasters; which will include engineering and other
physical protective measures, and also legislative measures controlling land
use and urban planning.
The goals of prevention is (a) to ensure that
all New buildings are designed and constructed with proper engineering
intervention taking due care for safety against natural hazards in urban as
well as in rural areas so that no unsafe buildings are added to the huge
existing stock of unsafe buildings; (b) to ensure upgrading the safety of
buildings in the public sector by retrofitting techniques and encourage similar
action regarding buildings in the private sector. National standards/codes on
disaster resistant structures including the National Building Code of the
country are second to none in technical contents. However, to make their use
mandatory, proper enabling provisions are required in the legal framework of
the country. Laws pertaining to planning, development and building construction
are very important to achieve planned and safe development in urban and rural
areas. Building standards/regulations are derived from various laws pertaining
to planning and development of different states.
They provide the mandatory techno-legal
framework for regulating building activity from planning, design to completion
of construction. To make the techno-legal regime in the country sound enough to
ensure safe construction, a road map has already been drawn by the Government.
This includes modification in the existing laws, development control rules,
byelaws. The first step in this road map is preparation of Model Town and
Country Planning Legislation, Zoning Regulations, Development Control, Building
Regulations/Bye-laws. Action interactive with State Government through
Workshops and further follow up action including capacity building exercise are
the subsequent steps for ensuring adequate and effective techno-legal regime in
the country.
Recent earthquake of 18th Sepxember 2011 have
clearly exposed the vulnerability of our building structure, which caused wide
spread damage resulting in loss of lives and property. This is mainly due to
faulty design and construction practices which do not follow earthquake
resistant features specified in Indian Standards and Building Codes.
Legal support for planned development /
growth of Urban and Rural areas
Building Regulations/Bye-laws provide the
mandatory techno-legal framework for regulating building activity from
planning, design to completion of construction. Mainly such laws are State
Legislations as the State is competent to legislate and make laws on such
subjects. However, where the Central Government is to legislate on such
subjects and where Parliament is to make law in this behalf such legislations
are applicable in the Union Territories and in the State such as Delhi, For
other States, such Central laws are advisory and recommendatory in nature.
Taking this legislation as Model, other State Governments formulate the rules
and regulations with the help of local bodies, under the various legislations.
After the approval, the concerned local bodies enforce these rules and
regulations pertaining to development and building standards as building
regulations/building bye-laws in their respective areas.
Authorities for controlling development
To regulate the growth of urban areas, the State
Governments notify areas for planned growth under certain laws. These are
notified under relevant Planning and Development Act. State Governments
formulate the rules and regulations with the help of the local bodies, under
the various legislation. After the approval, the concerned local bodies enforce
these rules and regulations pertaining to development and building standards as
building regulation/building bye-laws in their respective areas.
Capacity Building
Elaborate planning has been made for capacity
building of architects/engineers to deal with the design and construction of
safe structures. Training programme for engineers and architects are being
organized to impart knowledge about seismically safe construction and
implementation of codal provisions.
Implementation of the recommendation
A series of workshops in the States and
Districts have been planned so as to dissemination the recommendation of the
Model Techno-legal Regime so as to help them to actually modify their
Acts/Development Control Rules/Bye-laws, as applicable. It is hoped that all
these efforts should lead to Building a New Techno-Legal Regime for a safer
Sikkim against the natural hazards