No body, no closure: How is death legally proven?
Summary
Families of people missing in the Bhotekoshi floods can seek a judicial declaration of death even if bodies are never recovered. Under Nepal’s Civil Code, courts may legally recognize death when sufficient evidence shows a person likely died in a disaster or accident.
Key Points
- Nepal’s National Civil (Code) Act allows a missing person to be declared legally dead through a court process without waiting 12 years if the disappearance happened in a disaster or accident.
- Families must submit evidence such as the date, place and circumstances of disappearance, and the court can issue a declaration of death if satisfied.
- A court declaration can be used to register the death at the ward office and settle property, inheritance and other legal matters.
- Authorities say flood-hit families face extra hardship reaching courts, while thousands remain officially missing and DNA samples are being used to identify recovered bodies.
