73 CHAPTER III THE DIFFERENT HUES OF DISASTERS 3.1 Introduction The history of mankind is a continuous record of disastrous calamities. Some of these are beyond the control of human-beings whereas others are man-made and within his control. These calamities disrupt and destroy peaceful human life, its prosperity and well-being.1 2 India, with its vast territory and large population, experiences many disasters annually and these disasters have common roots in the natural, socio-economic and political environment of the region as a whole. The Indian sub-continent, which is one of the most disaster-prone areas in the world, is a land of geographical and climatological extremes.3 So it comes as no surprise that, of its total area, an estimated 28 percent is drought prone, about 65 percent earthquake prone and about 40 million hectares of landmass prone to floods, and the country’s 7516 kilometers coastline is a favourite whipping boy of cyclones with high-velocity winds and heavy rainfalls pummelling the coastal states causing incalculable damage by killing scores and destroying entire fishing fleets and communities every year.4 Compounding the variety of natural disasters is the heterogeneity of man made disasters. Industrial accidents, fires, epidemics, communal riots, etc. pepper the country and terror activities add fuel to the fire. 1 S.N.Kulkami, “Famines, Droughts and Scarcities in India”, Allahabad: Chugh Publications, 1990, p.L 2 Monica Trujillo, Amado Ordonez, Rafael Hernandez, “Risk-Mapping and Local Capacities: Lessons from Mexico and Central America”, Oxford: Oxfam Publications, 2000, p.30. 3 Biswaroop Das, “Some Aspects of Disasters Mitigation and Management in India”, vol. 48,I.J.P.A., 2002, p.185. 4 S.Parasuraman and P.V.Unnikrishnan, “Disaster Response in India: An Overview”, vol.63,1.J.S.W., 2002, pp. 152-153. 74 The resultant disaster related loss figures in India, though by and large unnoticed by the general public, are quite disheartening: every year the average loss of human life is around 3,600; crop area affected is 1.42 million hectares and houses damaged are 2.36 million. Thus since decades, one after another, disasters have shattered this sub-continent with irreparable loss of life and property.5 The list of hazards that turn into disasters is a long one and the categorization of disasters varies according to geographical and social settings in which they are located. Every disaster adds a new dimension to human sufferings and the realities that confront disaster-affected communities often challenge the conventional academic definitions and classifications.6 7 8 In the absence of any rigid official classification, observations from the field suggest several catagories of disasters according to various criteria based on different factors. Amongst them, the most classic eatagorisation being Natural and HumanMade disasters is based on the nature or origin of the hazard. And the other classifications are: Sudden/Rapid disasters and Gradual/Slow/Creeping disasters based on the occurrence or onset of the hazard; Major and Minor disasters9 based 10 on the geographical magnitude or scope of impact on the number of people; Single event and Compound events disasters10 based on numbers or the chain of hazards that culminate into a disaster.11 5 Subhradipta Sarkar and Archana Sharma, “The Disasters in Waiting?”, Lawyers Collective, AugustSeptember 2006, p.27. 6 S.Parasuraman and P.V.Unnikrishnan, Supra note 4, p.153 7 For example, earthquakes, tsunamis, tropical storms, industrial and transport accidents, etc. 8 For example, droughts, famines, desertification, environmental degradation, pollution, climate change, etc. 9 This classification is highly criticized for the reason that, some authorities try to use the number of fatalities and the damage-destruction potential, as a yard stick to calculate the size of the disaster which is quite misleading and inhuman in its approach because from the perspective of a disaster victim, it is not particularly useful to distinguish between minor and major disasters. 10 Compound disasters are those events that happen sequentially or occur simultaneously. For example, in 1996, the flood-accumulated water in the state of Rajasthan, became an ideal breeding ground for 75 But currently, the most popularly accepted classification is the classic catagorisation of disasters as natural and human-made. Practically, there are no sharp boundaries and no real dividing lines between these two disaster types. Instead, there are much overlappings in the details of these phenomena which render thenclassification more difficult and complicated.12 In fact, this catagorisation is purely for explanatory purposes with a view for better understanding of the events. Therefore, especially for the large number of people in several states of India, the distinction between disasters is academic: for them, almost all disasters are major and occur constantly, irrespective of their nature or origin.13 3.2 Natural Disasters A natural environment is an abode of geophysical complexities which among other things continues to produce a variety of natural events like cyclones, earthquakes, tidal waves, volcanic eruptions, floods, etc.14 These events are those powerful elements of the physical environment which are harmful to man and that those are caused by forces extraneous to him. They are generally associated with the geographical setting, the geological history, the typographical features of the area and the ones triggered by a cumulative effect of a number of such factors.15 mosquitoes which ignited vector proliferation, leading to the outbreak of malaria epidemic. The latter took a heavy toll, far more than that of the flood-disaster itself These disasters create problems of classification as the multiple events are reported under more than one heading, like cyclones and floods often occur together, whilst landslides are associated with earthquakes, volcanic eruptions, storms and heavy rainfalls as well. So, to avoid double counting, such compound events are recorded once only according to the major cause of impact 11 Surinder Jaswal, “Psychosocial Aspects ofDisasters: An Introduction", vol. 63,1.J.S.W., 2002, p.141 12 David Alexander, “Confronting Catastrophe”, New York: Oxford University Press, 2000, p,21 13 S.Parasuraman and P.V.Unnikrishnan, “Disaster Response in India: An Overview', S.Parasuraman and P.V.Unnikrishan, (ed) in, “India Disasters Report-Towards a Policy Initiative", New Delhi: Oxford University Press, 2000, p.4 14 Biswaroop Das, Supra note 3, p. 183. 15 P.C.Sinha, “Encyclopaedia of Disaster Management Series-Technological Disasters", New Delhi: Anmol Publications Pvt. Ltd., 1998, p.37 76 Though natural disasters are predictable to some degree, they are not possibly stoppable or controllable. So universally, they are seen and understand as ‘Acts of God’. They cause great damage to both natural and built-up environment. The extent of loss that natural disasters wreak is not limited to economic losses, and loss of lives and homelessness, but they result in various intangible, acute life-long psychological disturbances due to bereavement.16 Natural events are either divided into endogenous earth origin viz., earthquake and volcanic hazards, and exogenous earth origin viz., floods, drought, avalanches, etc., or broadly classified into atmospheric,17 hydrological,18 and geological19 hazards. But in practice, the most severe hazards arise from compound or synergistic effects of any of these hazards, as when cyclonic winds and rains produce storm surges and floods, or when earthquakes set off landslides or flash floods, etc.20 In the study undertaken, under the above mentioned heading, natural disasters of sudden impact, that are common to the Indian scenario only are discussed and dealt with. 3.2.1 Earthquakes Earthquakes are among the deadliest and most destructive of natural disasters. They unleash energies on the scale of nuclear explosions.21 Of all natural calamities, earthquakes stand alone because they are least predictable in space, time, magnitude and frequency. Although the more vulnerable areas are broadly earmarked, they are 16 Kishor.C.Samal, Shibalal Meher, Nilakantha Panigrahi, Srikanta Mohanty, “State, NGOs and Disaster Management”, Jaipur: Rawat Publications, 2005, p.21 17 For example, rains, glaze (freezing rains), hail storms, blizzards, lightnings, cyclones, tornadoes, heat waves, cold spells, fog, or high velocity winds. 18 For example, floods, tsunamis, glacier advance, storm surges, etc 19 For example, earthquakes, volcanic eruptions, landslides, mudslides, avalanches, subsidences, erosions, silting or shifting sands. 20 Keith Smith, “Environmental Hazards-Assessing Risk and Reducing Disaster2nd ed., London: Routledge, 1996, pp. 17-18. 21 An earthquake of magnitude 6.0 on the Ritcher Scale, releases energy almost equal to that of the Hiroshima atomic bomb. 77 not confined to specific places or times, for they come as a bolt from the blue, anywhere, anytime and kill and maim thousands of people and devastate all that the civilizations have built with efforts for many years.22 These destructive earthquakes originate in the interior of the earth, and are causal by earth movements, especially the movement of some fifteen recognized lithospheric plates or discontinuous masses of the earth’s crust: the visible parts of the plates being continents.23 These vast land plates literally float on an ocean of semimolten rock which surrounds a solid inner core, the main source of the earth’s heat24 The plates are in constant motion at perhaps 20-50mm/yr, moving either, side by side (transcursion)25 or, towards each other (collision/convergence)26 or away from each other (divergence/shearing). 97 So, most of the earthquakes are generated along the tectonically active margins of these major plates where stresses are caused by their movements and sometimes they also occur at weak points within the plates. Hence the abrading stresses, due to movements, release the internal energy on the earth’s surface by 22 B.G.Deshpande, “Disaster Management in Earthquakes”, R.B.Singh, (ed) in, “Disaster Management’, Jaipur: Rawat Publications, 2000, pp. 159-160. 23 Ibid., p.160 24 Y.S.Gill, “The science ofDisasters”, S.Parasuraman and P.V.Unnikrishnan , (ed) in, “India Disasters Report-Towards a policy Initiative ”, New Delhi: Oxford University Press, 2000, p. 87 25 Transcursion takes place when two plates slide past each other laterally along a series of tear or transcurrent faults. For example, as m the San Andreas fault between the Pacific and North American plates and the Alpine fault in New Zealand separating the Pacific and Fiji plates. 26 Collision/convergence occurs, either when plates collide or converge and reduce is size, for example, the Himalayan mountain ranges which were formed when the Indo-Australian plate collided with the Eurasian plate : the Indian sub continent, once part of a super continent called Gondwanaland, which consisted also of present day Africa, Australia and Antarctica, broke away about 100 million years ago and crawled northwards and slid under the Asian landmass, forming the Himalayan ranges, when its upper layers peeled and thrust upward. Or the above mechanism takes place when one of the two plates bends down to pass beneath the other in a subduction zone, usually beneath the oceans, thereby triggering earthquakes and notorious tsunamis. And also as per the researches from the US-based University of California, quakes are also generated by strong tides in subduction areas with faults occurring at shallow depths. In particular, in the subduction zones near the coasts of Japan. 27 Divergence or shearing occurs when tectonic plates move apart horizontally and grow in area, for example, the Mid-Atlantic Ridge. 78 ultimately fracturing the rocks along the weak planes (the ‘faults’) through incredibly powerful ‘shockwaves’ in upward and lateral jerks causing devastation. Further, the fractured rocks jostle for position in a series of ‘aftershocks’, causing more damage, sometimes greater than the original spasms. OR These shockwaves and aftershocks give rise to a variety of earthquake phenomena like, ground shaking, fruit rupture, tectonic deformation, soil liquefaction,29 changes in groundwater hydrology, land and mudslides, rock fells, submarine avalanches, snow and ice avalanches, tsunamis, and seiches.30 Sometimes, these phenomena are minor and are not even felt or noticed by the people. But when they exceed a certain limit in magnitude, damage occurs in various proportions on the surface affecting man and his built environment.32 For example, loss of life and property due to collapse of buildings, bridges, dams, tunnels and other rigid structures, rupture of communication lines, pipelines and other utilities, fires and explosions due to leakage of stored chemicals and gases, and floods from water bodies.33 28 Ravi Chopra, “Earthquakes: Reconfiguring Lives and Landscapes”, S.Parasuraman and P.V.Unnikrishnan, (ed) in, “India Disasters Report-Towards a Policy Initiative”, New Delhi: Oxford University Press, 2000, p. 201. 29 Soil liquefaction is the process by which water-saturated sediments temporarily lose strength, because of strong shaking, and behave as a fluid, usually at depths less than ten meters and thus causing damage to pipelines, bridge piers and other structures with shallow foundations, especially those located near river channels or canal banks on floodplains. 30 Seiches are smaller water waves created in lakes and reservoirs, usually at some distance from the earthquake source that cause a flood when water spills over. 31 Earthquake Magnitude is described as the total energy of the seismic waves radiating outwards from the earthquake, at a normalized distance of 100 kilometers from the source. The source point for earthquake measurement is the epicentre, which lies on the earth’s surface directly above the hypocenter and the latter is the point of rupture which occurs anywhere between the earth’s surface and a depth of 700 kilometers. The magnitude is assessed on one of the various scales based on the work of Charles Ritcher. An earthquake of magnitude 8 (M8) represents seismograph amplitudes ten times larger than an earthquake of M7. Each successive whole number on the Ritcher Scale represents an increase of about thirty times in the energy released. 32 B.G.Deshpande, Supra note 22, p. 160. 33 Keith Smith, Supra note 20, p. 124. 