By Categories: Economy, Editorials
Frequently Asked Questions (FAQs) on Goods and Services Tax (GST)

Following are the answers to the various frequently asked questions relating to GST:

 Question 1) What is GST? How does it work?

Answer: GST is one indirect tax for the whole nation, which will make India one unified common market.

GST is a single tax on the supply of goods and services, right from the manufacturer to the consumer. Credits of input taxes paid at each stage will be available in the subsequent stage of value addition, which makes GST essentially a tax only on value addition at each stage. The final consumer will thus bear only the GST charged by the last dealer in the supply chain, with set-off benefits at all the previous stages.

 Question 2) What are the benefits of GST?

Answer:The benefits of GST can be summarized as under:

For business and industry

o   Easy compliance: A robust and comprehensive IT system would be the foundation of the GST regime in India. Therefore, all tax payer services such as registrations, returns, payments, etc. would be available to the taxpayers online, which would make compliance easy and transparent.

o   Uniformity of tax rates and structures: GST will ensure that indirect tax rates and structures are common across the country, thereby increasing certainty and ease of doing business. In other words, GST would make doing business in the country tax neutral, irrespective of the choice of place of doing business.

o   Removal of cascading: A system of seamless tax-credits throughout the value-chain, and across boundaries of States, would ensure that there is minimal cascading of taxes. This would reduce hidden costs of doing business.

o   Improved competitiveness: Reduction in transaction costs of doing business would eventually lead to an improved competitiveness for the trade and industry.

o   Gain to manufacturers and exporters: The subsuming of major Central and State taxes in GST, complete and comprehensive set-off of input goods and services and phasing out of Central Sales Tax (CST) would reduce the cost of locally manufactured goods and services. This will increase the competitiveness of Indian goods and services in the international market and give boost to Indian exports. The uniformity in tax rates and procedures across the country will also go a long way in reducing the compliance cost.

 

For Central and State Governments

o        Simple and easy to administer: Multiple indirect taxes at the Central and State levels are being replaced by GST. Backed with a robust end-to-end IT system, GST would be simpler and easier to administer than all other indirect taxes of the Centre and State levied so far.

o        Better controls on leakage: GST will result in better tax compliance due to a robust IT infrastructure. Due to the seamless transfer of input tax credit from one stage to another in the chain of value addition, there is an in-built mechanism in the design of GST that would incentivize tax compliance by traders.

o        Higher revenue efficiency: GST is expected to decrease the cost of collection of tax revenues of the Government, and will therefore, lead to higher revenue efficiency.

 

For the consumer

o        Single and transparent tax proportionate to the value of goods and services: Due to multiple indirect taxes being levied by the Centre and State, with incomplete or no input tax credits available at progressive stages of value addition, the cost of most goods and services in the country today are laden with many hidden taxes. Under GST, there would be only one tax from the manufacturer to the consumer, leading to transparency of taxes paid to the final consumer.

o        Relief in overall tax burden: Because of efficiency gains and prevention of leakages, the overall tax burden on most commodities will come down, which will benefit consumers.

 

Question 3.  Which taxes at the Centre and State level are being subsumed into GST?

Answer:                  

At the Central level, the following taxes are being subsumed:

  1. Central Excise Duty,
  2. Additional Excise Duty,
  3. Service Tax,
  4. Additional Customs Duty commonly known as Countervailing Duty, and
  5. Special Additional Duty of Customs.

At the State level, the following taxes are being subsumed:

  1. Subsuming of State Value Added Tax/Sales Tax,
  2. Entertainment Tax (other than the tax levied by the local bodies), Central Sales Tax (levied by the Centre and collected by the States),
  3. Octroi and Entry tax,
  4. Purchase Tax,
  5. Luxury tax, and
  6. Taxes on lottery, betting and gambling.

 

Question 4.  What are the major chronological events that have led to the introduction of GST?

Answer: GST is being introduced in the country after a 13 year long journey since it was first discussed in the report of the Kelkar Task Force on indirect taxes. A brief chronology outlining the major milestones on the proposal for introduction of GST in India is as follows:

