Author: Aadhya Vimal (Student Editor at Jurivine)

GUWAHATI — At 4:17 AM on Monday, January 5, 2026, the earth shook in the Morigaon district of the Indian state of Assam. The 5.1 magnitude earthquake was powerful enough to make beds shake from Bhutan in the east to Bangladesh in the south, and thousands of people poured into the night streets in their nightclothes.

Although there were no reports of major damage at first, the on-the-spot situation paints a different picture. Two people, 80-year-old Joymoti Dewri and Manoj Kumar are rushed to the hospital for the head injuries they suffered while escaping from their homes. Several houses have developed cracks in the Morigaon and Nagaon districts. The recent earthquake is a wake-up call in the sense that in the Northeast, earthquake occurrence is not only natural but also a trial of the laws that are in place for our safety.

The Law of the High-Risk Zone

Assam falls under Seismic Zone V, which is the most dangerous zone in the country. Legally speaking, this makes it obligatory to follow very specific procedures. According to the Disaster Management Act of 2005, the state government is not just the rescue team but is obliged to act on the aspect of prevention as well.

This implies that every new structure in Guwahati, Morigaon, or elsewhere in India must adhere to the National Building Code of India. These are not merely suggestions; these are mandates in terms of safety. The appearance of fissures in a dwelling in a moderately strong 5.1 earthquake naturally raises one tough and tricky legal question: Has the building code been properly adhered to, or only done on paper?

The Right to Safety and Public Spaces

The tremor has been experienced in educational institutions and high-rise buildings. With regard to the matter, the individuals in charge of such buildings have a Duty of Care.

When a balcony falls, or a wall comes crashing down in an earthquake that could have been reasonably expected because the builder took shortcuts, the victims can sue for Gross Negligence. That defence we didn’t know it would shake will not cut any ice in a courtroom in 2026, with new seismic maps and far more stringent BIS rules.

Is the Government Doing Enough?

Although the Assam State Disaster Management Authority – ASDMA is prompt enough to issue bulletins, the legal gap lies in Retrofitting.

The Legal Mandate: The old government buildings, bridges, and heritage sites are supposed to be strengthened to survive Zone V tremors.

Reality: Thousands of old buildings remain untouched. If a major quake hits and a government-run school collapses, the state may be held liable for a violation of the Right to Life (Article 21).

The Cost of Panic

Interestingly, most injuries in moderate quakes, as today’s happen, not because of falling buildings but because of panic. Joymoti Dewri received a head injury while rushing out of her home.

That brings out another type of responsibility: Public Education. The Disaster Management Act places a legal requirement on the local authorities to conduct periodic drills. “Scampering out” in panic would show that while our buildings may get stronger, our safety training lags far behind.

A Warning in the Dark

The earthquake on Monday is a gentle reminder of the might that lies beneath our feet. The legal stakes are higher than ever, considering that more flyover constructions, malls, and buildings are dotting the landscape of growth around the area.

In a disaster-prone state like Assam, it must be a law that is not merely about what transpires after the quake shakes the earth. Our law should be about the invisible power that we incorporate into our walls before another 4:17 AM awakening.