79 Thus, earthquakes top the scale of immediate mortality and structural destruction. They dominate the graph of lethality in the whole of the world by affecting at least thirty-five countries.34 Between 1970 and 1990, they killed more than 4,00,000 people world-wide and caused overall economic losses estimated at 65 billion US$. About two-thirds of the world’s large earthquakes occur in the so called ‘Ring of Fire’ Pacific belt. The other most important earthquake zone stretches from Indonesia through the Andaman Nicobar islands, the Himalayas, the Middle East and the Alps to the Western Mediterranean and North Africa. And around 75percent of the world’s earthquake deaths occur in this zone, which is more densely populated than the circum-pacific belt.35 India, belonging to one of the world’s most active seismic swathe, the Himalayan-Alpine belt, experiences earthquakes of magnitude 6.0 or more on the Ritcher Scale on a regular basis. More than 65 percent of India’s land mass is vulnerable to earthquakes of different intensities.36 According to the seismic zoning map of India, there are five seismic zones graded and demarcated in accordance with their vulnerability to earthquakes: most severe or very high risk zone (Zone V) liable to seismic intensity 9 on Ritcher Scale; high risk zone (Zone IV) liable to seismic intensity 8; moderate risk zone (Zone III) liable to quakes of intensity 7; low risk zone (Zone II) with probable seismic intensity of 6-7; and very low risk zone (Zone I) with quake intensity below 6.37 Much of India-57 percent of the land surface lies in the 34 Debarati Guha Sapir, “Disasters in South Asia”, S.Parasuraman and P.V.Unnikrishnan, (ed) in, “India Disasters Report-Towards a Policy Initiative”, New Delhi: Oxford University Press, 2000, p. 25. 35 P.C.Sinha, “Encyclopaedia of Disaster Management Series-Introduction to Disaster Management', New Delhi: Anmol Publications Pvt. Ltd., 1998, p. 87. 36 “65% ofIndia’s Terrainfound Quake-Prone”, Times oflndia, April 21,2007, p. 7 37 Amamath.K.Menon, “The Next Big One”, India Today, October 24,2005, p. 82. 80 high risk and moderate risk zones, 12 percent in the very high risk zone and the rest in the low or very low category.38 To elucidate, they raze the Himalayan region39 and the Indo-Gangetie plains in the north, the Seven Sister states in the north-east, the Gujarat belt in the west, the Deccan plateau in the centre and the south, and the Andamans in the south- east end. Thus, with the possible exception of parts of Rajasthan and bits of Karnataka, the whole sub-continent is prone to tremors.40 Some of the country’s biggest quakes have occurred in Jammu and Kashmir,41 Bihar,42 Uttar Pradesh,43 Gujarat,44 Maharashtra,45 North-eastern region,46 and the Andaman islands.47 Therefore of all natural disasters, earth-quakes are the only unintimidated ones, who rarely announce their arrival in advance. Even the strongest quakes are over in a matter of moments leaving behind death and devastation that occupy victims and caregivers for years.48 The extent of damage and destruction is not proportionate to an earthquake’s magnitude especially in a developing nation like India, for its 38 Anuradha Raman and Madhavi Tata, “ When the Plates go Crashing”, Outlook, October 24,2005, p.44 9 To this day, the Indian plate is still barging into the Asian plate at about five centimeters every year. Seismic studies show that great earthquakes have occurred along the length of the Himalayas since centuries and more bigger ones are expected in the future with tremendous seismic stresses building up in the region. 40 Anuradha Raman and Madhavi Tata, Supra note 38, pp. 44-46. 41 In Kangra (1905), an earthquake with 8.6(M) killed over 19,000 people, and in Pakistan Occupied Kashmir(POK)region(2005), tremors with 7.6 (M) killed more than 1300 people in Baramulla, Kupwara, Uri, Tangadhar and many more places. 42 In 1934, with a quake intensity of 8.3(M), 10,700 people were killed, and in 1988, an earthquake measuring 6.6 (M) killed 1,400 people. 43 In 1991, about 2000 people were killed in a 7.0 (M) trembler in northern Uttar Pradesh hills, and in 1999 in Chamoli region, hundreds were killed in a 6.8 (M) earthquake 44 In Anjar (1956), a tremor with 7.0 (M) killed about 1200 people, and in 2001, a quake of 7.7 (M) killed more than 14,000 people in Kutch, Ahmedabad and neighbouring towns and villages. 45 In Koyna (1967), a reservoir induced earthquake with 6.3 (M), killed about 2000 people, and in Latur and Osmanabad (1993) more than 10,000 people lost their lives in a tremor of 6.5 (M). 46 In Assam, earthquake in Srimangal (1918) with 7.6 (M) and Dhubri (1930) with 7.1 (M); in Arunachal Pradesh (1950) a quake with 8.5 (M); and in Manipur (1988) tremors with 6.6(M), claimed scores of lives in the affected region. 47 These islands were destructed by tremors and tsunamis in 1941 and 2004 with earthquakes 8.5 (M) and 9.3 (M) respectively, triggered in Sumatra Islands. 48 Ravi Chopra, Supra note 28. 81 impact is an unpredictable variable.49 The high losses are due to a combination of several factors like, land topography, soil condition, ground movement frequency, duration, the time of occurrence,50 plus prime deciding factors like, the quality of structures and the local population density.51 Thus in the aftermath of earthquakes, the impacts are often widespread and the effects ongoing. The threat of injury continues for weeks with the possibility of repeated aftershocks. And disruptions are experienced for several years as survivors are relocated and towns rebuilt.52 3.2.2 Tsunamis Tsunamis are considered to be relatively rare events. Tsunamis or seismic sea waves are the most characteristic earthquake-related hazards. The word ‘Tsunami’ comes from two Japanese words, ’tsu’ meaning port or harbour and ‘namV meaning wave or sea.53 They savagely attack coastlines, claiming lives and destroying properties. According to British engineer Robert Mallet, one of the world’s first “seismologists”, tsunamis are caused by underwater land slippages.54 They result from tectonic displacement of the sea bed associated with large shallow focus earthquakes, submarine volcanic eruptions or landslides under the oceans. But sometimes, they are 49 Ibid., p. 203. 50 Although the time or day when an event occurs may have little effect on the structural damage caused, it can influence the number of casualties. For example, the 1992 earthquake at Erzincan, Turkey, claimed only 547 lives, largely because it happened in the early evening when many people were worshipping in local mosques which proved to be relatively earthquake-resistant. By contrast, the 1993 earthquake of similar magnitude in the state of Maharashtra killed 9,475 people, mainly because it took place at night when most of them were sleeping in poorly constructed houses. 51 Keith Smith, supra note 20, p. 121. 52 N.R.Pande, S.S.Phadke, M.S.Dalal and M.M.Agashe, “Merited Health Care in Marathwada Earthquake Disaster- Organisation ofServiced, vol. 61,1.J.S.W., 2000, p.631. 53 Chetan Kumar, “Tsunami”, The Indian Express, August 17,2005, p. 3. 54 P.C.Sinha, “Encyclopaedia of Disaster Management-Hydrological Disasters”, vol. 2, New Delhi: Anmol Publications Pvt. Ltd., 1998, p. 103. 82 also caused by inland earthquakes or volcanoes near the ocean or large rock fells into confined bays. In simple terms, a tsunami is produced when there is an impulsive disturbance of the earth’s crust that rapidly displaces a large mass of water.55 For example, the great Asian tsunami of December 200456 was the result of the underwater earthquake that occurred when the Indo-Australian plated plunged beneath the South-Eastern Eurasian plate, whereby before the quake, the edge of the Eurasian plate was dragged downward by the descending Indo-Australian plate and the tremor which released the edge of the former plate sprang back up, setting off the deadly tsunami.57 A tsunami is not just a single wave but almost always a series of waves that travel miles together from the epicenter of the earthquake58 in the deep open waters at a speed of about 500-1000 km/hr. They are so low that they often pass ships and boats in the open sea, unnoticed.59 As these waves approach the shallow waters near the shore and run up the sloping sea floor, the increased frictional drag lowers their wavelength, and as they slow, the waves adjust by compressing and increasing their height. During this run-up phase, sometimes the waves very well attain heights in excess of 20 meters.60 55 Erach Bharueha, “Environmental Studies”, Hyderabad: Universities Press (India) Pvt. Ltd., 2005, p. 151. 56 The Asian tsunami of 2004, one of the world’s deadliest tsunami in recorded history, killed an estimated of 3,10,000 people along the Sumatra-Andaman islands and the coasts of Srilanka and Southern India. In India, the tsunami claimed over 10,273 lives and rendered more than 2,39,024 families homeless by sweeping away 1,089 villages in Tamil Nadu, Andhra Pradesh, Andaman and Nicobar islands, Kerala and Pondicherry. 57 Ritu Gupta, “Tsunamis Unravelled', Down to earth, June 30,2005, p. 38 58 An analysis of December 2004 tsunami in the Indian Ocean showed that it was so powerful that it circled the globe at least twice, and swells ranging from a few centimeters to one meter were recorded along the west coast of the US, the east coast of Brazil and distant locations. 59 In 1987, one of the Japan’s worst tsunami which was the result of an undo-sea quake killed about 27,000 people on the Sanriku coast of northern Honshu Island. During the disaster, the fishermen who were far out in the sea did not notice the waves passing beneath their boats, but upon their return they found their kin lost and villages destroyed. 60 Keith Smith, Supra note 20, pp.134-135 83 Peter Vemey, a writer on quakes and related matters, describes a “typical” tsunami as follow: “First comes ‘the smooth one’, in which the sea gently rises beyond the high tide mark. This is followed by a violent sucking sound as the sea retreats, leaving rocks, reefs and sunken ships exposed, and anchored ships on dry ground. Then with a huge roar comes a wave at a speed of upto 200 kph-depending on the slope of the coast-sweeping everything before it. The water may remain high for 10-15 minutes or longer. Then with a great sucking noise, it withdraws, taking wreckage out to sea. Following waves, moving at slower speeds, ‘come to finish the job’.61 Thus the notorious tsunamis, with their tremendous water power, pose a threat to several coastal countries world wide. The most active territory is the Circum Pacific region with the coasts of Japan,62 South America and the Aleutian Islands (off Alaska) being the most vulnerable tsunami areas in the world. Though the Pacific is the most dangerous tsunami area, one of the world’s deadliest such event killed an estimated 2,00,000 people along India’s densely populated Bengal coast in 1876.63 So accordingly, tsunamis are neither new, nor a rare phenomena in India. According to the Department of Ocean Development, the Indian waters have experienced tsunamis since decades, although not many on the scale. The few recorded ones of the yesteryear have been noted in 1881 and 1883 in the Bay of Bengal and in 1945 in the Arabian Sea.64 And for a few others, the department agrees that there are no proper official records available. For instance, one such tsunami which was experienced in the 61 P.C.Sinha, Supra note 54, p.104 62 For centuries, Japan has been the most earthquake and tsunami affected country. A few major tsunamis triggered by off-coast earthquakes occurred in: June 1896 with a loss of 27,000 lives; March 1933 with 6,000 lives lost; May 1960 with 142 dead; July 1993 with 200 dead; and the latest in March 2011 with a toll of over 24,000 lives. 63 Keith Smith, Supra note 20, p.131 64 “Another Tsunami by Year-End? ”, The New Indian Express, September 28, 2005, p.6. 84 Andamans in 1941 during the Japanese invasions still remains unsubstantiated due to lack of proper documentation. And today, the geological studies precisely show that the Indo-Australian plate which runs along Australia, Indonesia and the Indian sub continent is very vulnerable to tremors and tsunamis, and is one of the most dangerous tsunami regions in the world.65 Seismic sea waves are known to have great destructive force. Even though, it is felt quite possible to predict with some accuracy the arrival time of tsunami once the epicenter of the earthquake has been located, it becomes less easy to predict wave behaviour when once they approach a shoreline.66 They work their destruction in complex ways. Some come crashing over seaside settlements, crushing and reducing buildings, bridges and sea walls to their foundations, and hurling ships, boats, vehicles and timbers on to structures with their sheer height and weight. While some others cause the water to rise gently over settlements, floating the buildings off their foundations, and later, sweeping the buildings and people out to the sea with violent backwash. Thus, what so ever the mode of wave behaviour, the killer waves take the lives of people and animals, destroy properties and cause pollution through spilling of oil and other toxic materials. These ghastly devastations from tsunamis are due to a few crucial factors like the physical, social, and economic vulnerabilities of the local population, and the destruction of natural protectors, such as sand dunes68 and mangrove forests69 formed over centuries.70 65 Richard Mahapatra, “Beyond TsunamV, Down to Earth, January 31, 2005, p. 34. 66 Keith Smith, Supra note 60. 67 P.C.Sinha, Supra note 61. 68 Sand dunes are the natural bulwarks against strong sea winds, high waters and tidal waves like the tsunamis and storm surges. But sand mining and tourism pressures have destroyed them everywhere. 85 Hence the tsunamis demonstrate the terrifying strength of surging waters, even more drastically than floods and dam bursts. 3.2.3 Cyclones Cyclones are nature’s means of circulating heat to the colder areas. But for mankind, they are one of the worst natural calamities that befall on it. The term ‘Cyclone ’ is derived from the Greek word kukloma meaning the coil of a snake and is used to denote all tropical storms in the Indian Ocean, Bay of Bengal and the Arabian Sea.71 Whilst the same storms are called ‘hurricanes’ in the Caribbean, Gulf of Mexico and the Atlantic Ocean, ‘‘typhoons' in the Western Pacific and the China Sea, ‘willy willy’ in Australia and ‘bagius ’ in the Phillipines.72 And since decades, these have been given names for convenience,73 for easy recognition, particularly when there are more than one occurring at the same time, as it always happens, while one is blowing off, another is just being bom.74 For example, hurricanes Katrina, Rita, Dennis (2005), typhoon Mawar (2005), tropical cyclone Pyaar (2005), hurricanes Jeanne, Ivan, Francis, Charley (2004), hurricane Mitch (1998), hurricane Andrew (1998), etc. are a few to mention. But when a For example, the tsunami which struck the Kerala coast in 2004 proved costly due to the effects of sand mining in the area which had reduced the sea and land distances. 69 Mangroves are the tiny forests along the coastlines, holding rich nutrients of the land and the sea, and home to a variety of marine life, and are extremely crucial as they cushion the impact of tidal waves and storm surges. For ©cample, die importance of mangroves came to be underlined most prominently by the fact that many relief workers in tsunami affected regions reported that areas with mangroves and other natural barriers like Pondicherry, had incurred less loss in life and property than Nagapattinam and Cuddalore, where the tsunami waves went through the low lying areas that were occupied by settlements instead of forests 70 Richard Mahapatra, Supra note 65, pp. 31-33. 