Kerala Floods: MP Binoy Viswam moves SC for foreign aid to be accepted

A petition has been filed in the Supreme Court by CPI leader and Rajya Sabha MP from Kerala Binoy Viswam requesting that foreign assistance which is being offered be accepted in accordance with the provisions of Disaster Management Act, 2005, National Policy on Disaster Management, 2009, and National Disaster Management Plan, 2016.

“The Government of India, through the Ministry of External Affairs, has said that they are not ready to accept any foreign aid. It was stated on their comminique to missions abroad on August 22, 2018,” said Viswam.

The petition states that in light of the unprecedented flood situation in Kerala which caused losses worth almost ₹21,000 crore, the Kerala government had requested the Government of India for an immediate release of ₹2,000 Crores. However, only a fraction of that amount was released. Advocates Sriram Parakkat and Sarath Janardhanan have filed the petition.

According to the government, it is a disaster of severe nature. “Until now, we don’t even know the exact volume of damage. Initial estimates are just Rs 21,000 crore. The state has to rebuild itself afresh and what we need is funds for that,” emphasised Viswam.

The petition states that a total of ₹600 crore has been released by the Centre for Kerala flood relief. Another ₹200 crore was donated by other States in addition to the funds given by individuals including Non-Resident Indians (NRIs).

Considering the losses suffered by the State, it will take Kerala years to get back on it path of glory again, states the petition.

"There is a deep bond between Kerala and UAE, where 50 per cent of the NRIs belong to Kerala. In light of this bond, UAE government offered to contribute ₹700 crore for Kerala. Even countries like Qatar, Thailand, and the Maldives offered to make contributions for the relief aid. The State does not have enough natural resources, industries or funds from the Union government to manage rehabilitation work on its own,” stated the petition.

However, the central government has refused to accept foreign funding for the purpose of relief in Kerala, because such as policy has been followed from 2004.

“There should be no strings attached to the aid that are being offered. In the past, such aid was taken. The National Disaster Management Plan approved in 2015 states that foreign aid maybe accepted, which this government has interpreted as ‘may not’. My petition is that it should be interpreted as ‘can’,” points out Viswam.

The petition claims that this policy of Central government is inconsistent with the provisions of Disaster Management Act, 2005, National Policy on Disaster Management, 2009 and National Disaster Management Plan, 2016 and amounts to a violation of Articles 14 and 21 of the Indian Constitution.

It is stated that the Disaster Management Act provides for an initial assessment of damage caused which has not been done in Kerala’s case. Without conducting the initial assessment of the disaster, the denial of foreign aid by the Centre is arbitrary, the petition asserted.

Stating the decision of Central government as arbitrary, the petition clarifies that petitioner is not challenging any policy decision but only the implementation of the same in this specific case.

“Under Article 14, each citizen much be equally protected by the law. There is no arbitrariness in the law. Article 21 states that everyone has the right to a dignified life. That is what is being denied,” explains Visvam.

“The petition challenges the arbitrariness in implementation of the policy without taking the steps provided for under the Disaster Management Act, 2005, National Policy on Disaster Management, 2009 and the National Disaster Management Plan, 2016.”

The Kerala MP’s petition mentions that the policy allows for denial of foreign aid when the disaster can be managed using domestic funds but the denial of foreign aid without even assessing the loss is inconsistent with the policy.

“That the central government did not hold any consultation with the state of Kerala. The said decision of the Central Government is arbitrary and without ascertaining the financial status of the state and is in violation of Article 14 and 21 guaranteed by the Constitution to the people of Kerala,” states the petition.

“I have approached the Supreme Court in the hope that there will be a breakthrough,” says Visvam.