For weeks, families of people swept away in the August 26 floods have faced a bleak paperwork problem. Without a recovered or identified body, they could not get a death certificate. Now the government has set out a way to seek one.
The procedure was approved by the executive committee of the National Disaster Risk Reduction and Management Authority (NDRRMA). The Ministry of Home Affairs published it on its website in October. It applies to people missing in the Bhotekoshi-Trishuli disaster.
Why it matters
Being listed as missing is not the same as being legally declared dead. Without an official record, families have struggled to claim compensation, insurance payments, property-related services and other entitlements.
Some families performed funeral rites using symbolic bodies made from kusha grass, in line with Hindu tradition.
Under the National Civil Code, a person is generally presumed dead after about 12 years of disappearance, subject to exceptions. That is not workable for families after a disaster like this.
From a proposed law to a procedure
On October 7, officials said they were pursuing an amendment that would cut the waiting period to around 45 days in relevant disaster cases. On October 12, the NDRRMA approved the case specific procedure.
How Nepali citizens apply
1.The local government publishes a notice, allowing up to five days to establish the missing person’s identity.
2.A relative from the same household goes to the ward office with identity documents and proof of relationship. The applicant fills in a form with a photograph and fingerprints, and declares that the person went missing in the August 26 floods.
3.The applicant confirms the disappearance was caused by the disaster and accepts legal action if the information is false.
4.The ward committee examines the application and sends it to the local disaster management committee.
5.The verified list is published, with three days for objections or competing claims.
6.Any objection is investigated before the final details go to the relevant authorities.
If no household member can apply, the ward chairperson can help through a field inquiry report prepared with the ward secretary and local police. The checks are meant to link each case to the disaster and reduce false claims.
What for foreign nationals
Foreign nationals follow a separate route. Their details go through the Home and Foreign ministries to the relevant embassies or diplomatic missions, which can verify them and return corrections or extra details. The disaster authority can then recommend that the Home Ministry declare a person dead, after its executive committee reviews the verified information.
Bigger picture
The procedure removes one barrier but does not settle everything. Authorities must still verify each application, resolve disputes and make sure final records reach the offices that handle death registration and compensation.