71 Kishor.C.Samal, Shibalal Meher, Nilakantha Panigrahi, Srikanta Mohanty, Supra note 16, P. 21. 72 Ibid., p. 181. 73 Naming of cyclones has had an interesting history-it began in the early twentieth century when they named them after saints and politicians who had Mien out of favour. During the 1930s, the meteorologists named them after their wives and girlfriends, triggering protests from feminists groups. But in the 1970s, the World Meteorological Department in Geneva Stipulated a list of names, both men’s and women’s that would be circulated on a six year cycle. And India, for which, it was a new concept, commenced naming since September 2004. It has contributed names like Hawa, Agni, Patal, Baj, etc. Thus a list of names is maintained in alphabetical order, country-wise. 74 Shubha Venkatesan, “OfNightmares and Names", the Indian Express, October 5,2005, p. 5. 86 cyclone/hurricane wreaks huge damage, like Katrina, its name is retired and not repeated.75 These cyclones are a huge rotating mass of moisture air, spiraling inward into the centre of the storm in the tropical oceans, that are 27 degrees centigrade or more in temperature. They basically require warm waters and still air for their formation, and have a life which varies from a few hours to almost three weeks, though they usually last for five to ten days.76 They move 300-5000 kms per day over the ocean gradually developing into vast whirl-winds of devastating intensity and extraordinary violence. These whirl-winds produce strong currents to a depth of about 20-25 meters in the sea, with the result that when the cyclones approach the coastal belt, the sea level rises and inundates the low lying tracts in the coastal region. These sudden rises in the sea surface associated with the cyclonic storms are called storm surges. Finally during this phase, soon after crossing the coast, the cyclonic storms begin to dissipate, due to increased frictional effects of land and lack of moisture supply from warm oceanic surface, with heavy and continuous rains for a few hours and intermittent showers for a day or two. It is after this phase, that the heavy downpour of rainfall swollen the rivers and brings unprecedented floods in the river valleys, deltaic and coastal plains; and in the uplands, the tanks which are filled with run-off water from their catchments areas, result into flash floods due to embankment breaches. The death toll from cyclones, mostly due to drowning, exceeds that from any other natural hazard. Thus, cyclones are rivaled only by earthquakes, as the most devastating of natural calamities. 75 Sonu Jain, “Our Cyclones will also be named: Pyaar just hitAP', The Indian Express, September 22, 2005, p. 1. 76 Y.S.Gill, Supra note 24, p.86. 77 R.N.Pati, “Health, Environment and Development\ New Delhi: Ashish Publishing House, 1992, p. 191. 87 The Indian subcontinent, with a coastline of about 7,500 kms, is one of the worst cyclone affected parts of the world. It is whipped and raked by high velocity winds and heavy rainfalls annually. On an average, each year, about five-six tropical cyclones form in the Bay of Bengal and the Arabian Sea, out of which two-three turn out to be very severe. The eastern coastline, compared to the western, is more prone, for more cyclones are formed in the Bay of Bengal than in the Arabian Sea.78 Every year the eastern coastal states, viz., Orissa, Andhra Pradesh, Tamil Nadu and West Bengal are continuously plummelled by cyclones that cause incalculable damage. They are hit by nearly about 80 percent of the total cyclones generated in the region, in the months of April-June and October-November, during the monsoon’s on- set and retreat.79 The most severe ones that affected cruelly are the following: the 1996 cyclone along the east coast state of Andhra Pradesh, which killed 1,077 people and damaged public buildings and structures worth over US$ 139 million;80 the 1999 Super cyclone that hit the Orissa coast and devastated nearly 50 percent of the state by killing more than over 20,000 people and 3,50,000 cattle, and destroying completely the coastal area’s infrastructure, houses and the fertile agricultural land.81 Thus, cyclones do most damage to structures with their strong violent winds, over 200 kmph in speed, and most casualties and destruction come from coastal inundations by storm surges82 followed by torrential rains and floods. In India, cyclones batter the coastal regions as a result of a low depth ocean bed topography and coastal configuration, specially the stretches along the Bay of 78 Erach Bharucha, Supra note 55, p.155. 79 IDR Team, “Cyclones: Trapped in A Spin Cycle”, S.Parasuraman and P.V.Unnikrishnan, (ed) in, “India Disasters Report-Towards a Policy Initiative”, New Delhi: Oxford University Press, 2000, p. 182. 80 S.Parasuraman and P.V.Unnikrishnan, Supra note 13, p.7. 81 C.N.Ray and P.RRout, “Orissa Super Cyclone: Issues in Urban Disaster Management”, Nagarlok, vol.33, 2001, p. 9. 82 Storm surges cause the most havoc. On an average, they kill seven times more people and damage three times more crops than severe cyclones which are storm surge-free. 88 Bengal, which have the world’s shallowest waters.83 The losses are also due to large scale destructions of mangroves, other saline forests84 and coral reefs; leveling of coastal sand dunes; and proliferation of prawn ponds along the coast; all of which that remove the shoreline’s natural protection and allow storm surges to reach people and their property more quickly and forcefully. And ultimately, the blunt reality of the relatively dense population and its poor economic conditions complete the gruesome picture.85 3.2.4 Tornadoes Tornadoes are another threat that occur mainly in the warm season. They occur most frequently in North America, Italy, New Zealand and the United Kingdom. A tornado, as opposed to a cyclone, is an extreme rarity in the Indian subcontinent. Tornadoes differ from cyclones in that they are often formal over land, are smaller and have a shorter lifetime, ranging from a few minutes to more than an hour. They are essentially storms, whirling dervishes accompanied by rains and thunderstorms. Like cyclones, they are characterized by rapidly rotating, funnelshaped columns of air hanging from a billowing dark, rainmaking cloud.86 Although infrequent in the subcontinent, two coastal blocks in West Bengal and Orissa were struck viciously in March 1998.87 The tornado razed the houses to the ground, blew away animals and people alike, and uprooted trees and communication 83 IDRTeam, Supra note 79, p.182. 84 Cyclones created in the Bay of Bengal near Andaman Nicobar islands have never much affected these islands because of the existence of thick saline forests which serve as both wind and wave breakers. 85 C.N.Ray and P.R.Rout, Supra note 81, p. 17. 86 IDR Team, “Tornadoes on the East Coast”, S. Parasuraman and P.V. Unnikrishnan, (ed) in, “India Disasters Report-Towards a policy Initiative”, Oxford University Press, 2000, p. 198. 87 In Dantan block of Midnapore in West Bengal and Jaleswar block of Balasore in Orissa. 89 poles. In a sum total, it killed over a hundred people and reduced the affected villages to rubble.88 Thus, tornadoes attaining wind speeds of 300 kmph or more, with only the most violent ones lasting for more than an hour, leave a trail of destruction for about fifty to hundred meters wide.89 3.2.4 Floods Flooding is the most common of all environmental hazards and its history goes back to early creation times.90 Aflood1 is defined as “a relatively high flow of water in a river, markedly higher than the usual, and the inundation of low land which may result there from. It is a body of water, rising, swelling and over-flowing on land, not usually thus covered; and also a deluge or a freshet.”91 Floods have been an annual feature throughout the world, since time immemorable, and ‘are’ even to this day. They occur frequently, almost every year, affecting the communities to varying degrees, depending on the geographical, social and economic setting of each country.92 Worldwide, the floods regularly claim over 20,000 lives per year and adversely affect around 75 million people. However, out of the total loss figures, around 78 percent of it occurs in five developing countries: India, China, Pakistan, Bangladesh and Colombia.93 The Indian subcontinent, which faces floods every year and that which has seen the world’s worst floods over the years, is the second most flood affected 88 Y.S.Gill, Supra note 24, p. 198. 89 IDR Team, Supra note 86 p.198. 90 According to the Bible, the first great flood destroyed the world except for a small band of people, headed by Noah, who were saved in the Ark. 91 Dr.D.N.Tewari, “ Victims of Environmental Crisis”, Dehradun: EBD Educational Pvt. Ltd., 1987, p.131. 92 Monica Trujillo, Amado Ordonez, Rafael Hernandez, Supra note 2, p. 17. 93 P.CSinha, Supra note 35, p. 89. 90 country in the world, after Bangladesh.94 Among all the disasters that occur in the country, floods are the most frequently occurring natural disasters, due to the irregularities of the monsoon. About 75 percent of the annual rainfall is concentrated in three to four months of the monsoon season, and as a result there is very heavy discharge from the rivers during this period causing widespread floods. Approximately, more than 40 million hectares of land95 in the country has been identified as being prone to floods.96 In a way almost all of India is flood affected to varying degrees. But the major flood prone basins are Ganga, Brahmaputra and Mahanadi, and the most flood affected states are: Assam, Bihar, Uttar Pradesh, West Bengal, Orissa, Andhra Pradesh, Gujarat and Maharashtra.97 A few destructive floods, worth mentioning are: the Bihar floods of 1987, 2004, 2007 and 2008, which affected over 2.3 million people; the great Mumbai floods of 2005, which killed round 900 people and brought the Metro to a grinding halt ; the Gujarat floods of 2005, that damaged properties worth 8,000 crores and killed hundreds of people and animals; the Assam floods of 1988, that took 226 lives and destroyed 4.89 lakh houses, and of 2011 which hit 200 villages affecting nearly two lakh population; etc.98 Thus floods, which are a regular feature in the subcontinent, cause considerable damage to human-lives and cattle, houses and other buildings, crops, 94 M.Violita A.C., “Can the World be Rid offloods? Teaching about Disasters”, R.B.Singh, (ed) in, “Disaster Management', Jaipur: Rawat Publications, 2000, p.l 12. 95 As the frequency and intensity of floods have increased, the area liable to floods has also enlarged from 40 million hectares to 59 million hectares as per remote sensing estimation at present. 96 Erach Barucha, Supra note 55, p.151. 97 Dr.D.N.Tewari, Supra note 91, p.l36. 98 “Floods in India11, http:// www.nhc.noaa.gov/about floods, html. 91 besides disruption of transport and communication lines, and other public utilities. They occur either in the form of river floods", flash floods100 or coastalfloods.101 Primarily, they result from external climatological forces such as: incessant, torrential rains of monsoons and cyclonic storms, more than the landscape can dispose off; rapid snow-melts ; ruptures or bursts of moraine dammed lakes102 or ice jammed rivers ; earthquakes103 and related landslides, mudslides or rock-falls;104 dam failures or embankment breaches;105 and storm surges or tsunamis.106 And they are also caused by man’s flood-intensifying actions like: deforestation107 and the resulting siltage;108 urbanization;109 increases in population, combined with poor resource management; forest fires and surface mining. 99 A river flood is a high flow of water which overtops either the natural, or the artificial banks of a river. For example, the river Ganga in West Bengal’s Malda and Murshidabad districts, has permanently swallowed swathes of lands since late 1990s; the river Sutlej which bursts its bank almost yearly affects many parts of Himachal Pradesh; and the river Hoogly has gulped one inhabited island in the Sunderbans, displacing more than 7000 people while making other islands vulnerable too. 100 A flash flood is a sudden rush or accelerated run off of water, usually from a enclosed water body. 101 Coastal flood is the inundation of coastal and deltaic regions due to high tides, storm surges, heavy rains or seismic waves. 102 Moraine is an area where the debris carried down by a glacier is deposited and that which gradually forms a lake by obstructing the glacial melt run-off After reaching a certain level, the water either spills over or breaks the moraine barrier due to surging glaciers or avalanches, resulting in a catastrophic flood. 103 Sometimes, earth movements induced by quakes cause sudden over-topping of water from structurally strong dams, resulting in destructive flash floods. 104 Landslides, mudslides or rockfalls into a lake, river or a dam, kick off devastating flash floods giving no time for people to move to safer heights. r°5 Dams and embankments, which are supposed to protect the populations from floods, are those that have aggravated the damage potential of the floods, by sometimes releasing the flood waters onto the plains due to their own failings. For example, the river kosi embankment breach (1984) killed over 200 people by sweeping away eleven villages completely and affecting 196 villages, when the gap in the embankment widened to three kilometers. There are more such incidents, where these flood prevention structures have given away, costing lives and properties. 106 Dr.D.N.Tewari, Supra note 91, p. 131. 107 Ideally, forests exert a ‘sponge effect’ soaking up the abundant rainfall and storing it before releasing in small amounts over a period of time. However, when these are cleared, the rivers turn muddy and swollen during the wet monsoons and rampage down to the low-lying areas causing floods. Thus deforestation increases the intensity and fury of the floods. 10! During heavy rainfalls, vast amounts of sediment is brought down from denuded slopes causing extensive silting in river beds, water channels and other water bodies, greatly reducing their water holding capacity. Thence, even small increases of water into silted rivers or reservoirs, result in devastating floods. 109 Urbanization increases the magnitude and frequency of floods with highly impermeable surfaces, such as roofs, roads, etc.; building of embankments and bridge supports reducing a river’s carrying capacity; unplanned development by destroying natural lakes; and insufficient drainage systems with improper maintenance. For example, cities such as Mumbai, Bengaluru, Chennai, Ahmadabad and the 92 Thus, floods are caused by both, natural and anthropogenic factors, either individually or as a combined result. But more certainly, most of the rapidly growing flood disasters are caused by humans making themselves and their land, more vulnerable to floods. 