  1. In 2003, the Kelkar Task Force on indirect tax had suggested a comprehensive Goods and Services Tax (GST) based on VAT principle.
  2. A proposal to introduce a National level Goods and Services Tax (GST) by April 1, 2010 was first mooted in the Budget Speech for the financial year 2006-07.
  3. Since the proposal involved reform/ restructuring of not only indirect taxes levied by the Centre but also the States, the responsibility of preparing a Design and Road Map for the implementation of GST was assigned to the Empowered Committee of State Finance Ministers (EC).
  4. Based on inputs from Govt of India and States, the EC released its First Discussion Paper on Goods and Services Tax in India in November, 2009.
  5. In order to take the GST related work further, a Joint Working Group consisting of officers from Central as well as State Government was constituted in September, 2009.
  6. In order to amend the Constitution to enable introduction of GST, the Constitution (115th Amendment) Bill was introduced in the Lok Sabha in March 2011. As per the prescribed procedure, the Bill was referred to the Standing Committee on Finance of the Parliament for examination and report.
  7. Meanwhile, in pursuance of the decision taken in a meeting between the Union Finance Minister and the Empowered Committee of State Finance Ministers on 8th November, 2012, a ‘Committee on GST Design’, consisting of the officials of the Government of India, State Governments and the Empowered Committee was constituted.
  8. This Committee did a detailed discussion on GST design including the Constitution (115th) Amendment Bill and submitted its report in January, 2013. Based on this Report, the EC recommended certain changes in the Constitution Amendment Bill in their meeting at Bhubaneswar in January 2013.
  9. The Empowered Committee in the Bhubaneswar meeting also decided to constitute three committees of officers to discuss and report on various aspects of GST as follows:-
    1. Committee on Place of Supply Rules and Revenue Neutral Rates;
    2. Committee on dual control, threshold and exemptions;
    3. Committee on IGST and GST on imports.
  1. The Parliamentary Standing Committee submitted its Report in August, 2013 to the Lok Sabha. The recommendations of the Empowered Committee and the recommendations of the Parliamentary Standing Committee were examined in the Ministry in consultation with the Legislative Department. Most of the recommendations made by the Empowered Committee and the Parliamentary Standing Committee were accepted and the draft Amendment Bill was suitably revised.
  2. The final draft Constitutional Amendment Bill incorporating the above stated changes were sent to the Empowered Committee for consideration in September 2013.
  3. The EC once again made certain recommendations on the Bill after its meeting in Shillong in November 2013. Certain recommendations of the Empowered Committee were incorporated in the draft Constitution (115th Amendment) Bill. The revised draft was sent for consideration of the Empowered Committee in March, 2014.
  4. The 115th Constitutional (Amendment) Bill, 2011, for the introduction of GST introduced in the Lok Sabha in March 2011 lapsed with the dissolution of the 15th Lok Sabha.
  5. In June 2014, the draft Constitution Amendment Bill was sent to the Empowered Committee after approval of the new Government.
  6. Based on a broad consensus reached with the Empowered Committee on the contours of the Bill, the Cabinet on 17.12.2014 approved the proposal for introduction of a Bill in the Parliament for amending the Constitution of India to facilitate the introduction of Goods and Services Tax (GST) in the country.  The Bill was introduced in the Lok Sabha on 19.12.2014, and was passed by the Lok Sabha on 06.05.2015. It was then referred to the Select Committee of Rajya Sabha, which submitted its report on 22.07.2015.

 

Question 5.How would GST be administered in India?

 

Answer:Keeping in mind the federal structure of India, there will be two components of GST – Central GST (CGST) and State GST (SGST). Both Centre and States will simultaneously levy GST across the value chain. Tax will be levied on every supply of goods and services. Centre would levy and collect Central Goods and Services Tax (CGST), and States would levy and collect the State Goods and Services Tax (SGST) on all transactions within a State. The input tax credit of CGST would be available for discharging the CGST liability on the output at each stage. Similarly, the credit of SGST paid on inputs would be allowed for paying the SGST on output. No cross utilization of credit would be permitted.

 

Question 6.How would a particular transaction of goods and services be taxed simultaneously under Central GST (CGST) and State GST (SGST)?

 

Answer :The Central GST and the State GST would be levied simultaneously on every transaction of supply of goods and services except on exempted goods and services, goods which are outside the purview of GST and the transactions which are below the prescribed threshold limits. Further, both would be levied on the same price or value unlike State VAT which is levied on the value of the goods inclusive of Central Excise.

Question 7.Will cross utilization of credits between goods and services be allowed under GST regime?

 

Answer :Cross utilization of credit of CGST between goods and services would be allowed. Similarly, the facility of cross utilization of credit will be available in case of SGST. However, the cross utilization of CGST and SGST would not be allowed except in the case of inter-State supply of goods and services under the IGST model which is explained in answer to the next question.

Question 8.How will be Inter-State Transactions of Goods and Services be taxed under GST in terms of IGST method?

Answer:In case of inter-State transactions, the Centre would levy and collect the Integrated Goods and Services Tax (IGST) on all inter-State supplies of goods and services under Article 269A (1) of the Constitution.

The IGST would roughly be equal to CGST plus SGST.

The IGST mechanism has been designed to ensure seamless flow of input tax credit from one State to another. The inter-State seller would pay IGST on the sale of his goods to the Central Government after adjusting credit of IGST, CGST and SGST on his purchases (in that order).

The exporting State will transfer to the Centre the credit of SGST used in payment of IGST. The importing dealer will claim credit of IGST while discharging his output tax liability (both CGST and SGST) in his own State. The Centre will transfer to the importing State the credit of IGST used in payment of SGST.Since GST is a destination-based tax, all SGST on the final product will ordinarily accrue to the consuming State.

 

Question  9.How will IT be used for the implementation of GST?

 

Answer:For the implementation of GST in the country, the Central and State Governments have jointly registered Goods and Services Tax Network (GSTN) as a not-for-profit, non-Government Company to provide shared IT infrastructure and services to Central and State Governments, tax payers and other stakeholders. The key objectives of GSTN are to provide a standard and uniform interface to the taxpayers, and shared infrastructure and services to Central and State/UT governments.

GSTN is working on developing a state-of-the-art comprehensive IT infrastructure including the common GST portal providing frontend services of registration, returns and payments to all taxpayers, as well as the backend IT modules for certain States that include processing of returns, registrations, audits, assessments, appeals, etc. All States, accounting authorities, RBI and banks, are also preparing their IT infrastructure for the administration of GST.

