Key facts
- Thousands of Nepalis remain missing after recent floods, preventing families from obtaining death certificates.
- Nepal's law requires a 12-year waiting period to legally presume a person dead, hindering disaster victim compensation.
- Families are struggling to access funeral and bereavement compensation without official death certificates.
- Over 1,400 bodies have been recovered, but identification is slow, and many remain missing.
- Local authorities are seeking federal intervention to address the legal complexities and provide aid.
- The government is aware of the issue and considering amendments to the existing law.
Families in Nepal are facing a legal and administrative nightmare following devastating floods that swept through the country last month, leaving thousands missing and their loved ones in limbo.
Under Nepalese law, a missing person is only presumed dead after 12 years, a provision that does not account for the scale of loss in natural disasters like the recent floods. This outdated law prevents grieving families from obtaining death certificates, which are essential for accessing flood compensation, transferring properties, and settling inheritances.
Constitutional law expert Bipin Adhikari stated that the law is outdated and was designed for individuals who traveled abroad, not for mass casualty events. Local officials, like Rajan Shrestha, the Mayor of Bidur municipality, are urging the prime minister's office to find a swift resolution, as his hands are tied by legal boundaries.
Families like Madan Lal Lawat's, who lost five relatives, are performing symbolic funeral rites using grass effigies as bodies cannot be recovered or identified. Even when bodies are found, identification is a slow and challenging process, with Nepal having limited experience in large-scale DNA processing.
The government has acknowledged the difficulties faced by families in these "exceptional circumstances" and is reportedly ready to amend the law if required. However, until then, families are left with immense emotional pain and financial uncertainty.
The floods have caused widespread damage, destroying thousands of buildings and infrastructure, with reconstruction costs estimated to be as high as $4.8 billion. Prime Minister Balen Shah is seeking international grant-based support rather than loans to rebuild the nation, highlighting Nepal's vulnerability to climate-driven disasters despite its low contribution to global emissions.