3.2.6 Mass Movement Disasters There are certain disasters, like mass movement catastrophes, which are limited to their own peculiar geographical setting and thus are less know about outside. Landslides, Mud slides, Rock falls and Avalanches are such mass movement disasters that are common only in certain parts of geographical areas, say hilly or mountainous region.110 Land Slides are down slope movements of rock and soil debris that become separated from the underlying, stable part of the slope by a shear zone or slip surface. They vary in types of movement (falls, slides, topples, lateral spreads, flows) which depend largely on the nature of the geological environment, including material strength, slope configuration and pore water pressure. Mud Slides are large amounts of mud sliding down a hill or a mountain, usually causing huge damage and destruction. Rock Falls are movements of debris (mainly rock) largely through the air. These are the simplest type of movement and occur on steep faces where bedrock weaknesses, such as joints, bedding and exfoliation surfaces, are present. They more like, are reeling till date, under the threat of floods every year due to the above mentioned unmindful attitude. 110 P.C.Sinha, Supra note 35, p. 90. 93 likely fall off cliff faces, rather than slip along a joint or bedding plane, although both types of movements occur.111 Avalanches are large masses of snow and ice, sliding rapidly down the mountains. As with slope failures in rock and soil, snow avalanches also result from an unequal contest between stress and strength on an incline. They occur where a slope is sufficiently steep to allow the snow to slide. Their most important triggers tend to be heavy snowfall, blizzard, rain, thaw or some artificial increase in dynamic loading, such as skiers traversing the surface. WO Across the world, almost all regions with a mountainous topography are affected by all or any of these mass movement hazards. In the Indian subcontinent, these hazards are not unfamiliar events. In the mountainous areas of the Himalayas, much is know about these hazards, especially landslides113 and avalanches. Avalanches, also known as ‘ White tsunamis ', affect the snow hit regions every year during winters, inspite of red alerts in place. For instance, in 2005, 161 fives were lost and 128 houses destroyed when a white tsunami swept away a sleepy village, Waltengo Nar in Anantnag;114 and in 2008, it claimed over 70 fives in Pulwama and Anantnag districts.115 Mass movement hazards (except avanlanches) are recurring phenomena in the areas surrounding the Western Ghats also. For instance, the Pune- 111 Keith Smith, Supra note 20, pp. 185-187. 112 Ibid., p. 194. 113 Landslides are common events in the Himalayan region due to its fragile topographical features combined with intensive construction activity, deforestation and destabilizing forces of nature. For example, in 2006, blasting and slope modifications for dam construction on river Teesta in Kalimpong, West Bengal, led to a landslide, washing away about fifty meters of highway (NH31A) affecting life and livelihood of the local community. Like this one, there are many incidents where unmindful development has led to serious mass-movement disasters in the region. 114 Riyaz Wani, “Remember WaltengoT, The Indian Express, October 23, 2005, p.5. 115 “Soldiers, Porters Succumb to Avalanches", Hitavada, February 8, 2008, p. 8. 94 Mumbai expressway and the Konkan railways line, in the Western Ghats, are greatly prone to land and mud slides, and rockfalls, affecting the safety of the people.116 All mass movement hazards occur when an incline or a slope of a mountain, is too steep to resist gravity as a result of sudden or gradual changes, either in its composition, structure, hydrology or vegetation. The changes include a variety of physical or human actions, that combine either to increase the driving force or to reduce the shear resistance on a slope, like: weathering118 due to torrential monsoonal or cyclonic rains and heavy snowfalls; vibrations occurring naturally from seismic activities or local shocks from the operations of heavy construction machinery; denuding mountain slopes of their vegetation, either naturally from wildfires or through human activities such as logging, over-grazing, mining or construction; placing any additional weight on the slope through building houses, hotels, ski slopes or ski villages, or dumping wastes, etc.119 And these changes are complemented by high population densities often at the base of slopes, usually with tourism based economy. More often, mass movement hazards pass unnoticed, because they are generally associated with other larger-scale events like cyclones, floods and earthquakes. However, these are non-negligible hazards of great importance, which cause huge losses in a matter of moments.120 116 Gitesh Shelke, “Anti-Landslide Measuresfor E-Way”, DNA, September 17, 2009, p. 5. 117 Erach Barucha, Supra note 55, p.156. 116 Weathering is the natural process which includes the physical and chemical breakdown of slope materials through water penetrating several meters below the ground surface and turning the soils and rocks porus, and thus making them prone to failures. 119 Keith Smith, Supra note 20, p. 191. 120 June Taboroff, “Cultural Heritage and Natural Disasters: Incentives for Risk Management and Mitigation”, Alcira Kreimer and Margaret Arnold, (ed) in, “Managing Disaster Risk in Emerging Economies", Washington, D.C., The World Bank, 2000, p.73. 95 3.2.7 Other Natural Disasters Almost every year, the Indian subcontinent features a multitude of natural hazards that turn into devastating disasters. In the list of natural disasters, along with the above discussed, are a few others that don’t make it to ‘breaking news’, like, hailstorms, heatwaves, cold spells, fog, lightnings, and forestfires. Hailstorms are storms, during which small balls of ice or pellets of frozen rain called ‘hail’, fall like rain from the sky very heavily. They normally occur before the setting-in of monsoons, viz. April-May, or during their retreat viz. OctoberNovember.121 They usually cause huge damage to standing crops and affect other cultivations, there by hitting the area’s economy very badly;122 Heat waves are periods of time, during which the weather is very much hotter than usual. There is a high rise in temperature which affects man’s health and his activities, sometimes resulting in casualties too. Normally, heat waves are seen during peak summers.124 Cold spells are periods when the weather becomes too cold than usual and the temperature dips down drastically.125 Normally experienced during extreme winters; cold spells claim lives sometimes. 1 Fog is a thick cloud of water droplets suspended in the air at or near earth’s surface. It is a thick mist which makes the possibility of vision difficult. Usually experienced during monsoons and winters, in colder parts of the country, fog causes 121 Sunita Akoijam, “Natural Calamity? Hail Ravages Manipur Paddy", Down to Earth, November 30, 2006, p. 18. 122 For instance, in October 2006, hailstorms, in most forming areas of Manipur, destroyed about 75 percent of standing crops, leading to severe shortage of rice, the main food-grain of the state. 123 The average human body is most efficient at a core temperature of 37° c, and if the heat balance is modified beyond this critical zone, it results in severe physiological stress and death. 124 Keith Smith, Supra note 20, p. 237. 125 In 2006 January, North India experienced the coldest winter in 70 years with temperatures in the capital on the brink of freezing point and Dal Lake frozen over for the first time in 20 years. 126 Sanghamitra Chakraborthy, “It’s too hot in the Igloo", outlook, January 23, 2006, p. 61. 96 great problems in the field of transport due to very poor visibility: accidents of vehicles resulting in deaths and injuries, and delay or cancellation of transportation modes affecting the economy of the country; Lightnings are bright flashes of light in the sky, which are normally seen during thunderstorms. They are produced by electric discharge between clouds or between clouds and the ground. Even though they happen very quickly and last for only a few seconds, they cause much loss to life and property; and Forest fires or Wild land fires are devastating fires which destroy hectares of forest cover and threaten the lives of scores of animals and birds.127 They also threaten many rare species of flora and fauna. They usually occur during dry spells of summer, either due to the act of nature (lighting), or act of man (reckless burning as an agricultural practice, accidents, poor forest management techniques or arson).128 All these hazards, for academic purpose, are classified as ‘minor natural hazards', but the disasters they wreak are not so perceived. And moreover, from a disaster victim’s vision, the size of a hazard holds no prominence. Hence, all natural disasters, whether major or minor, are a universal reality. They afflict nations rich and poor alike. They leave the whole world shaken and disturbed, with not just the stark images of death and devastation, but with the chilling realization that in the near future, they could be somewhere more closer. The Indian subcontinent, which lies in a danger zone, is known to be a disaster-prone area since ages. It faces nature’s wrath in the form of cyclones, floods, earthquakes, cold spells, heat waves, etc. almost regularly.129 Consequently, the I2' “Sunder bans on Fire”, Down to Earth, April 30,2007, p. 13. 12f P.C.Sinha, Supra note 35, p.91. 129 Aroon Purie, ‘From the editor-in-chief, India Today, October 24, 2005, p.3. 97 nature’s fury ends up killing thousands of lives, and damaging and destroying crores of property, annually.130 Thus, natural disasters are found to be endemic to this part of the world, where each hazard transforms into an awful tragedy, that leaves behind tales of horror and devastation, for people to live with.131 3.3 Man-Made Disasters Generally it is believed that, for many centuries mankind has been suffering from natural disasters, and only with the development of industry and other latest innovations in the last two centuries, techno-genic catastrophes have been added to the list of disasters.132 But the above description of technological hazards reinforces the old, misguided view that they are of recent origin, whereas, technological systems, such as river dams, bridges and other public structures, have been built- and have failed-since antiquity. Their failures are not restricted to the nineteenth and twentieth centuries. However, important changes have taken place through time in the nature and scale of risk, and the pace of change associated with the Industrial Revolution has only led to a ‘marked increase’ in risk during these later centuries.133 “Technological hazards” have been found to be quite difficult to provide a definition for, that which suits all tastes. But they are generally seen as major “ManMade” accidents, i.e. the initiating event in a disaster arising from a human, rather than a geophysical, agency.134 Also known as '‘''anthropogenic''' or “human-induced” disasters, they occur primarily, either due to ‘technology failures’ such as defective design or process; ‘human error’ such as inadequate planning, negligent management or improper 130 Raghavendra R, “Nature’s wrath”, The New Indian Express, October 12, 2005, p.8. 131 Aroon Purie, ‘From the editor-in -chief, India Today, January 2, 2006, p.l. 132 P.C.Sinha, Supra note 35, p.282. 133 Keith Smith, Supra note 20, pp.317-318. 134 Ibid., p.314. 98 operation of any system; or ‘sabotage or terrorism’ due to social unrest, and ethnic intolerance of man.135Thus today, man-made disasters include all accidents and events of higher scale, that present life-threatening risks to the community, which result from an element of human act or omission, for example, breakdown in industrial plants, dam failures, transport accidents, fire mishaps, communal riots, epidemics, etc. 3.3.1 Industrial Disasters Though industrialization is considered the hallmark of economic progress all over the world, the industrial processes and activities pose serious hazard to both man and environment by way of pollution, and sometimes in a big way for the sudden havoc they create by accidents.136 Every year, dozens of accidents are reported involving the activities of industries. Industrial disasters involve the release of life-threatening materials from any toxic or dangerous substance, object or product through spillages, leaks, fires or explosions.137 The materials are mostly chemicals which are hazardous because they are inflammable, corrosive or toxic and the most hazardous ones are high-level radioactive elements, explosives, oils and a few gases and liquids that are poisonous when inhaled or ingested.138 So, industrial disasters take place when hazardous materials, stored or transported in a less than secure manner, catch fire, explode or are released as a toxic cloud, thereby causing serious threat to life and safety of the workers and the public at 135 P.C.Sinha, Supra note 35, p.91. 136 N.S.Chandrasekharan, “Industrial Labour and Protection ofEnvironment: A Fresh Look”, vol. 18, C.U.L.R., 1994, p.171. 137 Monica Trujillo, Amado Ordonez, Rafael Hernandez, Supra note 2, p. 20. 138 Keith Smith, Supra note 20, p.316. 99 large.139 Most of these events usually occur at refineries, manufacturing plants, mines or during transportation of hazardous materials. Since the last few decades, industrial accidents have been on the rise due to the increasing use of toxic chemicals, radionuclides, harmful or unproven technology, and extreme operating conditions in the industries.140 This is particularly true in the case of developing countries, where the rising technologies of the rich countries are normally seen as helping to prevent disasters through better technical processes and safer construction techniques. However, the irony is that, the more a society becomes dependent on advanced technology, the greater is the potential for disaster, if the technology fails.141 3.3.1.1 Chemical and other Industrial Accidents Man-made fabrics, pharmaceuticals, cosmetics and toileteries, fertilizers and pesticides, paints, fireworks, building materials, etc. are just some of the products of the chemical industry that are integral to almost every aspect of modem living. These and many more have assured the society that the benefits of the chemical revolution are demonstrably great, with added comfort in the home and in general, better health and well being. But with these are attached risks too: either because of their toxicity to living organisms, in particular to man, or because of their high inflammability or potential to explode. Of some 60,000 chemicals in common use, several hundreds have been described as toxic,142 hazardous,143 carcinogenic,144 mutagenic,145 and teratogenic,146 139 N.S.Chandrasekharan, Supra note 136, p. 171. 140 P.C.Sinha, Supra note 35, p.84. 141 Ibid., p.110. 