Families in Nepal are facing significant administrative challenges in the aftermath of last month's deadly floods, as over 5,000 people remain missing and rescue operations have ended. The current legal framework complicates efforts to obtain death certificates for those presumed lost.
Under Nepal's Civil Code, a missing person is only presumed dead after 12 years. Constitutional law expert Bipin Adhikari states that the law, designed for individuals who travelled abroad, is outdated for current disaster circumstances.
This legal hurdle is preventing families from accessing flood compensation, transferring properties, and managing inheritances. Relatives can receive up to 25,000 rupees for funeral costs, and bereavement compensation of 200,000 rupees for the first death and 100,000 rupees for each additional death, but only with a death certificate.
Local governments, including Bidur municipality, are urging the prime minister's office to address the death confirmation issue. Bidur's Mayor, Rajan Shrestha, warned that families could wait up to 12 years to access entitled funds. The prime minister's office has acknowledged the difficulties and stated the government is considering amending the law if necessary.