There would no manual filing of returns. All taxes can also be paid online. All mis-matched returns would be auto-generated, and there would be no need for manual interventions. Most returns would be self-assessed.

 

Question 10.How will imports be taxed under GST?

Answer :The Additional Duty of Excise or CVD and the Special Additional Duty or SAD presently being levied on imports will be subsumed under GST.

As per explanation to clause (1) of article 269A of the Constitution, IGST will be levied on all imports into the territory of India. Unlike in the present regime, the States where imported goods are consumed will now gain their share from this IGST paid on imported goods.

Question 11.What are the major features of the Constitution (122nd Amendment) Bill, 2014?

 

Answer :The salient features of the Bill are as follows:

  1. Conferring simultaneous power upon Parliament and the State Legislatures to make laws governing goods and services tax;
  2. Subsuming of various Central indirect taxes and levies such as Central Excise Duty, Additional Excise Duties, Service Tax, Additional Customs Duty commonly known as Countervailing Duty, and Special Additional Duty of Customs;
  3. Subsuming of State Value Added Tax/Sales Tax, Entertainment Tax (other than the tax levied by the local bodies), Central Sales Tax (levied by the Centre and collected by the States), Octroi and Entry tax, Purchase Tax, Luxury tax, and Taxes on lottery, betting and gambling;
  4. Dispensing with the concept of ‘declared goods of special importance’ under the Constitution;
  5. Levy of Integrated Goods and Services Tax on inter-State transactions of goods and services;
  6. GST to be levied on all goods and services, except alcoholic liquor for human consumption. Petroleum and petroleum products shall be subject to the levy of GST on a later date notified on the recommendation of the Goods and Services Tax Council;
  7. Compensation to the States for loss of revenue arising on account of implementation of the Goods and Services Tax for a period of five years;
  8. Creation of Goods and Services Tax Council to examine issues relating to goods and services tax and make recommendations to the Union and the States on parameters like rates, taxes, cesses and surcharges to be subsumed, exemption list and threshold limits, Model GST laws, etc. The Council shall function under the Chairmanship of the Union Finance Minister and will have all the State Governments as Members.

 

Question 12.What are the major features of the proposed registration procedures under GST?

Answer:The major features of the proposed registration procedures under GST are as follows:

  1. Existing dealers: Existing VAT/Central excise/Service Tax payers will not have to apply afresh for registration under GST.
  2. New dealers: Single application to be filed online for registration under GST.
    1. The registration number will be PAN based and will serve the purpose for Centre and State.
  1. Unified application to both tax authorities.
  2. Each dealer to be given unique ID GSTIN.
  3. Deemed approval within three days.
  4. Post registration verification in risk based cases only.

Question 13.What are the major features of the proposed returns filing procedures under GST?

Answer:The major features of the proposed returns filing procedures under GST are as follows:

  1. Common return would serve the purpose of both Centre and State Government.
  2. There are eight forms provided for in the GST business processes for filing for returns. Most of the average tax payers would be using only four forms for filing their returns. These are return for supplies, return for purchases, monthly returns and annual return.
  3. Small taxpayers: Small taxpayers who have opted composition scheme shall have to file return on quarterly basis.
  4. Filing of returns shall be completely online. All taxes can also be paid online.

Question 14.What are the major features of the proposed payment procedures under GST?

Answer:The major features of the proposed payments procedures under GST are as follows:

  1. Electronic payment process- no generation of paper at any stage
  2. Single point interface for challan generation- GSTN
  3. Ease of payment – payment can be made through online banking, Credit Card/Debit Card, NEFT/RTGS and through cheque/cash at the bank
  4. Common challan form with auto-population features
  5. Use of single challan and single payment instrument
  6. Common set of authorized banks
  7. Common Accounting Codes

 


Share is Caring, Choose Your Platform!

Recent Posts

    A disaster is a result of natural or man-made causes that leads to sudden disruption of normal life, causing severe damage to life and property to an extent that available social and economic protection mechanisms are inadequate to cope.

    The International Strategy for Disaster Reduction (ISDR) of the United Nations (U.N.) defines a hazard as “a potentially damaging physical event, phenomenon or human activity that may cause the loss of life or injury, property damage, social and economic disruption or environmental degradation.”

    Disasters are classified as per origin, into natural and man-made disasters. As per severity, disasters are classified as minor or major (in impact). However, such classifications are more academic than real.

    High Powered Committee (HPC) was constituted in August 1999 under the chairmanship of J.C.Pant. The mandate of the HPC was to prepare comprehensive model plans for disaster management at the national, state and district levels.

    This was the first attempt in India towards a systematic comprehensive and holistic look at all disasters.

