Nepal to amend laws for flood missing persons' death registration

Nepal is moving to amend laws so thousands missing in the August floods can be officially registered as dead. The change is meant to ease families' access to compensation, relief and other legal support.

In Short

• Government ended a 40-day search operation after catastrophic Bhotekoshi-Trishuli floods Monday
• Existing judicial procedures left bereaved families struggling to secure compensation
• Officials may use an ordinance because Parliament's regular session has ended

Nepal is preparing to amend two laws to enable the death registration of 5,285 people who are still missing after the devastating floods of August 26, officials said. The move is aimed at helping their families access relief, compensation and other legal benefits.

The decision comes two days after the government ended its 40-day search and rescue operation for victims of the Bhotekoshi-Trishuli floods. According to revised figures shared by Nepal's National Disaster Risk Reduction and Management Authority, at least 1,455 people were killed and 5,285 remain missing.

Officials told a meeting of a parliamentary special committee on Tuesday that the government is preparing amendments to the Disaster Risk Reduction and Management Act and the National Identity Card and Registration Act. Home Ministry Secretary Kedar Nath Sharma and Law, Justice and Parliamentary Affairs Ministry Joint Secretary Subash Kumar Bhattarai shared the details at the meeting, which was formed to study the August 26 disaster.

Bhattarai said the existing legal provisions were not enough to facilitate the declaration and registration of the deaths of people missing in the disaster. Officials said the amendments would be pursued through a "fast-track" process. Law Minister Sovita Gautam said preparations were also under way to amend provisions relating to the declaration and registration of deaths through an ordinance, as Parliament's regular session has ended.

Under Nepal's Civil Code, a person who has been continuously missing for 12 years is generally presumed dead. However, Section 40 of the Civil Code also allows for a court declaration of death when a person has disappeared without notice or is believed to have died in a disaster or accident. Officials said the existing judicial process has proved difficult for families of those missing in the floods, and the lack of death registration has created problems in accessing compensation and other benefits.

Nepal ended the search-and-rescue operation on Monday and has now shifted its focus to rehabilitation and reconstruction in the flood-hit areas. The government said essential search activities would continue, including the recovery of human remains and belongings found during rehabilitation work, while emergency rescue operations would still be carried out if needed.

Flash floods originating near the Nepal-Tibet border on August 26 devastated towns and villages in northern and central Nepal. The Bhotekoshi River, which flows south from the Himalayan border region, carried the floodwaters downstream, sweeping away homes, vehicles, roads and bridges, and damaging hydropower projects. In response, the government is now moving to change the law so families of the missing can complete death registration and seek the support available to them.

With PTI Inputs

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