142 Toxic chemicals are generally defined as substances fatal to over 50 percent of test animals at stated concentrations, while many are known to be neurotoxins, which attack nerve cells. 143 Hazardous chemicals are literally dangerous chemicals which cause harm because they are: flammable or explosive; irritating or damaging to the skin or lungs; or allergic to the immune systems. 100 in nature. However, inspite of the drawbacks, both natural and man-made chemicals have inevitably found their way into man’s life.147 Thus, the chemical industry which has been growing steadily from the start of the last century and catering to the needs of the people, has also highlighted the problems of major industrial hazards, periodically. So, along with the goodness of chemicals, the bitter fruits of chemical accidents have also become an inevitable part of mankind. A ‘Chemical accident’ is a sudden harmful event that sometimes takes place when chemicals are used in or made by a chemical process. In more technical terms, “it involves a fortuitous, sudden or unintended occurrence while handling any hazardous chemical/substance, resulting in continuous, intermittent or repeated exposure to death or injury to any person or damage to any property ,but does not include an accident by reason only of war or radio-activity.”148 Till date, several chemical accidents have occurred world-wide. These have been mainly caused by fires, explosions, leakages, or during transit, which have killed and injured thousands of people and animals, and led to hundreds of evacuations.149 For example, Texas City disaster, U.S.A. (1947),150 Flixborough disaster, U.K. (1974),151 Seveso disaster, Italy (1976),152 Bhopal gas disaster, India (1984), Basel 144 Carcinogenic chemicals are those that cause or promote the growth of a malignant (cancerous) tumors in which certain cells multiply uncontrollably. 145 Mutagenic chemicals cause mutations i.e. changes in the DNA molecules of the genes that get transmitted from parent to offspring. 146 Teratogenic chemicals cause birth defects during the growth and development of the human embryo during pregnancy. 147 P.C.Sinha, Supra note 15, p. 13. 148 Chemical accident’, as defined under the Environment (Protection) Act, 1986, and the Public Liability Insurance Act, 1991. 149 P.GSinha, Supra note 35, p. 92. 150 Texas city disaster occurred due to fire and explosions of cargo aboard a docked ship, containing 3,200 tons of ammonium nitrate fertilizer. (578 people killed and more than 3,500 injured). is] Fijxborougjj disaster took place due to an explosion at a chemical plant. (28 people killed and 36 seriously injured). 101 disaster, Switzerland (1986),153 Toulouse disaster, France (2001),154 Alumina plant disaster, Hungary (2010),155 etc. are a few prominent ones to mention. Amongst these, the Bhopal gas tragedy, known as the ‘Hiroshima of the chemical industry’, is considered to be one of the world’s worst industrial disasters, caused by Union Carbide Corporation (UCC) in Bhopal, the capital of Madhya Pradesh.156 The incident took place in December, 1984, during the midnight of 2nd and the early hours of 3rd, when forty tonnes of methyl isocyanate (MIC) and other lethal gases including hydrogen cyanide leaked from UCC’s pesticide factory, forming dense cloud of gas that drifted over an area of seven kilometers in radius, killing over 15,000 people and causing multisystemic injuries to over 5,00,000 population.157 To this day, one can still find the innocent victims of the disaster suffering silently and fighting the creeping death.158 Furthermore, the site which has not yet been cleaned properly continues to pollute the local area, with the toxic waste stored in the ill-fated UCC factory premises.159 In India, there have occurred several industrial accidents, which have been fortunately less severe compared to the Bhopal gas disaster. The following are a few to name : oleum gas leakage in Shriram industries (1986), chemical leakage into a sewerage in Thane (1993), explosion and fire in scooter seat manufacturing unit in Faridabad (1997), gas leak at copper smelting plant in Tuticom (1997), gelatin sticks 152 Seveso disaster occurred when toxic chemicals were accidentally released in the atmosphere, killing 3,000 pets and leading to slaughtering of 70,000 animals. 153 Basel disaster also known as Sandoz disaster took place due to the release of tons of agro-chemicals into the river Rhine, affecting thousands of people. 154 Toulouse disaster took place due to an explosion in a fertilizer factory. (29 people killed and 2,500 injured). 153 Alumina plant accident occurred when a highly toxic chemical reservoir at a factory premises burst and flooded several settlements resulting in deaths and bum injuries. 156 “Amnesty Campaign”, Down to Earth, December 31,2004, p. 58. 157 Sathinath Sarangi, “Bhopal Gas Tragedy”, “India Disasters Report-Towards a Policy Initiative", compiled by S.Parasuraman and P.V.Unnikrishnan, New Delhi: Oxford University Press, 2000, P.334. 158 Priya.M.Menon, “Bhopal: The Continuing Holocaust, The New Indian Express, August 26, 2005, P-3. 159 Vibha Varshney, “Flawed Plans”, Down to earth, December 15, 2004, p. 7. 102 accident in a warehouse in Satara (1997), explosions in firecracker units in Hyderabad, Madhurai and Thrissur (1997), fire at chemical industrial estate near Howrah (1998), fire in a match factory in kovilpatti, Tamilnadu (2002), explosion in the SHAR complex in Sriharikota (2004), a toxic spill in Agartala (2007), etc.160 In all these accidents, several people, including women and children, lost their lives, and many others suffered serious injuries. So one of the main reasons for industrial accidents to occur, mainly like the Bhopal gas disaster, is the common practice of multinational firms to locate plants within developing countries, such as India, where labour costs and industrial safety standards are lower than those in more industrialized economies, and profits greater than with domestic operations. Although many multinational firms contend that the plants they build abroad are identical to those built in their home countries, the dangers at these plants are extremely high because the management systems and operations existing ‘on the ground’ are often far more lax and imprudent.161 And other factors that contribute to the growth of industrial hazards are: introduction of new chemicals; wrong handling of toxic substances in plants or storage facilities; accidents during transportation of hazardous materials; misuse of chemicals or chemical processes; improper management of toxic wastes; technological system failures; failures of plant safety design; arson or sabotage; and sometimes, natural hazards such as floods, earthquakes, etc. 3.3.1.2 Nuclear Accidents 160 “Industrial Disasters”, http://www.nidm.gov.in/idmc.html. 161 Aran Kumar, “Environmental Problems, Protection and ControV', vol.2, New Delhi: Anmol Publications Pvt. Ltd., 1999, p. 82. 162 P.C.Sinha, Supra note 35, p.38. 103 Nuclear energy is the result of nuclear fission of an atom.163 It is found to be very beneficial and is used for a variety of purposes, like, x-rays to examine bones for fractures, radiation to treat cancer, radioactive isotopes to diagnose diseases, etc. Moreover, it is being widely used as a reliable source of power. The world’s first power-generating nuclear reactor was constructed in the United States in 1951. And in December 1953, before the Soviet Union built its first reactor in 1954, President Dwight D Eisenhower in his ‘Atoms for Peace’ speech made the following prediction: “Nuclear reactors will produce electricity so cheaply that it will not be necessary to meter it. The users will pay a fee and use as much electricity as they want. Atoms will provide a safe, clean and dependable source of electricity”.164 Although the above statement and the rich benefits sound highly optimistic, the devastation and harm caused by the nuclear bomb in the cities of Hiroshima and Nagasaki (Japan) in 1945 and several other serious accidents thereafter have caused worldwide concern about the safety of nuclear energy. Over the world, as on January 2011, 442 nuclear reactors have been found operating and 65 of them under construction, with India having 20 nuclear reactors in operation and five in the pipeline. 165In the Indian subcontinent, nuclear installations, right from mining of radioactive minerals, fuel fabrications, heavy water plants, research reactors, power reactors to reprocessing units, are found scattered in several parts of the country. In almost all the nuclear installations, ‘unusual events’ - often referred to as ‘routine accidents’, frequently occur during their operations due to spontaneous 16" Nuclear fission is the splitting of the nucleus of an atom. The first controlled fission of an atom was carried out in Germany in 1938. 164 Erach Bharucha, Supra note 55, p.137. 16: ‘'''World Nuclear Installations", http://www.world-nuclear.org/info.html. 104 failures of equipment, and deviations from surveillance and maintenance activities.166 But one event which changed people’s attitude towards nuclear plants was the Chernobyl disaster that occurred in 1986. The immediate cause was that the workers at the nuclear plant were conducting an experiment on one of the reactors without shutting it down and overriding the built-in safety devices, which unfortunately failed, creating an explosion that blew away the top the reactor vessel and ejected lumps of radioactive material from the plant, with immediate fatalaties and devastating long term consequences. This resulted in one of the world’s worst nuclear accidents, with major transcontinental pollution, stemming largely from human error, that took several days to bring the runaway reaction under control.167 India too, has experienced a few alarming incidents like, a fire in Narora (Uttar Pradesh) power plant in 1993 which led to evacuation of its employees, their families and the people in its neighbourhood; a toxic spill in Uranium Corporation of India Limited, Jadugada (Jharkhand) in 2006, when a pipeline carrying radioactive waste burst, discharging highly toxic waste in a creek, killing scores of riparian life and affecting the local communities by polluting the surrounding environment;169 ‘dome fall’ in Kaiga power reactor (Karnataka) due to fault in design; leakage of radioactivity from nuclear installations in Trombay and Tarapur (Maharashtra) due to welding deficiencies in pipelines and storage tanks;170 etc. Although the nuclear industries are highly regulated and are rarely sited in close proximity to human settlements, they have still created new risks to man and his environment from accidental radioactive fallouts from nuclear plants, thoughtless P.C.Sinha, Supra note 35, p.93. 16' Keith smith, Supra note 20, p. 329. 168 Meenakshi Nath, “Industrial Disasters: Working Towards Oblivion", S.Parasuraman and P.V.Unnikrishnan, (ed) in, “India Disasters Report-Towards a Policy Initiative", New Delhi: Oxford University Press, 2000, p. 321. 169 “Toxic Creek", Down to Earth, February 28, 2007, p. 16. 170 Meenakshi Nath, Supra note 168, p.324. 105 nuclear testings, improper storage of nuclear materials, and unsafe disposal and transportation of nuclear wastes. Particularly the latter, which contain millions of tonnes of high grade radioactive matter and which remain hazardous for thousands of years, are considered to be the most worrying environmental problems of the present day. 171 3.3.1.3 Extraction Industry Accidents The extraction industry is one more of the kind which has a long history of disaster events. The onset of industrial revolution with insatiable demands for raw materials and other forms of energy, for an ever increasing standards of living, culminated in extensive extraction of minerals, oil, gas and hydro-carbon deposits, resulting in considerable mining accidents. Primarily mining, which is considered second only to agriculture as the world’s oldest172 and most important industry, began in India in 1774. Since then, mining has become a vital sector of the country’s economic and industrial development with great benefits. But, it has also brought a manifold of hardships along with.173 Firstly, ‘fires and explosions’ are a great challenge to the mining industry, particularly coal. Tracing the history of coal mining in India, it has been observed that fires and explosions in underground coal mines have routinely killed a number of miners^ especially, old coal mines that are abandoned without filling, leaving the tunnels to act like oxygen flues for fires.174 For example, a fire at New Kenda Colliery of Eastern Coal Field Limited (ECL) cost the lives of fifty-five miners in January 171 Prof. Chandra Pal, “Environmental Pollution and Development: Environmental Law, Policy and Role ofJudiciary’', New Delhi: Mittal Publications, 1999, p.17. 172 The dependence of primitive societies upon minerals and mined products is illustrated very well by the nomenclature of the epochs such as, Stone Age, Bronze Age and Iron Age, a sequence which also shows the increasing complexity of society’s relationship with mineral exploration and mining. 173 P.C.Sinha, Supra note 15 pp. 84-85. 174 Ibid., p.109. 106 1994; an explosion in an abandoned underground coalmine near Asansol175 in 2007, tore through several homes and caused cracks along a stretch of the national highway 2 (that connects Kolkata to Delhi) disrupting road and railway traffic in the area;176 etc. are a few incidents to mention. Secondly, ‘subsidence’ is another problem faced by the mining industry, which threatens habitats of the underground mining fields. Subsidence is known as the vertical component of the ground movement produced as a result of mining and allied activities. In simple words, it is the ‘sinking in’ or the ‘caving in’ of the land surface. It has serious effects both on surface and underground structures, services and communication systems. Even to this day, many towns and villages with roads, bridges, railway lines, etc. are in constant danger to subsidence because they are standing over small pillars in unfilled mine fields. And in certain areas, inspite of fillings, surface buildings are damaged due to inadequate and hasty stowing.177 For example, a roof collapse at Kottadih mine of the Eastern Coal Fields Limited in 1997 killed three and injured six;178 a subsidence in Goa’s Tollem iron ore mine in 2006 killed six mine labourers;179 and ten people including eight children were killed and fifteen injured, when a patch of land near Kusunda colliery collapsed in Jharkhand in 2007;180 such several incidents are regular happenings in the mining areas. Thirdly, ‘water inundation’ in underground mines due to heavy rains, floods / flash floods or water seepage, is one more recurring danger in the mining industry.181 175 The Asansol-Raniganj-Dhanbad-Jharia belt is an area of hellfire: vast tracts of land have rendered sterile, water quality and water levels have changed, and the emissions of poisonous gases have turned the atmosphere into a death trap. A majority of the residents near the mining areas and miners working underground are suffering from various diseases. 