    Thirty odd disasters have been identified by the HPC, which were grouped into the following five categories, based on generic considerations:-

    Water and Climate Related:-

    1. Floods
    2. Cyclones
    3. Tornadoes and hurricanes (cyclones)
    4. Hailstorms
    5. Cloudburst
    6. Heat wave and cold wave
    7. Snow avalanches
    8. Droughts
    9. Sea erosion
    10. Thunder/ lightning

    Geological:-

    1. Landslides and mudflows
    2. Earthquakes
    3. Large fires
    4. Dam failures and dam bursts
    5. Mine fires

    Biological:-

    1. Epidemics
    2. Pest attacks
    3. Cattle epidemics
    4. Food poisoning

    Chemical, industrial and nuclear:-

    1. Chemical and Industrial disasters
    2. Nuclear

    Accidental:-

    1. Forest fires
    2. Urban fires
    3. Mine flooding
    4. Oil Spill
    5. Major building collapse
    6. Serial bomb blasts
    7. Festival related disasters
    8. Electrical disasters and fires
    9. Air, road, and rail accidents
    10. Boat capsizing
    11. Village fire

    India’s Key Vulnerabilities as articulated in the Tenth Plan, (2002-07) are as follows:

    1. Coastal States, particularly on the East Coast and Gujarat are vulnerable to cyclones.
    2. 4 crore hectare landmass is vulnerable to floods
    3. 68 per cent of net sown area is vulnerable to droughts
    4. 55 per cent of total area is in seismic zones III- V, hence vulnerable to earthquakes
    5. Sub- Himalayan sector and Western Ghats are vulnerable to landslides.

    Vulnerability is defined as:-

    “the extent to which a community, structure, service, or geographic area is likely to be damaged or disrupted by the impact of particular hazard, on account of their nature, construction and proximity to hazardous terrain or a disaster prone area”.

    The concept of vulnerability therefore implies a measure of risk combined with the level of social and economic ability to cope with the resulting event in order to resist major disruption or loss.

    Example:- The 1993 Marathwada earthquake in India left over 10,000 dead and destroyed houses and other properties of 200,000 households. However, the technically much more powerful Los Angeles earthquake of 1971 (taken as a benchmark in America in any debate on the much-apprehended seismic vulnerability of California) left over 55 dead.

    Physical Vulnerability:-

    Physical vulnerability relates to the physical location of people, their proximity to the hazard zone and standards of safety maintained to counter the effects.

    The Indian subcontinent can be primarily divided into three geophysical regions with regard to vulnerability, broadly, as, the Himalayas, the Plains and the Coastal areas.

    Socio-economic Vulnerability:-

    The degree to which a population is affected by a calamity will not purely lie in the physical components of vulnerability but in contextual, relating to the prevailing social and economic conditions and its consequential effects on human activities within a given society.

     

     

    Global Warming & Climate Change:-

    Global warming is going to make other small local environmental issues seemingly insignificant, because it has the capacity to completely change the face of the Earth. Global warming is leading to shrinking glaciers and rising sea levels. Along with floods, India also suffers acute water shortages.

    The steady shrinking of the Himalayan glaciers means the entire water system is being disrupted; global warming will cause even greater extremes. Impacts of El Nino and La Nina have increasingly led to disastrous impacts across the globe.

    Scientifically, it is proven that the Himalayan glaciers are shrinking, and in the next fifty to sixty years they would virtually run out of producing the water levels that we are seeing now.

    This will cut down drastically the water available downstream, and in agricultural economies like the plains of Uttar Pradesh (UP) and Bihar, which are poor places to begin with. That, as one may realise, would cause tremendous social upheaval.

    Urban Risks:-

    India is experiencing massive and rapid urbanisation. The population of cities in India is doubling in a period ranging just two decades according to the trends in the recent past.

    It is estimated that by 2025, the urban component, which was only 25.7 per cent (1991) will be more than 50 per cent.

    Urbanisation is increasing the risks at unprecedented levels; communities are becoming increasingly vulnerable, since high-density areas with poorly built and maintained infrastructure are subjected to natural hazards, environmental degradation, fires, flooding and earthquake.

    Urbanisation dramatically increases vulnerability, whereby communities are forced to squat on environmentally unstable areas such as steep hillsides prone to landslide, by the side of rivers that regularly flood, or on poor quality ground, causing building collapse.

    Most prominent amongst the disasters striking urban settlements frequently are, floods and fire, with incidences of earthquakes, landslides, droughts and cyclones. Of these, floods are more devastating due to their widespread and periodic impact.

    Example: The 2005 floods of Maharashtra bear testimony to this. Heavy flooding caused the sewage system to overflow, which contaminated water lines. On August 11, the state government declared an epidemic of leptospirosis in Mumbai and its outskirts.

    Developmental activities:-

    Developmental activities compound the damaging effects of natural calamities. The floods in Rohtak (Haryana) in 1995 are an appropriate example of this. Even months after the floodwaters had receded; large parts of the town were still submerged.

    Damage had not accrued due to floods, but due to water-logging which had resulted due to peculiar topography and poor land use planning.

    Disasters have come to stay in the forms of recurring droughts in Orissa, the desertification of swaths of Gujarat and Rajasthan, where economic depredations continuously impact on already fragile ecologies and environmental degradation in the upstream areas of Uttar Pradesh and Bihar.

    Floods in the plains are taking an increasing toll of life, environment, and property, amplified by a huge population pressure.

    The unrestricted felling of forests, serious damage to mountain ecology, overuse of groundwater and changing patterns of cultivation precipitate recurring floods and droughts.

    When forests are destroyed, rainwater runs off causing floods and diminishing the recharging of groundwater.

    The spate of landslides in the Himalayas in recent years can be directly traced to the rampant deforestation and network of roads that have been indiscriminately laid in the name of development.

