Karnataka moves SC, seeks direction to Centre to release drought aid

The Karnataka government has petitioned the Supreme Court, urging the Centre to release financial assistance from the National Disaster Response Fund (NDRF) to aid in drought management efforts within the state.

The petition has also sought to declare that the Centre's action in not releasing the financial assistance for drought arrangement as per the NDRF is "ex-facie violative" of the fundamental rights of the people of the state guaranteed under Articles 14 and 21 of the Constitution.

It said the state is reeling under "severe drought", affecting the lives of its people and for the Kharif 2023 season, which starts in June and ends in September.

216 taluks drought affected

The state of Karnataka finds itself grappling with the harsh reality of drought. In October, a staggering 216 out of the 236 taluks within its borders were declared "drought-affected." The severity of the crisis is starkly evident, with 189 taluks bearing the weight of severe drought, while an additional 27 teeter on the brink.

"Cumulatively for Kharif 2023 season, the agriculture and horticulture crop loss have been reported in more than 48 lakh hectares with the estimated loss (cost of cultivation) of Rs 35,162 crore," said the plea, filed through advocate DL Chidananda.

It said the assistance sought from Government of India under the NDRF is Rs 18,171.44 crore.

'Union obliged to sanction aid'

"In terms of the Disaster Management Act, 2005, Union of India is under obligation to render financial assistance to the state governments," said the plea, settled by senior advocate Devdatt Kamat and state's Advocate General K Shashi Kiran Shetty.

It said the state is constrained to move the apex court against the "arbitrary actions" of the Centre in denying the financial assistance for drought management to Karnataka under the Disaster Management Act, 2005 and the manual for drought management updated in 2020.

"Further, the impugned action of the Central Government is violative of statutory scheme of the Disaster Management Act, 2005, the manual for drought management and the guidelines on constitution and administration of the State Disaster Response Fund and National Disaster Response Fund," the plea said.

It said under the manual for drought management, the Centre is required to take a final decision on the assistance to the state from the NDRF within a month of the receipt of the inter-ministerial central team (IMCT).

"Despite the IMCT report, which visited various drought affected districts from October 4 to 9, 2023 and made a comprehensive assessment of drought situation in the state and consideration of the said report by the sub-committee of the National Executive Committee constituted under section 9 of the Disaster Management Act, 2005, Centre has not taken a final decision on the assistance to the state from the NDRF even after a lapse of almost six months from the date of the said report," the plea said.

Inaction on Centre's part

It alleged that inaction on the part of the Centre to act on the report and take a final decision to release financial assistance to the state is "ex-facie illegal, arbitrary, and violative of fundamental rights" guaranteed to its citizens under Article 14 and Article 21 of the Constitution.

It said the State is duty bound to affirmatively protect the fundamental rights of its people guaranteed under Article 21 of the Constitution.

Karnataka Chief Minister Siddaramaiah had on Saturday said the state government has filed a petition in the top court demanding a direction to the Centre to immediately release grants under the NDRF to the state, which is reeling under acute drought.

Accusing the Centre of sitting on Karnataka's pleas for release of funds though there is a severe drought, he had said the state government was compelled to approach the apex court.