176 Maureen Nandini Mitra, “Fault Lines: Abandoned Mines a threat’, Down to earth, February 28, 2007, p.14. 177 P.C.Sinha, Supra note 15, pp.89-91. 178 Meenakshi Nath, Supra note 168, p.326. 179 Vasudha Sawaiker, “Goa Mine Collapse”, Down to Earth, January 15,2007, p.16. 180 “Jharkhand Mining Accident', Down to Earth, April 15,2007, p.18. 181 P.C.Sinha, Supra note 15, p.110. 107 For instance, the Bharath Coking Coal Limited (BCCL) mine inundation at Geslitand in 1995, killed sixty four workers due to an embankment breach.182 And lastly sometimes, mining operations and associated activities, like blasting, drilling, crushing and transportation, lead to serious accidents. But, fires and explosions, subsidence, and water inundations are considered to be the prime causes of casualties in mines.183 Finally, the demands for other forms of energy like oil and gas, and their extraction have also resulted in considerable industrial disasters.184 They being sensitive by their very nature have been the cause of many accidents, for they flare up in huge fires and explosions that are very difficult to contain due to the slightest electric or frictional sparks, spontaneous ignition of machineries or other equipments, design and management errors, etc.185 All facilities related to their extractions, like drilling platforms, rigs, wells, storage chambers, transportation tanks, refineries, etc. are found to be dangerous to human beings and the environment. For example, in 1988, the Piper Alpha platform disaster in the North Sea claimed 167 lives.186 In India too, there have been serious accidents like: a fire in the Oil and Natural Gas Corporation (ONGC) rig, off Mumbai’s Coast in 2005, claimed twelve lives with fourteen missing,187 and with a similar incident in 1999 also; a blast at the Hindustan Petroleum Refinery at Vishakhapatnam in 1997 killed thirty seven people ; a flash fire at the hydro cracker unit of Indian Oil Corporation’s Panipat Refinery in 1999, killed five;188 an explosion 182 Meenakshi Nath, Supra note 168, p.322. 183 P.C.Sinha, Supra note 15, p. 111. 184 Keith Smith, Supra note 20, p.319. 185 P.C.Sinha, Supra note 15, p.110. 186 Keith Smith, Supra note 20, p.319. 187 Dilip Bobb, Malini Bhupta and Shankkar Aiyar, “Mumbai's Collapse”, India Today, August 8,2005, p. 24. 188 “Industrial Disasters”, Supra note 160. 108 at Madras Oil Refineries in 1997 killed two and seriously injured thirty;189 and many more. Therefore the extraction industry, one of the most dangerous ventures, results in horrifying disasters, mainly due to the sensitive nature of the elements extracted. Thus conclusively, all industrial disasters, be them chemical, nuclear or extraction, have increased shockingly, especially in the developing countries due to greed for hasty industrialization, adoption of technological advances which are less tolerant of human errors, increase in the numbers, size and age of installations in use, greater number of substances involved in production, reprocessing and storage, and most importantly, construction of more factories and industries in flood-prone areas, in earthquake zones, and on the borders of cities which have later expanded to enclose them.190 3.3.2 Mega Structural Disasters The complex risks of today produce disproportionately higher losses than did their simple counterparts of several decades ago. This is true of most modem types of gigantic buildings and structures, such as dams, bridges and other multi-storeyed blocks. The availability of modem design and construction methods has led to a general reduction of safety margins. Thereby, this has increased the chances of disasters by way of structural collapses.191 While the latter are often caused by engineering failures, they can also be the result of acts of nature, sometimes. And India, an emerging super power, which basks in the proud achievement of being one of the leading builders of such mega structures, undoubtedly simmers in the fear of their failures also. 189 Meenakshi Nath, Supra note 168, p. 328. 190 P.C.Sinha, Supra note 35, p. 93. 191 Ibid., p. 134. 109 3.3.2.1 Dam Disasters Throughout history, rivers and dams have been most important in man’s development. Dams, the ‘monolithic developmental structures’ which have brought great benefits, such as water supply and hydro-power, have also carried the risk of floods, land sterility and tremors. Therefore, there is a people’s truism built around big dams - they are one of the stupendous developmental constructs of mankind, which bring down upon it, all of God’s wrath.192 Decades ago, dams were embraced by India as a way of lifting itself out of poverty. Their execution became an important element of growth and development strategy intended to meet needs of irrigation, hydroelectric power and flood control.193 Today, India ranks among the most important dam building nations with a rare distinction of having the largest number of valley projects in the world.194 These dams have become a symbol of national development as these are by and large located in backward and tribal areas and many people living in these areas look at them with high hopes. These dams have the potential of solving most of the country’s economic problems, like eradication of floods, famines, food shortages, unemployment, urban water shortages and power deficiency.195 But the introduced structures, along with the benefits, have serious implications on the ecology of the river basin,196 and social and economic setting of the communities. 192 Himanshu Thakkar, “Large Dams: Disasters of Gigantism”, S. Parasuraman and P.V.Unnikrishnan, (ed) in,“India Disasters Report -Towards a Policy Initiative”, New Delhi: Oxford University Press, 2000, p. 68. 193 Prof. Chandra Pal, Supra note 171, p. 198. 194 India being one of the world’s most prolific dam-builders, has already constructed around 4,300 large dams by July 2010, and many more are in the pipeline. 195 Prof. Chandra Pal, Supra note 171, p. 199. 196 For instance, soil erosion, loss of forests, and flora and fauna, changes in fisheries, specially spawning grounds, loss of non-forest land, land infertility due to water logging and salinity around reservoir, reduced water flow and sedimentation in rivers, salt water ingress at river mouth, etc. 110 Primarily, these mega structures which are supposed to protect the populations from floods are those that have actually aggravated the damage potential of the floods. Because these projects which are promoted as multi-purpose dams, simultaneously serving the dual purposes of electricity generation and flood control, have conflicting demands: while the former requires that as much water be stored in the reservoir as possible, the latter demands that excess water be constantly released. Finally in the event of a choice, the cause of power generation gets precedence over flood control as always.197 Thus, the dams being already full to the brink, with not much water holding capacity, lead to severe floods, either through over-spillings, heavy discharges/releases, or dam bursts, during abundant precipitation or any natural calamity.198 Secondly, these monumental structures are known to cause earthquake tremors themselves due to impounding of large volumes of water. For instance, a major earthquake that savaged Central India in 1967, is strongly believed to have been triggered by Koyna dam in Maharashtra and not due to the seismicity of the region.1 "And there are reports that it is still producing tremors due to reservoirinduced seismicity. This is particularly true with regard to hydel projects in the heavily faulted regions, like the Tehri dam and other projects between Dehradun and Kathmandu; the Teesta Low dam III in north Sikkim; the massive Bargi dam on the Narmada valley, the second most active rift after the Himalayan belt;200 the Alamatti 197 Kanjiv Lochan and Sanjay Awasthi, “Lessons from Eastern Uttar Pradesh”, S.Parasuraman and P.V.Unnikrishnan, (ed) in, “India Disasters Report-Towards a Policy Initiative”, New Delhi: Oxford University Press, 2000, p. 162. 198 Prof.Chandra Pal, Supra note 171, p. 201. 199 Ravi Chopra, Supra note 28, pp. 203-204. 200 The earthquake of May 1997 that hit Jabalpur in Madhya Pradesh killed and injured hundreds of people is believed to have been caused by the Bargi dam, situated just kilometers away from the epicenter. Ill dam on the river Krishna in north Karnataka; etc. which aggravate the already existing earthquake hazard. Dam disasters cause gruesome tragedies with serious loss of life and property, affecting over hundreds and even thousands of square kilometers with water waves of tremendous potential.202 The country has gone through several instances of dam failures in the past, like: the Tigra dam in Madhya Pradesh (1917) due to sliding; the Kaddam dam in Andhra Pradesh (1958) due to a structural breach; the Kaila dam in Gujarat (1959) due to weak foundation bed; the Macchu dam II in Gujarat (1979) due to abnormal floods; the Nanaksagar dam in Punjab (1967) due to heavy monsoon; the twin disaster near Pune (1961) of Panshet dam and Khadakwasala dam, due to the former’s construction failure and the latter being battered by the former’s flood waters;203 etc. are a few to note. And the recent ones being: the breakdown of Hradagada dam in Orissa (1999) due to cyclonic storm flooding;204 structural collapse of Jamuna dam in Madhya Pradesh (2002) following heavy rains;205 failures of Palemvagu dam (2008) and Gundlavagu dam (2006) in Andhra Pradesh due to structural breach and heavy floods, respectively;206 and many more. Dam failures usually occur due to any of the following reasons: foundation inferiority, inadequate spillway capacity, incorrect spillway gate operation, seepage through the dam, high pore pressure, heavy sedimentation, embankment slips, ageing of the structure, poor maintenance without adequate repairs, defective material or 201 Harsh.K.Gupta, “The Present Status of Reservoir-Induced Seismicity Investigations with Special Emphasis on Koyna Earthquakes”, http://www.environmentarticles.com 202 Prof.Chandra Pal, Supra note 171, p. 200. 203 “Dam Failure-India”, http://www.cgwb.gov.in/watershed.jpg. 204 C.N.Ray and P.R.Rout, Supra note 81, p. 10. 205 Rajesh Sinha, “Monsoon Spells Trouble for Dams”, DNA, June 18,2007, p. 11. 206 “Dam Failure-India”, Supra note 203. 112 poor construction, landslide or rock fall generated waves within the reservoir, or soil liquefaction due to earthquakes.207 Therefore, dam safety has become important in recent years, more so, with the steady increase in their size, huge population growth in the valleys below, and the ageing of the existing structures.208 Even the slightest neglect of safety measures of these dams are a great threat to civilization, no less than nuclear power. Thus, these mega-structures are seen as both, vital and disastrous to mankind.209 3.3.2.2 Other structural Disasters In the modem age, highrise structures, giant bridges and super fly-overs; products of the untrammelled genius of architects, engineers and builders are a symbol of concentrated and intense activity. They are growing bigger with time, and are both, spectacular commercial ventures on the one hand, and a bundle of troubles on the other, with an enormous increase in the quantum of hazards.210 These mega structures also, along with the benefits and comforts, bring to the fore, the harsh reality of destruction in case of a failure. Structural failures are caused due to several reasons, such as design faults, poor construction quality, corrosion attacks, over-loading beyond the capacity,211 ageing of the structure,212 etc. India, with a multitude of mega structures, has faced several unpleasant events in relation to them. For instance, over bridge/flyover collapse near Common Wealth 207 Keith Smith, Supra note 20, p. 318. 208 P.C.Sinha, Supra note 54, p. 80. 209 Ibid., p. 92. 210 S.K.Dheri and G.C.Misra, “Fire: Blazing questions”, S.Parasuraman and P.V.Unnikrishnan, (ed) in, “India Disasters Report -Towards a Policy Initiative’, New Delhi: Oxford University Press, 2000, pp. 308-309. 211 For example, in December 2009, a bridge collapsed in Kota, Rajasthan, due to excess weight of many people killing 45 and injuring several. 212 For instance, in August 2005, in Mumbai, a 100 year old building collapsed killing 1 lpeople;in December 2006, a 150 year-old bridge collapsed over a passing train in Bihar’s Bhagalpur district killing 35 and injuring over 17 people; etc. 113 Games venue in New Delhi (2010); Monorail bridge collapse in Mumbai (2011); railway bridge failure in Valigonda, near Hyderabad (2005); flyover collapse (Punjagutta) in Hyderabad (2007); various building collapses in Eastern New Delhi (2010), Ahmadabad (2011), Thane (2011), Ajmer (2010);213 etc. are just a few to mention. In all these disasters, scores have lost their lives and property. 3.3.3 Transport Disasters All modes of transport, be them automobiles, trains, aircrafts or ships, have appreciably increased to a choking level within the last few decades. Also many passenger vehicles have got bigger in size and carry more passengers, with the result that, in the event of an accident, they tend to create more victims. So consequently the total exposure to transport-related risks has grown considerably.214 3.3.3.1 Road Accidents Today, road travel has become much more risky. Road accidents kill more people than any disease in the world, including AIDS and cancer. Over one thousand young people, most of them between the age of ten and twenty-five, die everyday due to bike and car crashes. Over the world annually, 1.2 million people succumb in road accidents, forty percent of whom are under twenty-five, while millions more are 213 “Structural Failure”, http://www.articles.timesofindia.timeofindia.com. 214 Keith Smith, Supra note 20, p. 318. 114 seriously injured or disabled for life.215 Hence, road accidents are one of the world’s greatest cause of premature deaths. Of the worldwide annual average of7,00,000 road accidents, ten percent occur in India, on a l.Smillion kilometers of road network. According to a study by the Central Road Research Institute (CRRI), of around forty percent of the total accidents, forty-eight percent of deaths occur on national highways, and accidents in the urban areas account for more than fifty percent of fatalities involving passengers, pedestrians216 (including homeless, curbside sleepers), bicyclists, etc.217 India, with a large number of vehicles clogging its roads, witnesses several major accidents oftenly. For instance, the Wazirabad school-bus tragedy in Delhi (1997) killed 29 children when the bus plunged into river Yamuna while speeding over a bridge; a bus accident in Jalangi, West Bengal (1998) killed 65 people when the bus skidded in fog and plunged into river Bhagirati; a bus disaster in Davanagere, Karnataka (1999) killed 94 passengers when the vehicle lost control due to excessive speed over bad road and plunged into a lake; a series of Blue Line bus accidents in Delhi (2007,2008,2010,2011);218 are a few of the serious road disasters. The main causes for road accidents are: disrespect to road safety rules and regulations, heavy traffic due to increased number of vehicles,219 poor quality of roads, overloading of vehicles, and unsafe travelling habits like non-wearing of helmets, non-strapping of seat-belts and roof traveling.220 215 Kounteya Sinha, “1000 youths die daily in road accidents: WHO”, The Times of India, April 22, 2007, p. 7. 