    Destruction of mangroves and coral reefs has increased the vulnerability of coastal areas to hazards, such as storm surges and cyclones.

    Commercialisation of coastal areas, particularly for tourism has increased unplanned development in these areas, which has increased disaster potential, as was demonstrated during the Tsunami in December 2004.

    Environmental Stresses:- " Delhi-Case Study"

    Every ninth student in Delhi’s schools suffers from Asthma. Delhi is the world’s fourth most polluted city.

    Each year, poor environmental conditions in the city’s informal areas lead to epidemics.

    Delhi has one of the highest road accident fatality ratios in the world. In many ways, Delhi reflects the sad state of urban centers within India that are exposed to risks, which are misconstrued and almost never taken into consideration for urban governance.

    The main difference between modernism and postmodernism is that modernism is characterized by the radical break from the traditional forms of urban architecture whereas postmodernism is characterized by the self-conscious use of earlier styles and conventions.

    Illustration of Disaster Cycle through Case Study:-

    The processes covered by the disaster cycle can be illustrated through the case of the Gujarat Earthquake of 26 January 2001. The devastating earthquake killed thousands of people and destroyed hundreds of thousands of houses and other buildings.

    The State Government as well as the National Government immediately mounted a largescale relief operation. The help of the Armed Forces was also taken.

    Hundreds of NGOs from within the region and other parts of the country as well as from other countries of the world came to Gujarat with relief materials and personnel to help in the relief operations.

    Relief camps were set up, food was distributed, mobile hospitals worked round the clock to help the injured; clothing, beddings, tents, and other commodities were distributed to the affected people over the next few weeks.

    By the summer of 2001, work started on long-term recovery. House reconstruction programmes were launched, community buildings were reconstructed, and damaged infrastructure was repaired and reconstructed.

    Livelihood programmes were launched for economic rehabilitation of the affected people.

    In about two year’s time the state had bounced back and many of the reconstruction projects had taken the form of developmental programmes aiming to deliver even better infrastructure than what existed before the earthquake.

    Good road networks, water distribution networks, communication networks, new schools, community buildings, health and education programmes, all worked towards developing the region.

    The government as well as the NGOs laid significant emphasis on safe development practices. The buildings being constructed were of earthquake resistant designs.

    Older buildings that had survived the earthquake were retrofitted in large numbers to strengthen them and to make them resistant to future earthquakes. Mason and engineer training programmes were carried out at a large scale to ensure that all future construction in the State is disaster resistant.

    This case study shows how there was a disaster event during the earthquake, followed by immediate response and relief, then by recovery including rehabilitation and retrofitting, then by developmental processes.

    The development phase included mitigation activities, and finally preparedness actions to face future disasters.

    Then disaster struck again, but the impact was less than what it could have been, primarily due to better mitigation and preparedness efforts.

    Looking at the relationship between disasters and development one can identify ‘four’ different dimensions to this relation:

    1) Disasters can set back development

    2) Disasters can provide development opportunities

    3) Development can increase vulnerability and

    4) Development can reduce vulnerability

    The whole relationship between disaster and development depends on the development choice made by the individual, community and the nation who implement the development programmes.

     

    The tendency till now has been mostly to associate disasters with negativities. We need to broaden our vision and work on the positive aspects associated with disasters as reflected below:

    1)Evolution of Disaster Management in India

    Disaster management in India has evolved from an activity-based reactive setup to a proactive institutionalized structure; from single faculty domain to a multi-stakeholder setup; and from a relief-based approach to a ‘multi-dimensional pro-active holistic approach for reducing risk’.

    Over the past century, the disaster management in India has undergone substantive changes in its composition, nature and policy.

    2)Emergence of Institutional Arrangement in India-

    A permanent and institutionalised setup began in the decade of 1990s with set up of a disaster management cell under the Ministry of Agriculture, following the declaration of the decade of 1990 as the ‘International Decade for Natural Disaster Reduction’ (IDNDR) by the UN General Assembly.

    Consequently, the disaster management division was shifted under the Ministry of Home Affairs in 2002

    3)Disaster Management Framework:-

    Shifting from relief and response mode, disaster management in India started to address the
    issues of early warning systems, forecasting and monitoring setup for various weather related
    hazards.

    dis frame

    National Level Institutions:-National Disaster Management Authority (NDMA):-

    The National Disaster Management Authority (NDMA) was initially constituted on May 30, 2005 under the Chairmanship of Prime Minister vide an executive order.

    SDMA (State Level, DDMA(District Level) also present.

    National Crisis Management Committee (NCMC)

    Legal Framework For Disaster Management :-

    Disaster frme legalDMD- Disaster management Dept.

