Legal and Regulatory Issues of The Disaster Management in India

Overview of the Event

In the month of August 2018, one of the state of India named Kerala has suffered high losses due to the floods that occurred in the state due to heavy rainfall. Kerala is a southern state of India with one of the highest tourist concentrated place in the country, in the year 2017 the state welcomed 1. 09 million international tourists and 14. 67 million of domestic tourists. The highest concentration of the tourists is mainly found in two cities namely Ernakulum and Thiruvanathapuram which attracts the highest number of tourist comprising both national as well as international tourist.

The revenue or the total earnings from travel and tourism industry is among one of the highest in the whole country and is being on a rise on an annual basis. The Y-o-Y rate of change in the revenue stands at 8. 46% on an annual basis which is a good figure of growth for any industry. The total revenue of the tourism industry as shown in the statistics file of Kerala tourism stands at INR (the local currency of the country) 333, 836. 8 Million and when it will be converted against US $ will give 5, 542. 23 million. The recent flood situation has led to a halt in the overall tourism industry due to heavy floods in the state, the roads were being blocked by water and all the flights were being cancelled. The officials were unprepared for the situation which has led to the losses of the main source of revenue.

Recommended Policy Draft

The draft policy being proposed contains the recommendations based on the recent incidents and the policies and the regulations effectiveness in the time of disaster. The draft policy provides recommendations on changing of the government approach towards preparedness of the states towards the disaster management. The regulations enacted have provisions which makes the government of the state’s reliant on the central government which should be changed to taking the ownership by the state. The enactments are required to be redefined based on the existing situations being faced and the preparedness of the government in tough times.

Overview of the Tourism and Hospitality Activity

The hospitality and tourism activity are being monitored in India by the tourism and hospitality ministry and the tourism ministry of the state. In case the state needs any support in relation to tourism the central government is required to intervene and provide aid in the given situation.

Tourism industry has risen as the biggest global industry of twentieth century and is anticipated to become considerably larger in the twenty first century. India has gigantic conceivable outcomes of development in the tourism part with tremendous culture and religious legacy, fluctuated characteristic attractions, however a nearly little job on the planet tourism scene. Tourism approach fortifies the tourism division and conceives new activities towards making tourism the impetus in business age, ecological recovery, improvement of remote zones and advancement of ladies and other hindered bunches in the nation. It would prompt bigger remote trade profit and make conditions for more outside direct venture.

The goals of tourism improvement are to encourage understanding between individuals, to make business openings and realize financial advantages to the network, especially in the inside and remote zones. It additionally endeavors towards equalization, manageable advancement and safeguard, advance and advance India’s social legacy. One of the significant targets is the conservation and insurance of regular assets and condition to accomplish feasible advancement. Given the ease of work creation and potential of providing the employment to large base of employees and the workers and the diverse flora and fauna spread across the southern states provides infinite opportunities and the new tourism arrangement looks to grow outside traveler landings and encourage residential tourism in a way that is economical by guaranteeing conceivable incompatible impacts.

The tourism and hospitality activities includes the visits to the famous destinations, providing leisure activity services, travel services, accommodation of the guests and the food. The activities are being monitored by the respective state governments and are being benefited through taxes imposed.

Critical Analysis of Identified Legal and Regulatory Concerns

Indian Ensemble, the most important Magna Carta involved with Primary Privileges pertaining to Indians guarantees protection of protection and life with the goal of ensuring a welfare State. Not merely the sanctioned regulations framed by Central as well as State Governments need to be in conformity with all the Constitutional convention, additionally, an obligation can be acquired by regulators beneath the Constitution to guard and protect the Primary Privileges. The applicability and scope of the Fundamental Rights and the validity of the statutory laws and regulations passed by the legislatures and the executive actions of the government are the subject material of varied preferences by the Supreme Courtroom of ten of India.

The regulations being followed by the government are redundant and required to be enacted based on a uniformity, currently the policies enacted are based on the previous trends, as per the government planning commission report Kerala State does not experienced any floods in the past hence the measures required for the flood management are not required on a critical scale.

The laws applicable in relation to disaster management are being effective in providing timely relief but the lack of provisions for the preparedness for any type of event is an important factor to be taken into consideration while deciding the new policy objectives. The laws on the powers of the state and the central government states that the legislations being made centrally are at the will of the state whether to follow them entirely or in parts or not at all. Hence the states got the liberty to apply the regulations within the states or oppose those regulations.

The regulations are required to be redefined providing a disaster management plan to be made mandatorily for each state despite the fact whether the state has suffered any situation of that nature or not. Further the disaster management system should include the measures to protect the travelers and tourists on a priority basis.

Policy Objective/s

The objectives of the policy being proposed includes:

• The policy addresses the relationships between the central government with that of states as well as the districts to ensure proper accountability of each administration irrespective of the fact that it being related to the public or the private sector.
• The strategy urges people to take part in tourism improvement and furthermore make enthusiasm for the locals especially the youth.
• The policy provides encouragement to the government and the private sector to work together for the upliftment of the tourism sector.
• Understanding that tourism is a multi - sectoral action the strategy guarantees between legislative linkages and coordination.
• The approach expresses that tourism improvement relies upon private area. Private area needs to construct and oversee and to protect it includes neighborhood network, assemble security and so on to create tourism.
• The job of deliberate organizations and volunteers in tourism advancement is perceived by the approach.
• The approach perceives that brilliant norms in administrations, inns and tourism related businesses are expected of outside speculation.
• The strategy proposes offering need to innovative headway particularly to data innovation.
• The strategy proposes for wellbeing and security of tourism division.
• Through government organizations the strategy gives offices like acquiring visas, movement checks, charges and so on.
• The arrangement makes tourism monetary zones, circuits and tourism regions.
• The arrangement presents forthcoming plans, preservation of common habitat and social legacies, effective management of the resources and tackling the situation in case of disaster through efficient follow-up of the policy.

Stakeholders Involved

The stakeholders being involved are the central and state governments, local and international tourists and the employees working in the tourism industry.

Validation Statement

The choice being made for making the policy in relation to the management of the tourism industry and to minimize the impact of any disaster on the tourism sector is only possible when the policies being made will address the issues being faced whether they are at the administrative level or at the executional level. The policy identifies the recent disaster which took place in the month of August and has affected the tourism industry to a great extent to the country in the proposal.

On analysis of the regulatory and legal aspects in respect to the tourism and disaster management, some regulatory gaps were being identified and in order to fill those gaps the policy addresses the accountability and the responsibilities of every key stakeholders. The accountability will ensure a proper functioning of the departments together and providing support to the tourism sector. The disaster management system should be updated with the latest technological inventions so that alert can be circulated on a timely manner. The policy provides all the requirements in detail so that the exceptions as well as the normal scenarios can be tackled on a timely basis. This policy will ensure filling up the gaps whether those aps relates to the customer satisfaction or tourism industry expectation or the expectations of the stakeholders.