216 For example, in the famous BMW hit and run case, six people were mowed down in January 1999; in 2002, actor Salman Khan’s jeep ran over pavement dwellers killing one and seriously injuring three. 217 V.J.Thomas, “Road Accidents”, S.Parasuraman and P.V.Unnikrishnan, (ed) in, “India Disasters Report: Towards a Policy Initiative”, New Delhi: Oxford University Press, 2000, p. 341 218 Piyush Tewari, “Creating First Responders to Road Accidents”, http://www.savelifefoimdation.org. 2,9 In India, there were four million vehicles on the road in the early 1990’s and it is estimated that the figure will be 270 million by the year 2050. 225 Kounteya Sinha, Supra note 215, p. 7. 115 3.3.3.2 Railways Accidents ‘Indian Railway’, the largest rail system in the world under one management, is plagued by some of the worst train accidents.221 Railway accidents mainly occur due to derailments and collisions, both of which cause the maximum number of passenger deaths. Railway Derailments occur when trains come off the track on which they are running, causing the coaches to crash into trackside objects, or topple over one another, or turn topsy-turvy, or plunge into rivers, resulting in loss of life and injuries to the people. For instance, derailment of Ahmedabad-Howrah Express between Bilaspur and Champon in September 1997, killed 88 and injured 369 passengers when the train slipped off the tracks which were opened for maintenance without adequate protection; derailment of Howrah-Delhi Rajdhani Express in September 2002, killed 100 and hurt 150 when a few bogies plunged into river Dhave in Bihar’s Aurangabad district; and in the recent incident, Delhi-bound Kalka mail derailed in Fatehpur district of Uttar Pradesh, in July 2011, killing atleast 35 and injuring more than 200 people.222 Like these, there have occurred several derailment disasters, which have killed and maimed scores. Railway Collisions take place when moving trains clash, either against each other or against any other moving or stationery vehicle, resulting in a violent impact costing lives. They occur as: head-on collisions,223 rear-end collisions,224 collisions 221 Ranjit Mathur, “Railway Accidents", S.Parasuraman and P.V.Unnikrishnan, (ed) in, “India Disasters Report-Towards a Policy Initiative", New Delhi: Oxford University Press, 2000, p. 346. 222 “Delhi-bound Kalka Mail Mishap Worst this year3', The Hitavada, July 11,2011, p.5. 223 For example, a head-on collision between UP Passenger and stationary empty tank train near Gorakhpur, Uttar Pradesh in April 1996 killed 54 and injured 84 people; another such collision in December 2004, at Jalandhar, Punjab between Jammu Tawi Express and Jallandhar-Pathankot local, killed 37 and injured more than 50 people. 224 For example, rear-end collision between Purushottam Express and Kalindi Express near Firozabad, Uttar Pradesh, in August 1995, killed 400 people. 116 'j'je into derailed stationery coaches, ’}'}& or into road transport vehicles. A majority of the latter mishaps occur at unmanned level crossings. According to several studies and reports, railway accidents are mainly caused due to human errors, such as, failure of railway staff, failure of persons other than railway staff,227 and poor quality or poor maintenance of equipments. However, there are other causes also, like sabotage, in the shape of bombs in trains or on the tracks by insurgents or terrorists,228 fire,229 falling of boulders,230 sinkage of tracks due to heavy rains or floods, etc. 3.3.3.3 Aviation Accidents Air travel which is known to be comparatively safer than the other modes of transportation is not completely hazard free. There have occurred several air accidents throughout the history of aviation industry.232 Sometimes shockingly, aircraft engines flame out in mid-air, canopies and doors unsnap, instruments and systems collapse, and undercarriages fail to retract or descend.233 So, an aviation accident is any 225 These are one of the most commonly occurring collisions. For instance, in November 1998, atleast 108 people were killed when Sealdah Express rammed into three derailed bogies of Frontier Golden Temple Mail near Ludhiana, Punjab; in December 2000,46 people were killed as die Howrah -Amri tsar Mail rammed into a derailed goods train near sadhugaih, Punjab. 226 Also one of the most occurring collisions, which kill people other than the train passengers also. Like, 34 killed when Kasgunj Express rammed into a bus at a rail crossing in June 2002; 30 killed in February 2004, when Kanchenjunga Express collided into a truck at a level crossing in Dinajpur district, West Bengal. 227 Persons other than railway staff include trespassers on the track and the drivers of road vehicles disregarding rules at level crossings. For instance, in August 2001, 15 people including children were run over by a train while crossing a track in Jalgaon district, Maharashtra. 228 A bomb blast on Brahmaputra Mail in lower Assam in December 1996 killed 33 ; derailment of Jyaneshwari Express, by naxals in may 2010 killed 148; an explosion on a Guwahati-Puri train by militants in July 2011 killed several; etc. 229 For instance, fire killed 38 passengers of Amritsar Frontier Mail in May 2003; in April 2011, passengers of Mumbai-Delhi Rajdhani had a narrow escape when its pantry car caught fire; etc. 230 For example, the Matsyagandha Express derailed after hitting boulders over a bridge in Ambawali, Maharashtra, in June 2004, killing more than 14 people. 231 For instance, as many as 114 passengers were killed when Delta fast train derailed off the tracks before plunging into a swollen river at Valigonda, Andhra Pradesh in October 2005 due to the washing away of a bridge after flash floods. 232 Keith Smith, Supra note 20, p. 323. 233 V.J.Thomas, “Air Accidents”, S.Parasuraman and P.V.Unnikrishnan (ed) in, “India Disasters Report-Towards a Policy Initiative ”, New Delhi: Oxford University Press, 2000, p. 344. 117 occurrence associated with the operation of an aircraft, which affects the safety of the passengers and crew members. The Indian skies and soil which have a relatively good air safety record, have still seen a few worst air disasters in the country. The worst air accident occurred in Haryana (Charki Dadri) in November 1996, killing 349 people, when Saudi Arabian Airlines and Kazakhastan Airlines collided in mid-air.234 Today, though the aircrafts are well equipped with state-of the art and fly-by wire technology, computerized error control and overdrive, multiple instrument backups and automatic landing systems, an element of ‘human-error’ almost always crops up in all air accidents. Thus, a ready recipe for aircraft disaster stems from human error, which leads from high job intensity, in the form of aircrew fatigue and short rotation, and inexperienced crew.235 But, there are other contributing causes also, like long overhaul time for aircrafts, their inadequate maintenance,236 ageing aircrafts in the skies, rising population of birds near airports, shortness of commercial runways,237 paucity of air • • . space, miscommumcations, 3.3.4 238 ... terror activities, 239 etc. Fire Disasters Another human-made disaster that is worthy of mention is the menace of fires. Of all the disasters that ravage India every year, fires no doubt kill fewer people, but 234 VJ.Thomas, Supra note 233, p.344. 235 Ibid., pp.344-345. 236 For instance, in January 1982, Air Florida Flight which had departed from Washington D.C. in a heavy storm crashed into the river Potomac killing 78 people due to improper de-icing of the wings. 237 One of the best examples of short runway related mishaps is the Mangalore air crash of may 2010, which killed nearly 158 people leaving only eight survivors. 238 The Charkhi Dadri aircrash of 1996 was allegedly a combination of pilot foolhardiness, slipshod navigation, and-in the age of electronic communication-unfamiliar language exchange between the Kazakh pilots and the traffic air controllers. 239 Till date, die best examples of air terror are the September 2001 air crashes, into the north and south towers of World Trade Centre in New York and the Pentagon in Virginia (U.S.A.). 118 they often cause irreparable damage.240 Industrial growth without adequate safeguards, people’s romantic vision of big industry with high technology, and a dream of an urbocentric social and developmental structure, have kept fire hazards in high gear.241 So the growing fire hazards, both in variety and quantum, are sparked off by technological advancements: ironically, rising standards of living.242 According to the first annual fire statistics published in 1996, that year, 81,644 fire calls and 12,965 rescue calls were received and responded to by the fire service, in which 4,045 people died, 7,887 were injured and property worth 909.228 crores was damaged. And the figures did not include unrecorded calls in rural areas, where the fire service did not exist.243 Thus, these poor statistics very well speak out today’s grim situation due to evidently more higher standard of life than the 1990’s. Presently, the cities and megapolises with their clogged and conjusted built environment are more plagued with fire disasters than their rural counterparts. The modem day buildings, such as residential occupancies, office premises, educational institutes, shopping complexes, hotels, hospitals, museums, etc., are far too prone to fires due to their inflammable paints, combustible wood works, wall-to-wall carpetings, air conditioning installations, fire sensitive equipments and gadgets.244 For instance, the fire at Uphaar Grand Cinema hall in Delhi, in June 1997, that consumed the lives of sixty persons, was a terrible tragedy caused by a spark in the transformer in the basement which unfortunately spread faster due to combustible plastics and plywood used in the interiors of the theatre245 240 Fires cause severe damage to property, both directly and indirectly; damage to buildings and their contents by burning; damage to structures, interior finishes, and objects from heat, smoke and combustion ; and water damage resulting from the effects of fire fighting. 241 S.K.Dheri and G.CMisra, Supra note 210, p.306. 242 Ibid., p. 308. 243 Id., p. 305. 244 P.C.Sinha, Supra note 35, p. 134. 245 S.K.Dheri and G.C.Misra, Supra note 210, p. 309. 119 Also the advent of luxurious and lavish materials, usually made up of inflammable stuffs, has created a new type of hazard, which give off toxic fumes during fire incidents, either when they are used in constructions or disposed away as scrap.246 For example, Jwalapuri in Delhi, Asia’s largest plastic scrap market which went up in flames, spewed toxic smoke affecting the people in the neighbourhood in June 1995.247 So, the common causes of fire disasters include, reckless proliferation of illegal electricity connections, often without fuses or circuit trippers to even out power surges and fluctuations; use of substandard quality circuitry components or their poor and improper maintenance; overloading of electrical circuits; leakages in petrol, diesel and kerosene generators; short circuits in the proximity of the burgeoning number of non-valved liquid petroleum gas cylinders at homes and restaurants; illegal stationing of imflammable materials in residential colonies;248 and arson, and terror activities, which occur frequently in the country.249 Thus, the new economic order of globalization and privatization of the market forces with unprotected industrialization, and the high rate of rural-urban migration with rising standards of living, have resulted in pockets of fire higher than ever before.250 3.3.5 Other Man-Made Disasters In a society where gender, caste, religious, regional and class differentials are extremely pronounced, and differences, entitlements and obligations along the same differentials are clearly defined and observed, human-instigated disasters tend to 246 Keith Smith, Supra note 20, p. 318. 247 Meenakshi Nath, Supra note 168, p. 325. 248 For instance, a major fire broke in a house used as an oil depot in New Seelampur, Delhi, in May 1997 killing two; a fire in a scrap godown in an unauthorized residential colony in Ghaziabad, Uttar Pradesh killed one and injured many in March 2007. 249 S.K.Dheri and G.C.Misra, Supra note 210, p. 306. 250 Ibid., p. 312. 120 occur frequently and often with great intensity.251 So today, the definition of humanmade disasters has widened to include conflicts, riots, insurgency, epidemics and so on, along with the popularly known ones like, fires, industrial accidents, structural failures, etc.252 3.3.5.1 Riots and conflicts Riots and conflicts are a common sight in the Indian society. They are triggered on the pretext of any shocking, unpleasant or unexpected news or event, or dissatisfying development, such as death of a popular personality, defeat in an election or a game, hike in educational fees, any untoward incident hurting religious sentiments, etc. The latter especially, which result in communal riots are the most sensitive ones, but quite a regular feature in the country’s unique social setting, with a multitude of religions, castes, and sub-castes. ‘Communalism ’ is often explained in terms of ‘religious fanaticism’, and as an identity-marker of a supposedly homogenous community. It is a modem phenomenon which began with the British colonization of the subcontinent.253 The first major post independence communal conflagration occurred in Jabalpur, Madhya Pradesh in 1961, when a muslim attempted to break a hindu bidi manufacturer’s monopoly. Thereafter, several riots followed, such as: the Ahmedabad riots (1969) that claimed more than 1,000 lives, which was ostensibly kickstarted by a cow stomping on a Muslim child and subsequently some Muslims chasing sadhus and stoning Jagannath temple; the Bhiwandi and Jalgaon riots (1970) which erupted on the eve of Shiv Jayanti killed about 250 people; the anti-Sikh riots in Delhi (1984) killed about 4,000 odd Sikhs; the Meerut riots (1987) claimed more than 400 people when pro-Hindu 251 S.Parasuraman and P.V.Unnikrishnan, Supra note 13, p. 7. 252 Surinder Jaswal, Supra note 11, p. 137 253 Purushotam Agrawal, “BeyondReligion", S.Parasuraman and P.V.Unnikrishnan, (ed) in, "India Disasters Report-Towards a Policy Initiative’, New Delhi: Oxford University Press, 2000, p. 231. 