Nepal moves to amend laws to facilitate death registration of 5,285 still missing after the Aug 26 floods

Kathmandu, Oct 7: Nepal is preparing to amend two laws to facilitate the death registration of 5,285 people who remain missing after the devastating August 26 floods, allowing their families to access relief, compensation and other legal benefits, officials said.

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

The government is preparing amendments to the Disaster Risk Reduction and Management Act and the National Identity Card and Registration Act to address difficulties faced by families of missing people in registering their deaths, according to officials at a parliamentary special committee meeting held on Tuesday.

Law, Justice and Parliamentary Affairs Ministry Joint Secretary Subash Kumar Bhattarai said the existing legal provisions were not sufficient to facilitate the declaration and registration of deaths of people missing in the disaster.

The amendments will be pursued through a “fast-track” process, officials said.

Home Ministry Secretary Kedar Nath Sharma and Bhattarai provided the information at the meeting of the parliamentary special committee formed to study the August 26 disaster.

Law Minister Sovita Gautam said preparations were also underway 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 provides for a court declaration of death where a person has disappeared without notice or is believed to have died in a disaster or accident.

The existing judicial process, however, has proved difficult for families of those missing in the floods, with the lack of death registration creating problems in accessing compensation and other benefits, officials said.

Nepal ended the search-and-rescue operation on Monday, shifting 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 necessary.

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. (PTI)

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