Why in News?
Recently, the Ministry of Jal Shakti has informed the Rajya Sabha that the states of Rajasthan, Manipur, Uttarakhand and erstwhile State of Jammu & Kashmir had enacted the National Floodplains Zoning Policy.
- However, floodplain delineation and demarcation is yet to be undertaken. Previously, in the Kerala assembly, the Comptroller and Auditor General of India (CAG) presented a report on flood preparedness and response.
- The report revealed that the state is yet to enact flood plain zoning legislation, i.e. 45 years after the Union Government circulated a model draft bill for flood plain zoning legislation to all states.
Flood Plain Zoning-
- It is a system for setting the level of flooding risk for different areas of a country. Flood plain zoning means dividing the total flood area into different zones and to restrict the occupancy of the different zones of the flood plain uses which will suffer little or no damage during floods.
- The basic concept of flood plain zoning is to regulate land use in the flood plains to restrict the damage caused by floods.
- Flood Plain Zoning has been recognized as an effective non structural flood mitigation measures.
- Governments can then make laws in respect of development work in the different zones.
Objectives of flood plain zoning-
- To restrict the encroachment of the zone that frequently comes under the influence of flood.
- To direct selected activities in the zone which come under the influence of the flood less frequently in such manner that they are prone to flood damage.
- To demarcate the zones which are related to flood only on rare occasions.
Features-
- Determining Developmental Activities- Its aim is to determining the locations and the extent of areas for developmental activities in such a way that the damage is reduced to a minimum.
- Adds Limitations- It envisions laying down limitations on development of both the unprotected and protected areas.
- In the unprotected areas, boundaries of areas in which developmental activities will be banned are to be established to prevent indiscriminate growth.
- In the protected areas, only such developmental activities can be permitted, which will not contain heavy damage in case the protective measures fail.
- Utility- Zoning cannot remedy prevailing situations, although, it will definitely aid in minimising flood damage in new developments.
- Flood plain zoning is not only necessary in the event of floods by rivers but it is also useful in reducing the damage caused by drainage congestion especially in urban areas.
India’s Status of Vulnerability to Floods-
- India’s high risk and vulnerability is pointed out by the fact that 40 million hectares out of a geographical area of 3290 lakh hectares is prone to floods.
- On an average every year, 75 lakh hectares of land is affected, 1600 lives are lost and the damage caused to crops, houses and public utilities is Rs. 1805 crores due to floods.
Model Bill for Flood Plain Zoning-
- The Bill provides clauses about flood zoning authorities, surveys and delineation of flood plain area, notification of limits of flood plains, prohibition of the use of the flood plains, compensation and importantly eliminating obstructions to ensure free flow of water.
- It offers to replace dwellings in low lying areas by parks and playgrounds as absence of human settlement in those areas would reduce loss of lives and property.
Challenges in Implementation-
- There has been resistance on the part of the states to follow-up the many aspects of floodplain management including possible legislation.
- The reluctance of the states is primarily due to population pressure and want of alternative livelihood systems.
- The lukewarm response of the states for the enactment and enforcement of the floodplain regulations has ignited a significant increase in the encroachments into the flood plains, sometimes authorised and duly approved by the town planning authorities.
Related Constitutional Provisions and Other Measures-
- Based on the inclusion of drainage and embankments as entry 17 of List II (State List), flood control has been seen to fall under the ambit of the state government, except in the case of “regulation and development of inter-state rivers and river valleys” which is mentioned in entry 56 of List I (Union List).
- Flood plain zoning is rigidly within the state government’s ambit as it deals with the land along the riverbanks and land is a state subject under entry 18 of List II.
- The role of the central government can only be to issue advisories and prescribe guidelines.
- Flood control and mitigation are not directly mentioned in any of the 03 legislative lists included in the seventh schedule Constitution.
- The National Disaster Management Authority (NDMA) in 2008 has published guidelines for states for floodplain zoning as an important “non-structural measure” to mitigate floods.
- It suggested that areas likely to be affected by floods in a frequency of 10 years should be reserved for green areas such as parks, gardens and others while concrete structures should not be permitted there.
- It also mentions about other zones in the floodplain like in areas of flooding in a 25 year frequency and asked states to make plans accordingly in those areas.
Way Forward-
As floods cause significant damage to life and property every year, it is time for the central and state governments to develop a long term plan that goes beyond gradual measures such as building embankments and dredging to control floods.
There is a need for an integrated basin management plan that comprises all river-basin sharing countries as well as Indian states on board.