- Nepal is amending laws to allow death registration for people missing in disasters without requiring the recovery of their bodies.
- The proposal removes the mandatory twelve-year wait, allowing families to declare missing relatives deceased through local registrars instead of courts.
- The government will establish clear criteria for ending search operations and identifying recovered bodies through scientific methods like DNA testing.
- These legal changes aim to simplify access to government relief, insurance claims, and property inheritance for disaster-affected families.
Kathmandu: The government is preparing to amend existing laws to allow the deaths of people who go missing in natural disasters to be registered even when their bodies are not found.
The proposed changes would allow a person who remains missing after search and rescue operations are completed to be presumed dead under certain conditions. The government also plans to allow the death to be registered through the local registrar, reducing the need for families to go through a separate court process.
The proposal is aimed at families who face legal and financial problems when the whereabouts of their relatives remain unknown after floods, landslides and other disasters.
The issue has received greater attention following the Bhotekoshi flood in Rasuwa, where several people went missing. Some bodies recovered from the disaster have also remained unidentified. Authorities have been carrying out DNA tests and other procedures to establish their identities.
The Ministry of Home Affairs has prepared a draft bill to amend several laws related to the issue and has sought suggestions from concerned parties. The government plans to revise the draft based on the suggestions before moving it ahead.
Current law requires a long wait
Nepal's Civil Code, 2017, already has provisions for declaring a missing person dead after a certain period.
Under Section 40 of the Code, a person who has remained missing without any information for 12 years can be presumed dead. The same provision applies when no information about the person has been received for 12 years by anyone who could reasonably be expected to have information about the person.
The law also provides shorter periods in some cases. A person aged 80 or above who has been missing for five years can be presumed dead. A soldier who went missing during a war can also be presumed dead if there has been no contact for four years after the war ends.
The government says these provisions are not suitable for cases involving major disasters.
In a flood or landslide, a person may be swept away or buried, making recovery of the body difficult. Search operations may continue for days or weeks, but the person's body may never be found.
Under the current general provision, however, the family may have to wait many years before the person's death can be legally established.
Separate provision proposed for disasters
The government is therefore proposing a separate legal provision for people who go missing during disasters.
According to the proposal, if a person cannot be found after the government has completed search and rescue operations, the person could be presumed dead based on a government decision.
The provision could apply whether or not the affected area has formally been declared a disaster crisis zone.
This would allow authorities to deal with disaster-related disappearances separately from ordinary cases of people who have been missing for many years.
However, the final law will need to clearly define when a search and rescue operation can be considered complete.
The law will also need to specify what evidence authorities must consider before declaring a missing person dead.
Families may not need to go to court
The proposed changes would also reduce the need for families to seek a separate declaration from a court.
Under the existing system, relatives of a missing person can approach a court and request a declaration of death. The court can examine the available evidence before making a decision.
Such a process can be difficult when a disaster causes many people to go missing at the same time.
Families affected by a disaster may already be dealing with displacement, loss of income and other problems. Requiring each family to file a separate case can add another burden.
The proposed system would allow the government to make the required decision in disaster-related cases and would remove the need for a separate judicial declaration in such circumstances.
At the same time, the new system would need a mechanism for families to challenge or review a decision if they believe that a search was incomplete or new information becomes available.
Local authorities could register the death
The government is also proposing changes to the National Identity Card and Civil Registration Act, 2019, to make death registration possible at the local level.
Under the proposed provision, an application could be filed with the local registrar at the missing person's permanent address, temporary place of residence or the place where the disaster occurred.
Applicants would have to submit the required identification documents and other details.
If the person had a citizenship certificate, a copy would have to be submitted. If the person did not have citizenship, other identifying information would be required. The citizenship certificate of the person reporting the death would also have to be submitted.
For foreign nationals, the proposal requires documents such as a passport and visa, along with a recommendation from the local authority where the incident occurred.
After checking the documents and information, the local registrar would be able to register the death and issue a death certificate.
Relief may become easier to provide
The absence of a death certificate can create problems for families seeking government relief after a disaster.
Families may be required to provide proof of death before receiving certain benefits. This can be difficult when a person is missing and the body has not been recovered.
If the proposed law is implemented, death registration could make it easier for families to complete the documentation required for relief and other government services.
However, immediate disaster assistance should not necessarily depend on death registration.
A family may need food, shelter, medical treatment or financial support soon after a disaster, even though the legal process for determining the status of a missing person may take longer.
Relief and death registration may therefore need to be handled as separate processes.
Property and bank accounts remain a concern
The legal status of a missing person can also affect property and financial matters.
Families may face difficulties dealing with land, houses, bank accounts, businesses, insurance claims and other assets held in the name of a missing person.
A death certificate can provide the legal basis for starting inheritance and other procedures.
However, death registration does not automatically transfer property to family members. The heirs would still have to follow the procedures required by property, inheritance, banking and other relevant laws.
The proposed changes could nevertheless allow families to begin those procedures without waiting for many years.
Government also plans rules for unidentified bodies
The government is also proposing changes to the Disaster Risk Reduction and Management Act, 2017, concerning the recovery and management of bodies after disasters.
The proposed changes would provide for the search, storage and handover of bodies recovered from disaster sites.
Identification would be an important part of the process, particularly when several people die in the same incident.
Authorities may need to use DNA testing, fingerprints, dental records and other scientific methods to identify bodies whose identities cannot be established through ordinary documents.
The government has also been working on procedures for managing unidentified and unclaimed bodies.
Proper identification is important because a body should not be handed over to the wrong family. It is also important for families who continue to search for missing relatives.
Issue raised in Parliament
The problems faced by families of missing people have also been raised in Parliament.
During a meeting of the House of Representatives on September 23, Nepali Communist Party Chief Whip Yubaraj Dulal drew the government's attention to the situation following the Bhotekoshi flood in Rasuwa.
He raised concerns about the management of bodies, relief for families of missing people and the legal difficulties involved in declaring missing people dead.
He urged the government to make the legal process easier for families affected by disasters.
Clear rules will be needed
The proposed changes could reduce the difficulties faced by families whose relatives remain missing after disasters. But the government will need to establish clear rules before the system can be implemented.
One major issue is the timing of a death declaration.
Authorities must have enough time to conduct search and rescue operations before declaring someone dead. The decision should also take into account the nature of the disaster, the area searched and the available evidence.
The law should also make clear who has the authority to declare a missing person dead and who can review that decision.
Another issue is what happens if a person declared dead is later found alive.
The law should provide a clear process for correcting the death registration and dealing with related property, banking, insurance and other matters.
Need for coordination among agencies
The success of the proposed system will also depend on coordination among government agencies.
Search and rescue teams, security agencies, local governments, hospitals, forensic experts and civil registration offices may all have information about missing people and recovered bodies.
That information will need to be properly recorded and shared.
Local governments will also need clear instructions on how to receive applications, verify documents and register deaths.
Without common procedures, similar cases could be handled differently by different local authorities.
A long-standing problem for disaster-affected families
For families, the disappearance of a relative does not end when search and rescue operations stop.
They may continue to face problems with relief, insurance, property, bank accounts, inheritance and other legal matters.
At the same time, declaring a person dead without adequate evidence can create serious problems if the person is later found alive.
The government's proposed changes are intended to address both sides of the problem.
The challenge will be to establish a process that gives families a way to resolve their legal and financial problems without making premature decisions about a person's death.
The proposed amendments are still under consideration. Their final provisions, including the time required for search operations, the evidence needed for a death declaration and the role of local authorities, will determine how the system works in practice.
