Their loved ones are gone. The law says they are still missing
Summary
Families of people missing in the August 26 floods in Rasuwa and nearby districts are unable to claim relief or perform funeral rites because Nepal’s law requires a death certificate, which cannot be issued without a body. Local governments have asked the federal government to make an immediate legal or Cabinet-level fix.
Key Points
- Relatives of flood victims in Rasuwa, Nuwakot, Dhading and Gorkha say they cannot register deaths or access compensation without bodies and death certificates.
- Section 40 of Nepal’s Civil Code, 2017, currently allows presumption of death only after 12 years of continuous missing status, creating an immediate legal hurdle.
- Local governments and district authorities have written to the home ministry and asked the federal government for an urgent mechanism or Cabinet decision.
- Officials say the issue is under discussion and a decision is expected within days.