121 police fired on an unarmed Muslim mob; the Bhagalpur riots (1989) which killed about 1,000 people was started by a rumor that Hindu students were killed and thrown into wells;254 such many more riots have occurred later also. But a few of the most grave communal riots torched by extreme communalism were in the wake of the Babri Masjid demolition, unabated violence against Dalits, alleged state excesses in Punjab, the sub-ethnic North-East tangle, and others.255 Intense communal feelings are habitually erated by petty issues like music in front of mosques or cow slaughter, and such other acts. Also rumours abetted by the media play a major role in almost every communal riot, by virtue of their proximity to the source, where they disseminate rumours as ‘news’. Since most riots are cloaked in deceptions, their triggers are often not the true causative factors.256 So, major communal disturbances are often believed to be the result of an evergrowing gap between different classes, and a political tug-of-war between secular and communal parties for the votes of majority and minority communities, that which are usually flared through incitement, and political conditions have, in several regions, aggravated social and cultural differences and presented existent vagaries with potent opportunities for conflicts and riots.257 3.3.S.2 Terror Activities India has long suffered terror and violence from extremist attacks based on separatist and secessionist movements, as well as ideological disagreements. Terror activities are primarily attributable to terrorism, militancy and naxalism. These have terrorized and afflicted several regions of the country at differing intensities. 254 Asghar Ali Engineer, “Communal Violence”, S.Parasuraman and P.V.Unnikrishnan, (ed) in,"India Disasters Report-Towards a Policy Initiative", New Delhi: Oxford University Press, 2000, pp. 226228. 255 S.Parasuraman and P.V.Unnikrishnan, Supra note 13, p. 8. 256 Asghar Ali Engineer, Supra note 254, pp. 225-227. 257 S.Parasuraman and P.V.Unnikrishnan, Supra note 4, p. 155. 122 Terrorism is a controversial term with varied definitions. One definition typically defines ‘terrorism’ as “premeditated violence used to achieve specific political, social, or religious objectives by instilling fear among the general public.” Another definition defines as the “use or threatened use of violence for the purpose of creating fear in order to achieve a political, religious, or ideological goal.” Under the latter definition, the targets are anyone, including civilians, government officials, military personnel, or people serving the interests of governments. However, no universal definition of terrorism exists, partly because, it being such a variegated phenomenon. Terrorism has scourged the country longer than any other democracy in the world by claiming scores of lives. The regions most affected with terrorist activities are Jammu and Kashmir, Maharashtra and Delhi.259 Jammu and Kashmir have a longterm history of terrorism, and are still battling against it. In Maharashtra, Pune,260 Mumbai and Malegaon261 have borne the brunt of terrorism. However, Mumbai has been the most preferred target for most terrorist attacks.262 And Delhi, the national capital, has also been the focus of extremist attention in the past few years.263 There 258 Richard. A. Falkenrath, “Problem of Preparedness: U.S. Readiness for a Domestic Terrorist Attackvol.25, International security, http://www.jstor.org, p. 149. 259 Aroon Purine, ‘From the editor-in -chief, India Today, November 14,2005, p. 1. 260 Pune was ravaged by a bomb blast in the famous German Bakery, near Osho Ashram in February 2010. 261 Malegaon, the Muslim and power loom hub, was terrorized with bomb blasts twice: in September 2006 and September 2008. 262 Over the past few years, there have been a series of attacks, including explosions in local trains in July 2006, the unprecedented attacks in November 2008, and the most recent one being the July 2011 bomb blasts. 263 The city has witnessed bomb attacks at the army camp in the Red Fort in 2000, an armed attack on the Parliament in December 2001, serial blasts across the city in October 2005(during Diwali festival), and September 2008. 123 have also been terror attacks in the other parts of the country, like, Bengaluru,264 Hyderabad,265 Varanasi,266 etc. So, contemporary terrorist movements display enormous diversity in motivation, organisation, geographic domain and professionalism. They are becoming more fanatical in their tactics, and increasingly employing weapons of mass destruction.267 India also faces another extremist threat: a Maoist insurgency known as “Naxalism”. The violent revolutionaries called ‘naxalites’ are left-wing extremists, who take their name from Naxalbari, a village in West-Bengal, where they first staged an uprising in 1967. They fundamentally challenge state power with violence to support their stated goal of helping the landless poor, tribal people and lower castes.268 Naxalism has emerged across a broad swathe of central India, nicknamed as the “red corridor” to claim a growing number of lives. The red corridor runs from the border with Nepal through thirteen of India’s twenty-eight states, passing through the woods and jungles of Central India, where the group takes refuge and recruits from the region’s impoverished population. The states of Bihar, West-Bengal, Orissa, Jharkhand, Chhattisgarh, Maharashtra and Andhra Pradesh are highly affected with naxal activity, but Chhattisgarh amongst all of them, is a witness to the most maoist related violence. 264 Bengaluru, the IT hub of India, has witnessed attack on IISc in December 2005, and serial blasts in July 2008. 265 Hyderabad, a heritage centre was ripped by twin blasts in August 2007, at a crowded Lumbini Park and a popular eating joint at Kothi. 266 Varanasi, the pilgrimage centre has suffered from bomb blasts in March 2006 and December 2010. 267 Richard. A. Falkenrath, Supra note 258, p. 150. 268 Prakash Singh, “The Naxalite Movement in India”, 2nd ed., New Delhi: Rupa Publications India Pvt. Ltd., 2010, p. 3. 124 Therefore, naxal threat is known to be the biggest internal security challenge ever faced by the country. One more major threat that the country faces is the violence of ‘Militancy’. Militancy exists in the north-eastern India, which consists of seven states (also known as the Seven Sisters): Assam, Meghalaya, Tripura, Arunachal Pradesh, Mizoram, Manipur and Nagaland. Militancy persists in this region of the country, supported by external sources, with several organisations functioning and demanding independent status for the states. A few of the most prominent of these are: the United Liberation Front of Asom (ULFA) formed in 1979, the National Democratic Front of Bodoland (NDFB), Manipur’s National Liberation Front, People’s Liberation Army (PLA), etc. The ULFA, NDFB and other militant organisations carry out endless terrorist attacks in the region. They assassinate political opponents, attack police and other security forces, blast rail-road tracks, and attack other infrastructural facilities. They are also known to have strong links with the naxalites.269 Thus everywhere, all the terror activities mainly claim the innocent lives of the people: the average Indians. 3.3.5.3 Stampedes A ‘stampede’ is an act of mass impulse among a crowd of people, in which the crowd collectively begins running with no clear direction or purpose. Stampedes most oftenly occur during religious pilgrimages, and professional sports, music, or cultural events, as these events tend to involve a large amount of people. They often occur in 269 Sanjib Baruah, “Gulliver’s Troubles: State and Militants in North-East India”, Economic and Political Weekly, October 12, 2002, p. 4178. 125 times of mass panic as a result of a fire,270 explosion, or a rumour,271 as people try to get away rapidly from the source of danger.272 A stampede is commonly referred to as ‘crowd crush’, and deaths occur primarily due to ‘compressive asphyxiation’ and not from trampling.273 In India, majority of the stampede disasters occur in pilgrim centres. A dramatic increase in recent years has caused national concern. Only between 2005 and 2010, more than 850 devotees have been killed in temple disasters in various parts of the country.274 The latest tragedy occurred at the popular hill shrine of Sabarimala in Kerala, where 104 pilgrims died in a stampede in January 2011.275 So stampedes or ‘temple crushes’, which occur regularly during Hindu religious festivals and fairs are common events in the country.276 Therefore, severe overcrowding of the areas around any event, coupled with sudden wild rumours or any untoward incident causes panic among the people and triggers a crowd crush. 3.3.5.4 Epidemics Unlike natural hazards, the renewed surge of diseases and epidemics is attributed to humankind’s short-sightedness and negligence.277 ‘Disease’, which is a very common hazard leads to disaster when a pathogen278 creates a disease outbreak 270 For example, in December 1995, fire in a religious ceremony resulted in stampede killing 400 people in New Delhi. 271 For instance, the stampede triggered by a ‘tsunami’ rumour caused the death of 18 people in Mumbai, in July 2005. 272 Disaster Management India Report, “Killer Stampedes”, http://arc.gov.in, p. 87. 273 For instance, 42 people chocked to death in a stampede at a flood relief camp in Chennai, in December 2005. 274 Some of the major temple stampedes are: Mandhara Devi temple stampede in Satara district, Maharashtra, in January 2005 left 300 pilgrims dead; Chamunda Devi temple crush in Jodhpur, Rajasthan, in September 2008 killed 168; Naini Devi temple crush in Himachal Pradesh in 2008 killed 150; a temple crush in Pratapgarh district, Uttar Pradesh killed 63 pilgrims in March 2010. 275 “Hindus Flock of Temples ofDeath”, The Hitavada, January 16, 2011, p. 5 276 Disaster Management India Report, Supra note 272, p. 87. 277 Y.S.Gill, Supra note 24, p. 87. 276 An agent carrying disease, like a virus, bacteria or a parasite. 126 or ‘epidemic ’ amongst a human population which lacks immunity. For instance, pathogenic infections are capable of causing large-scale disasters like, malaria, cholera, yellow fever, meningitis, AIDS (Acquired Immuno-Deficiency Syndrome), etc., especially in the poorest countries of the world, where the control methods are far from satisfactory.279 The conditions necessary for epidemics often exist long before the outbreak occurs and the disease itself may well be endemic in the region. In all cases, a pathogen is needed to be introduced into a suitable environment followed by an incubation period. The outbreak is triggered by environmental malformations, changing food habits and lifestyles of the society or more often by other events like natural or man-made disasters, which provoke large population movements with over crowding and poor sanitation in refugee camps or re-settled areas. Thus, poor housing, malnutrition, lack of hygiene, inadequate clean water supplies, lack of sewerage system, and restricted access to health care facilities, all play a part in rendering the populations vulnerable to diseases and epidemics.280 This section (other man-made disasters), along with the above widely publicized disasters, takes in its fold the other less talked about disasters also, like mass deaths due to food poisonings, water contaminations, or consumption of spurious liquor or medicines, which are regular tragedies in the country filled with poor and ignorant masses. Universally, the whole concept of human-made disasters has widened considerably to imbibe all sorts of hazards created by man and his inventions, which are harmful in one or the other way. Mankind, with most of its hasty and unproven innovations, and thoughtless actions has brought untold miseries onto itself. The 279 Keith Smith, Supra note 20, p. 237. 280 Ibid., P- 244. 127 hazards created by it are more horrendous than the ones created by nature. The number of hazards and their relative disastrous qualities have increased manifold with the years, in the name of development. Thus the contemporary definition of man-made disasters, in addition to all the disasters and hazards discussed here in, also includes other costly misdeeds of man, such as pollutions (land, water and air), desertifications, occupational diseases, policy disasters, mass displacements, etc. And, it is beyond doubt that these hazards bring immeasurable miseries to mankind. But, as their effect is felt only in the long run, as they are not immediate in their on-set, these hazards are left out of the purview of this study, which concentrates only on sudden and rapid on-set hazards that are triggered by man’s immediate and sudden failures. 3.4 Conclusion Decades ago, the historical distinction between natural and human-induced hazards was generally accepted. This was evident in the IDNDR, initiated by the UN which incorporated the term “Natural” in its definition and terms of reference. But lately, the contemporary disaster managers have adopted a wider definition because they see “Natural” and “Man-Made” hazards, not as separate entities, but rather as so intricately linked that they are considered together. And today, for practical purposes, the distinction has given way to emphasis on the interdependence of human activities and natural events in shaping the frequencies and intensities of accidents and disasters. So earlier, when ‘natural disasters’ were talked about, the usual refrain was that they were the consequence of the interplay of the forces of nature. Now however, it is accepted that they are human-made to a startling degree. There has been a 128 growing realization that some ‘natural disasters, such as floods, droughts, cyclones and landslides are indeed precipitated by human activities, like felling of forests, serious damage to mountain ecology, overuse of groundwater, changing patterns of cultivation, etc. Therefore, it is strongly believed that natural hazards are not uniquely dependent on geophysical processes, but are related more to the scale of human exploitatioa In the same way, disasters due to breakdown in industrial plants, nuclear reactors, dams, etc., which plague the world over, are caused on many occasions by natural forces, like earthquakes, floods, cyclones, etc. Thus in the present scenario, all catastrophes either natural or man-made, have their inevitable origin in certain combinations of physical features and human activities. But, the tendency towards admitting more human responsibility for disasters is due to several factors like: highly populated conglomerates occupying hazardous areas; inconsiderate development and environmental degradation due to industrialization, urbanization, population explosion and poverty, depletion of traditional resources of energy and raw materials and research for the new ones, and lastly, scientific and technological progress of man with unthinking exploitation and endless encroachment of nature. So today, mankind which boasts of centrally air-conditioned sky scrapers, gigantic dams and bridges, different industries of various sizes, magnificient airports and harbours, etc., continuously grapples with concomitant risks from either disaster.
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