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In an unprecedented move, the Karnataka government has approached the Supreme Court against the Union government, demanding the release of drought relief under the National Disaster Response Fund (NDRF).
With the state staring at a particularly dry summer, various districts are already reporting water shortages.
Chief Minister Siddaramaiah said the state had no other option and that the government waited five months to receive its claim under the NDRF. Opposition parties — the BJP and the Janata Dal (Secular) — slammed the government for the legal challenge.
This is the second major disagreement to have arisen between the BJP-led Union government and the Congress-led Karnataka government over financial reasons. Last month, the CM and his Cabinet staged a “Delhi Chalo” protest in the capital, alleging injustice done to the state in the devolution of taxes and other allocations.
According to a memorandum the state submitted to the Central government, 223 of the 236 taluks or sub-districts were declared drought-hit. It pegged crop loss at 48 lakh hectares of land under cultivation.
An Inter-Ministerial Central Team (IMCT) also visited the state to inspect the damage in October 2023. During the monsoon season last year, the rainfall deficit was 56 per cent in June (the third highest in 122 years) and 73 per cent in August (the highest in 122 years).
As The Indian Express previously explained, “During last year’s monsoon, Karnataka received rainfall that was 18 per cent below normal, the least since 2015. Even the post-monsoon period did not bring much rain to the state.”
Further, southern India’s aquifers are rocky in nature and unable to hold much water at a time, meaning a lack of rain is felt more acutely.
How much compensation has Karnataka sought?
The state has pegged crop loss damage due to drought at Rs 35,162.05 crores and sought Rs 18,171 cr from the Centre under the NDRF.
Of this, Rs 4,663.12 cr was towards crop loss input subsidy (which is provided regarding the cost of inputs like seeds and fertilisers) Rs 12,577.9 cr towards gratuitous relief for families affected by drought, Rs 566.78 cr for drinking water purposes and Rs 363.68 towards cattle care.
By itself, the state government released Rs 628 crore — Rs 2,000 per person — as interim compensation for 33 lakh farmers in the state in January.
According to Siddaramaiah, the Rs 4,663 cr sought for crop loss input subsidy should have been released without delay, as per norms. “However, even after five months the state has not received any funds,” he told a news conference on Saturday (March 23).
What does the writ petition say?
The petition seeks relief under Article 32 of the Constitution, which relates to constitutional remedy. It allows citizens to approach the Supreme Court if they believe their fundamental rights have been violated.
The Karnataka government said its petition was “against the inaction on the part of the Union of India in rendering financial assistance for drought management under the Disaster Management Act, 2005, the Manual for Drought Management…”
It argued that the delay in acting on the IMCT report and taking a final decision to release financial assistance was “ex-facie illegal, arbitrary, and violative of fundamental rights guaranteed to its citizens under Articles 14 and 21 of the Constitution of India”. These are the right to equality under the law and the protection of life and personal liberty, respectively.
Siddaramaiah said that the state government did not want to mount a legal battle but had been forced to do so because of the Centre’s lack of response.
Under the 2005 Disaster Management Act, there is no definition of disasters. It can include any event arising from natural or man-made causes that can severely disrupt life for people, going beyond their coping capacity.
States have the State Disaster Relief Funds, where the Centre contributes 75% of the funds (and 90% for Himalayan and northeastern states) and states contribute the remainder. The total amount is decided as part of the budgetary allocations and released periodically by the Centre.
In case a state needs the Centre’s assistance, it must follow a procedure: (i) It should detail the extent of the damage in a memorandum and submit it (ii) If this is acknowledged by Centre, an IMCT conducts on-ground inspections to survey the damage (iii) A National Executive Team analyses the IMCT report (iv) Based on its recommendations, a High Level Committee shall approve the release of immediate relief.
Additionally, the Union Ministry of Home Affairs oversees the utilisation of NDRF releases.
How has the opposition reacted?
Leader of Opposition and BJP MLA R Ashoka alleged that Siddaramaiah was trying to create a “political narrative”, linking it to the upcoming Lok Sabha elections.
The JD(S) state president H D Kumaraswamy, whose party is also part of an alliance with the BJP, termed the move and the protest in Delhi earlier this year as “stunts”.
