☰
×

Nepal to Amend Laws for Death Registration of Flood Victims

In response to the devastating floods that struck Nepal on August 26, the government is preparing to amend two laws to assist families of the 5,285 missing individuals in registering deaths. This legal change aims to provide access to relief and compensation for affected families. Following the conclusion of a 40-day search and rescue operation, the focus has shifted to rehabilitation efforts. The amendments will streamline the process for declaring and registering deaths, addressing the challenges families face in accessing benefits. The floods caused significant destruction, sweeping away homes and infrastructure, and the government continues to prioritize recovery efforts.
 

Legal Changes for Missing Persons in Nepal

File image of structures buried in mud and debris following devastating August flash floods in Nepal. (Photo:PTI)

Kathmandu, Oct 8: Nepal is set to revise two key laws to assist in the death registration process for 5,285 individuals still unaccounted for after the catastrophic floods on August 26. This initiative aims to enable their families to receive necessary relief, compensation, and legal entitlements, according to officials.

This decision follows the conclusion of a 40-day search and rescue mission aimed at locating victims of the Bhotekoshi-Trishuli floods, which resulted in at least 1,455 fatalities and left thousands missing.

Officials from a parliamentary special committee meeting on Tuesday indicated that amendments to the Disaster Risk Reduction and Management Act and the National Identity Card and Registration Act are being prepared to ease the challenges faced by families in registering the deaths of their loved ones.

Subash Kumar Bhattarai, Joint Secretary of the Law, Justice and Parliamentary Affairs Ministry, noted that the current legal framework does not adequately support the declaration and registration of deaths for those missing due to the disaster.

These amendments will be expedited through a “fast-track” process, as stated by officials.

During the committee meeting, Home Ministry Secretary Kedar Nath Sharma and Bhattarai shared these updates. Law Minister Sovita Gautam also mentioned that efforts are underway to amend the death declaration and registration provisions via an ordinance, given that the regular parliamentary session has concluded.

According to Nepal’s Civil Code, a person missing for 12 years is typically presumed dead. However, Section 40 allows for a court declaration of death for individuals who have disappeared without notice or are presumed dead due to disasters or accidents.

Despite this, the current judicial process has proven challenging for families of the missing, as the absence of death registration complicates access to compensation and other benefits.

Following the end of the search-and-rescue operations on Monday, the government is now focusing on rehabilitation and reconstruction efforts in the affected regions.

Authorities have stated that essential search activities will persist, including the recovery of human remains and personal belongings discovered during rehabilitation, while emergency rescue operations will continue as needed.

The flash floods, which originated near the Nepal-Tibet border on August 26, wreaked havoc on towns and villages in northern and central Nepal. The Bhotekoshi River, flowing south from the Himalayan border, carried floodwaters downstream, destroying homes, vehicles, roads, and bridges, and damaging hydropower projects.