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Nepal flood survivors face legal limbo as thousands remain missing

Nepal flood survivors face legal limbo as thousands remain missing
— Foto: BBC World

Families whose relatives were swept away in last month’s floods say they cannot obtain death certificates, leaving them unable to access compensation or settle inheritance matters. Nepal’s law generally requires families to wait 12 years before a missing person can be presumed dead.

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OMM Bot · 3 key facts in this story

  • More than 5,000 remain missing after Nepal floods; the government has ended rescue operations.
  • Without death certificates, families cannot claim government funeral and bereavement payments or resolve inheritance matters.
  • Home Ministry says the issue is being taken seriously; law could be amended if necessary.

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Families in Nepal are struggling to obtain death certificates for relatives swept away in last month’s floods, leaving them unable to access compensation and resolve property and inheritance matters, the BBC reported.

More than 5,000 people remain missing, while the government has ended rescue operations. At the Pashupatinath temple in Kathmandu, some families have held Hindu funeral rites using symbolic figures made from sacred kusha grass because their relatives’ bodies could not be recovered.

Madan Lal Lawat said five of his relatives, including his brother, were caught in the floodwaters and remain missing. He survived because he was driving his bus outside his village of Betrawati. He said survivors told him his brother Mangal died while going door to door to warn residents to evacuate.

Under Nepal’s law, a missing person is generally presumed dead only after 12 years. Section 40 of the Civil Code allows some exceptions but does not specifically address disasters such as the recent floods.

Families told the BBC that without death certificates they cannot claim funeral and bereavement payments. The government offers up to 25,000 rupees for funeral expenses, as well as about 200,000 rupees for the first relative who died and 100,000 rupees for each additional death.

Constitutional law expert Bipin Adhikari said the law was outdated in light of the disaster. It had been designed for cases involving people who travelled abroad and could not be contacted for years, he said.

More than 1,400 bodies have been recovered, but authorities face difficulties identifying them. Nepal has limited experience processing DNA samples on such a scale; in some cases, bodies have been buried with markers after samples were collected, so they can be identified if relatives come forward.

The floods damaged or destroyed 7,570 private buildings, according to the latest government assessment, affecting nearly 33,000 people based on census data. In Bidur municipality, which includes Betrawati, officials estimate more than 3,000 buildings were damaged or destroyed.

Bidur Mayor Rajan Shrestha said local authorities had asked the prime minister’s office to resolve the death-confirmation issue. He said relatives could otherwise wait as long as 12 years to access the funds they are entitled to.

The government told the BBC it was aware of the difficulties the law could cause families in exceptional circumstances, including disasters. The Home Ministry said the issue was being taken seriously and that the law could be amended if necessary.

The government estimates damage to personal belongings at £123 million across more than 8,300 households. The wider reconstruction bill could reach £3.6 billion, according to the government.

Prime Minister Balen Shah told the UN General Assembly in New York that rebuilding Nepal would require more than 10% of the country’s gross domestic product. He called for international assistance in the form of grants rather than new loans.

Among those affected is Tisum Ghale, who said 19 of his relatives, including five sisters, were killed in the flood. He survived because he was working outside the village. His home was destroyed, and he is caring for eight children left behind by his sisters.

Ghale said he had received no compensation and planned to hold a funeral without the bodies of his relatives. “I have lost everything,” he said.

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