Nepal is preparing legal changes to address the situation of Nepal flood missing persons, with authorities planning to enable the death registration of 5,285 people who remain unaccounted for after devastating floods on August 26. The move is intended to help their families access compensation, relief and other legal benefits.
The decision comes after the government ended its 40-day search-and-rescue operation following the Bhotekoshi-Trishuli floods. Revised figures from Nepal’s National Disaster Risk Reduction and Management Authority put the death toll at at least 1,455, while 5,285 people remain missing.
Two laws likely to be amended
Officials told a parliamentary special committee that the government is preparing amendments to the Disaster Risk Reduction and Management Act and the National Identity Card and Registration Act.
Officials said existing legal provisions have made it difficult to declare and register the deaths of people who disappeared during the disaster. The proposed changes are expected to be pursued through a fast-track process.
With Parliament’s regular session over, authorities are also considering changes through an ordinance to speed up the process.
Under Nepal’s Civil Code, a person who has been continuously missing for 12 years is generally presumed dead. However, the law also provides for a court declaration of death when someone disappears without notice or is believed to have died in a disaster or accident.
Officials said the existing judicial process has created difficulties for families affected by the floods, particularly when they need death registration documents to claim compensation and other support.
Search ends as rehabilitation begins
Nepal formally ended the search-and-rescue operation on Monday and has shifted its focus towards rehabilitation and reconstruction in affected areas.
Authorities said essential search-related activities will continue, including recovering human remains and belongings discovered during rehabilitation work. Emergency rescue operations will also continue if required.
The August 26 flash floods, which originated near the Nepal-Tibet border, devastated communities across northern and central Nepal. The Bhotekoshi River carried floodwaters downstream, destroying homes, vehicles, roads and bridges and damaging hydropower infrastructure.
The proposed legal amendments are therefore aimed at addressing not only the administrative difficulties created by the disaster but also the immediate needs of families who continue to wait for official recognition of their loss.
Relevant official source: Nepal Disaster Risk Reduction and Management Authority
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