Bhote Koshi-Trishuli Floods: Calls to Amend Law for Declaring Missing Persons Dead, What Is the Government Doing?
Image source, Reuters
Both the ruling and opposition Democratic parties have demanded that the government declare thousands of people missing following the Bhote Koshi-Trishuli floods as dead through an expedited process. Government officials have confirmed that discussions on various options are underway.
The National Independent Party (RASWAPA) Secretariat in their Sunday meeting urged the government to swiftly finalize decisions regarding death certificates to facilitate relief and support to families affected by the Bhote Koshi-Trishuli disaster.
“The meeting highlighted to the Government of Nepal the urgent need for quick DNA testing of those lost in floods whose bodies cannot be identified and for issuing death certificates to the families of those declared missing and presumed dead, based on family consent, in order to provide relief and assistance,” the decision stated.
Earlier, Nepali Congress President Gagan Thapa, leader of the main opposition party, had also called on the government to immediately amend the legal provision requiring families to wait 12 years before declaring missing persons dead. Thapa pointed out on social media that the state’s legal hurdles are causing suffering to the victims, compounding the unimaginable grief experienced when losing loved ones.
According to the government, the devastating flood on Bhadra 10 (August 26) resulted in 5,786 people going missing, while of the 1,451 bodies recovered, only 110 have been identified and handed over to their families.
‘Lengthy Process Yields No Results’
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Officials say the Ministries of Home Affairs and Law, Justice, and Parliamentary Affairs are currently reviewing several options.
Shanti Mahat, spokesperson for the National Disaster Risk Reduction and Management Authority, stated, “In such a massive disaster with thousands missing, the current process is ineffective, so various alternatives are being discussed.”
“Otherwise, even in disasters like this, families must go to court and undergo a lengthy legal process to request a death declaration,” Mahat explained.
“Currently, the National Identity and Registration Department is exploring legal amendment options, and the Government of Nepal is also discussing possibilities for direct administrative decisions, but no conclusion has been reached yet.”
Anand Kafle, spokesperson for the Ministry of Home Affairs, said, “We are working on simple and coordinated solutions so as not to complicate the process for people already suffering greatly.” However, he did not disclose which specific avenue is being pursued.
“We are sensitive to the need to address the current complex situation without allowing misuse or further complications,” Kafle emphasized.
“Additionally, since issues of government-provided relief are intertwined, efforts are underway to finalize decisions as soon as possible.”
Jure Landslide Precedent
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In 2014 (2071 BS), the government officially declared more than 100 people missing in the Jure landslide of Sindhupalchok dead. This precedent is being referenced in advancing discussions related to the Bhote Koshi-Trishuli disaster.
In that incident, 145 people were missing, and over 100 bodies were never recovered.
Authority spokesperson Mahat stated that discussions have been taking place about issuing a ‘sunset law’ focusing solely on this disaster.
According to her, the flood impact from the Bhote Koshi and Trishuli rivers is still under assessment, preventing any firm conclusions.
“Clear data has yet to be received from the affected municipalities and districts. Many local representatives from the 15 declared disaster-hit municipalities are somewhat out of contact,” she explained.
“The fact that even the officials responsible for maintaining missing persons data are themselves unreachable illustrates the unprecedented nature of this disaster.”
Current Legal Provisions
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The law provides for a relief payment of NPR 200,000 to families who lose someone in a natural disaster. If multiple members from the same family die, an additional NPR 100,000 is granted for each deceased.
However, to receive aid, families must submit death registration certificates, documents proving the relationship to the deceased, and a recommendation letter from police or ward office to the District Administration Office or local authorities.
According to Article 40 of the Muluki Civil Code Act 2074, a person missing for 12 years is presumed dead, with some exceptions.
For instance, those aged 80 or above can be declared dead after five years; soldiers missing during wartime can be declared dead four years after the war ends.
Similarly, persons who disappear in accidents involving airplanes, ships, or other vehicles are declared dead three years after the incident.
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