    NIDM- National Institute of Disaster Management

    NDRF – National Disaster Response Fund

    Cabinet Committee on Disaster Management-

    ncmc

    Location of NDRF Battallions(National Disaster Response Force):-

    bnsCBRN- Chemical, Biological, Radiological and Nuclear

    Policy and response to Climate Change :-

    1)National Action Plan on Climate Change (NAPCC)-

    National Action Plan on Climate Change identified Eight missions.
    • National Solar Mission
    • National Mission on Sustainable Habitat
    • National Mission for Enhanced Energy Efficiency
    • National Mission for Sustaining The Himalayan Ecosystem
    • National Water Mission
    • National Mission for Green India
    • National Mission for Sustainable Agriculture
    • National Mission for Strategic Knowledge on Climate Change

    2)National Policy on Disaster Management (NPDM),2009-

    The policy envisages a safe and disaster resilient India by developing a holistic, proactive, multi-disaster oriented and technologydriven strategy through a culture of prevention, mitigation, preparedness and response. The policy covers all aspects of disaster management including institutional and legal arrangements,financial arrangements, disaster prevention, mitigation and preparedness, techno-legal regime, response, relief and rehabilitation, reconstruction and recovery, capacity development, knowledge management, research and development. It focuses on the areas where action is needed and the institutional mechanism through which such action can be channelised.

    Prevention and Mitigation Projects:-

    • Mainstreaming of Disaster Risk Reduction in Developmental Strategy-Prevention and mitigation contribute to lasting improvement in safety and should beintegrated in the disaster management. The Government of India has adopted mitigation and prevention as essential components of their development strategy.
    • Mainstreaming of National Plan and its Sub-Plan
    • National Disaster Mitigation Fund
    • National Earthquake Risk Mitigation Project (NERMP)
      • National Building Code (NBC):- Earthquake resistant buildings
    • National Cyclone Risk Mitigation Project (NCRMP)
      • Integrated Coastal Zone Management Project (ICZMP)-The objective of the project is to assist GoI in building the national capacity for implementation of a comprehensive coastal management approach in the country and piloting the integrated coastal zone management approach in states of Gujarat, Orissa and West Bengal.
    • National Flood Risk Mitigation Project (NFRMP)
    • National Project for Integrated Drought Monitoring & Management
    • National Vector Borne Diseases Control Programme (NVBDCP)- key programme
      for prevention/control of outbreaks/epidemics of malaria, dengue, chikungunya etc., vaccines administered to reduce the morbidity and mortality due to diseases like measles, diphtheria, pertussis, poliomyelitis etc. Two key measures to prevent/control epidemics of water-borne diseases like cholera, viral hepatitis etc. include making available safe water and ensuring personal and domestic hygienic practices are adopted.

    Early Warning Nodal Agencies:-

    dis nodal

    Post Disaster Management :-Post disaster management responses are created according to the disaster and location. The principles being – Faster Recovery, Resilient Reconstruction and proper Rehabilitation.

    Capacity Development:-

    Components of capacity development includes :-

    • Training
    • Education
    • Research
    • Awareness

    National Institute for Capacity Development being – National Institute of Disaster Management (NIDM)

    International Cooperation-

    1. Hyogo Framework of Action- The Hyogo Framework of Action (HFA) 2005-2015 was adopted to work globally towards sustainable reduction of disaster losses in lives and in the social, economic and environmental assets of communities and countries.
    2. United Nations International Strategy for Disaster Reduction (UNISDR)-In order to build the resilience of nations and communities to disasters through the implementation of the HFA , the UNISDR strives to catalyze, facilitate and mobilise the
      commitment and resources of national, regional and international stakeholders of the ISDR
      system.
    3. United Nation Disaster Management Team (UNDMT) –

       

      1. To ensure a prompt, effective and concerted country-level support to a governmental
        response in the event of a disaster, at the central, state and sub-state levels,
      2. To coordinate UN assistance to the government with respect to long term recovery, disaster mitigation and preparedness.
      3. To coordinate all disaster-related activities, technical advice and material assistance provided by UN agencies, as well as to take steps for optimal utilisation of resources by UN agencies.
    4. Global Facility for Disaster Risk Reduction (GFDRR):-
      1. GFDRR was set up in September 2006 jointly by the World Bank, donor partners (21countries and four international organisations), and key stakeholders of the International Strategy for Disaster Reduction (UN-ISDR). It is a long-term global partnership under the ISDR system established to develop and implement the HFA through a coordinated programme for reversing the trend in disaster losses by 2015.
      2. Its mission is to mainstream disaster reduction and climate change adaptation in a country’s development strategies to reduce vulnerability to natural hazards.
    5. ASEAN Region Forum (ARF)
    6. Asian Disaster Reduction Centre (ADRC)
    7. SAARC Disaster Management Centre (SDMC)
    8. Program for Enhancement of Emergency Response (PEER):-The Program for Enhancement of Emergency Response (PEER) is a regional training programme initiated in 1998 by the United States Agency for International Development’s, Office of U.S Foreign Disaster Assistance (USAID/OFDA) to strengthen disaster response capacities in Asia.

    Way Forward:-

    Principles and Steps:-

    • Policy guidelines at the macro level that would inform and guide the preparation and
      implementation of disaster management and development plans across sectors
    • Building in a culture of preparedness and mitigation
    • Operational guidelines of integrating disaster management practices into development, and
      specific developmental schemes for prevention and mitigation of disasters
    • Having robust early warning systems coupled with effective response plans at district, state
      and national levels
    • Building capacity of all stakeholders
    • Involving the community, NGOs, CSOs and the media at all stages of DM
    • Addressing gender issues in disaster management planning and developing a strategy for
      inclusive approach addressing the disadvantaged sections of the society towards disaster risk reduction.
    • Addressing climate risk management through adaptation and mitigation
    • Micro disaster Insurance
    • Flood Proofing
    • Building Codes and Enforcement
    • Housing Design and Finance
    • Road and Infrastructure

  • The United Nations has shaped so much of global co-operation and regulation that we wouldn’t recognise our world today without the UN’s pervasive role in it. So many small details of our lives – such as postage and copyright laws – are subject to international co-operation nurtured by the UN.

    In its 75th year, however, the UN is in a difficult moment as the world faces climate crisis, a global pandemic, great power competition, trade wars, economic depression and a wider breakdown in international co-operation.

    Flags outside the UN building in Manhattan, New York.

    Still, the UN has faced tough times before – over many decades during the Cold War, the Security Council was crippled by deep tensions between the US and the Soviet Union. The UN is not as sidelined or divided today as it was then. However, as the relationship between China and the US sours, the achievements of global co-operation are being eroded.

    The way in which people speak about the UN often implies a level of coherence and bureaucratic independence that the UN rarely possesses. A failure of the UN is normally better understood as a failure of international co-operation.

    We see this recently in the UN’s inability to deal with crises from the ethnic cleansing of the Rohingya Muslims in Myanmar, to civil conflict in Syria, and the failure of the Security Council to adopt a COVID-19 resolution calling for ceasefires in conflict zones and a co-operative international response to the pandemic.

    The UN administration is not primarily to blame for these failures; rather, the problem is the great powers – in the case of COVID-19, China and the US – refusing to co-operate.

    Where states fail to agree, the UN is powerless to act.

    Marking the 75th anniversary of the official formation of the UN, when 50 founding nations signed the UN Charter on June 26, 1945, we look at some of its key triumphs and resounding failures.


    Five successes

    1. Peacekeeping

    The United Nations was created with the goal of being a collective security organisation. The UN Charter establishes that the use of force is only lawful either in self-defence or if authorised by the UN Security Council. The Security Council’s five permanent members, being China, US, UK, Russia and France, can veto any such resolution.

    The UN’s consistent role in seeking to manage conflict is one of its greatest successes.

    A key component of this role is peacekeeping. The UN under its second secretary-general, the Swedish statesman Dag Hammarskjöld – who was posthumously awarded the Nobel Peace prize after he died in a suspicious plane crash – created the concept of peacekeeping. Hammarskjöld was responding to the 1956 Suez Crisis, in which the US opposed the invasion of Egypt by its allies Israel, France and the UK.

    UN peacekeeping missions involve the use of impartial and armed UN forces, drawn from member states, to stabilise fragile situations. “The essence of peacekeeping is the use of soldiers as a catalyst for peace rather than as the instruments of war,” said then UN Secretary-General Javier Pérez de Cuéllar, when the forces won the 1988 Nobel Peace Prize following missions in conflict zones in the Middle East, Africa, Asia, Central America and Europe.

    However, peacekeeping also counts among the UN’s major failures.

    2. Law of the Sea

    Negotiated between 1973 and 1982, the UN Convention on the Law of the Sea (UNCLOS) set up the current international law of the seas. It defines states’ rights and creates concepts such as exclusive economic zones, as well as procedures for the settling of disputes, new arrangements for governing deep sea bed mining, and importantly, new provisions for the protection of marine resources and ocean conservation.

    Mostly, countries have abided by the convention. There are various disputes that China has over the East and South China Seas which present a conflict between power and law, in that although UNCLOS creates mechanisms for resolving disputes, a powerful state isn’t necessarily going to submit to those mechanisms.

    Secondly, on the conservation front, although UNCLOS is a huge step forward, it has failed to adequately protect oceans that are outside any state’s control. Ocean ecosystems have been dramatically transformed through overfishing. This is an ecological catastrophe that UNCLOS has slowed, but failed to address comprehensively.

    3. Decolonisation

    The idea of racial equality and of a people’s right to self-determination was discussed in the wake of World War I and rejected. After World War II, however, those principles were endorsed within the UN system, and the Trusteeship Council, which monitored the process of decolonisation, was one of the initial bodies of the UN.

    Although many national independence movements only won liberation through bloody conflicts, the UN has overseen a process of decolonisation that has transformed international politics. In 1945, around one third of the world’s population lived under colonial rule. Today, there are less than 2 million people living in colonies.

    When it comes to the world’s First Nations, however, the UN generally has done little to address their concerns, aside from the non-binding UN Declaration on the Rights of Indigenous Peoples of 2007.

    4. Human rights

    The Human Rights Declaration of 1948 for the first time set out fundamental human rights to be universally protected, recognising that the “inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”.

    Since 1948, 10 human rights treaties have been adopted – including conventions on the rights of children and migrant workers, and against torture and discrimination based on gender and race – each monitored by its own committee of independent experts.

    The language of human rights has created a new framework for thinking about the relationship between the individual, the state and the international system. Although some people would prefer that political movements focus on ‘liberation’ rather than ‘rights’, the idea of human rights has made the individual person a focus of national and international attention.

    5. Free trade

    Depending on your politics, you might view the World Trade Organisation as a huge success, or a huge failure.

    The WTO creates a near-binding system of international trade law with a clear and efficient dispute resolution process.

    The majority Australian consensus is that the WTO is a success because it has been good for Australian famers especially, through its winding back of subsidies and tariffs.

    However, the WTO enabled an era of globalisation which is now politically controversial.

    Recently, the US has sought to disrupt the system. In addition to the trade war with China, the Trump Administration has also refused to appoint tribunal members to the WTO’s Appellate Body, so it has crippled the dispute resolution process. Of course, the Trump Administration is not the first to take issue with China’s trade strategies, which include subsidises for ‘State Owned Enterprises’ and demands that foreign firms transfer intellectual property in exchange for market access.

    The existence of the UN has created a forum where nations can discuss new problems, and climate change is one of them. The Intergovernmental Panel on Climate Change (IPCC) was set up in 1988 to assess climate science and provide policymakers with assessments and options. In 1992, the UN Framework Convention on Climate Change created a permanent forum for negotiations.

    However, despite an international scientific body in the IPCC, and 165 signatory nations to the climate treaty, global greenhouse gas emissions have continued to increase.

    Under the Paris Agreement, even if every country meets its greenhouse gas emission targets we are still on track for ‘dangerous warming’. Yet, no major country is even on track to meet its targets; while emissions will probably decline this year as a result of COVID-19, atmospheric concentrations of greenhouse gases will still increase.

    This illustrates a core conundrum of the UN in that it opens the possibility of global cooperation, but is unable to constrain states from pursuing their narrowly conceived self-interests. Deep co-operation remains challenging.

    Five failures of the UN

    1. Peacekeeping

    During the Bosnian War, Dutch peacekeeping forces stationed in the town of Srebrenica, declared a ‘safe area’ by the UN in 1993, failed in 1995 to stop the massacre of more than 8000 Muslim men and boys by Bosnian Serb forces. This is one of the most widely discussed examples of the failures of international peacekeeping operations.

    On the massacre’s 10th anniversary, then UN Secretary General Kofi Annan wrote that the UN had “made serious errors of judgement, rooted in a philosophy of impartiality”, contributing to a mass murder that would “haunt our history forever”.

    If you look at some of the other infamous failures of peacekeeping missions – in places such as Rwanda, Somalia and Angola – ­it is the limited powers given to peacekeeping operations that have resulted in those failures.

    2. The invasion of Iraq

    The invasion of Iraq by the US in 2003, which was unlawful and without Security Council authorisation, reflects the fact that the UN is has very limited capacity to constrain the actions of great powers.

    The Security Council designers created the veto power so that any of the five permanent members could reject a Council resolution, so in that way it is programmed to fail when a great power really wants to do something that the international community generally condemns.

    In the case of the Iraq invasion, the US didn’t veto a resolution, but rather sought authorisation that it did not get. The UN, if you go by the idea of collective security, should have responded by defending Iraq against this unlawful use of force.

    The invasion proved a humanitarian disaster with the loss of more than 400,000 lives, and many believe that it led to the emergence of the terrorist Islamic State.

    3. Refugee crises

    The UN brokered the 1951 Refugee Convention to address the plight of people displaced in Europe due to World War II; years later, the 1967 Protocol removed time and geographical restrictions so that the Convention can now apply universally (although many countries in Asia have refused to sign it, owing in part to its Eurocentric origins).

    Despite these treaties, and the work of the UN High Commission for Refugees, there is somewhere between 30 and 40 million refugees, many of them, such as many Palestinians, living for decades outside their homelands. This is in addition to more than 40 million people displaced within their own countries.

    While for a long time refugee numbers were reducing, in recent years, particularly driven by the Syrian conflict, there have been increases in the number of people being displaced.

    During the COVID-19 crisis, boatloads of Rohingya refugees were turned away by port after port.  This tragedy has echoes of pre-World War II when ships of Jewish refugees fleeing Nazi Germany were refused entry by multiple countries.

    And as a catastrophe of a different kind looms, there is no international framework in place for responding to people who will be displaced by rising seas and other effects of climate change.

    4. Conflicts without end

    Across the world, there is a shopping list of unresolved civil conflicts and disputed territories.

    Palestine and Kashmir are two of the longest-running failures of the UN to resolve disputed lands. More recent, ongoing conflicts include the civil wars in Syria and Yemen.

    The common denominator of unresolved conflicts is either division among the great powers, or a lack of international interest due to the geopolitical stakes not being sufficiently high.  For instance, the inaction during the Rwandan civil war in the 1990s was not due to a division among great powers, but rather a lack of political will to engage.

    In Syria, by contrast, Russia and the US have opposing interests and back opposing sides: Russia backs the government of the Syrian dictator Bashar al-Assad, whereas the US does not.

    5. Acting like it’s 1945

    The UN is increasingly out of step with the reality of geopolitics today.

    The permanent members of the Security Council reflect the division of power internationally at the end of World War II. The continuing exclusion of Germany, Japan, and rising powers such as India and Indonesia, reflects the failure to reflect the changing balance of power.

    Also, bodies such as the IMF and the World Bank, which are part of the UN system, continue to be dominated by the West. In response, China has created potential rival institutions such as the Asian Infrastructure Investment Bank.

    Western domination of UN institutions undermines their credibility. However, a more fundamental problem is that institutions designed in 1945 are a poor fit with the systemic global challenges – of which climate change is foremost –  that we face today.