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Families in Nepal Face Legal Hurdle as Flood Deaths Remain Unconfirmed

Hundreds of families are left in limbo after a deadly flood swept them away, yet legal rules keep death certificates unissued. The result? No compensation or inheritance rights.

Source: bbc.co.uk1 min read
Families in Nepal Face Legal Hurdle as Flood Deaths Remain Unconfirmed
Image via bbc.co.uk

In brief

When the flash floods of last month tore through the China‑Nepal border, more than 5,000 people went missing, leaving thousands of families bereaved. The Hindu tradition drove some to construct symbolic grass effigies at the Pashupatinath temple, but Nepal’s law only declares a missing person dead after 12 years. This delay traps families in a bureaucratic quagmire, preventing access to state compensation, property transfers and other essential support. Lawmakers say the system needs reform, but the crisis has already taken a human and financial toll. As the government promises amendments, families like Madan Lawat and Tisum Ghale wait for compensation that could fuel the reconstruction of their devastated communities.

On the banks of the Bagmati River in Kathmandu, families gathered at the Pashupatinath temple to honour loved ones lost in last month’s flash flood that lashed the China‑Nepal border. Because bodies could not be recovered, devotees fashioned symbolic effigies from the sacred “Kusha” grass to perform the last rites. Yet the grief runs deeper: the flood left over 5,000 people missing and the Nepalese law only recognises a missing person as dead after a twelve‑year search.

Madan Lawat, a bus driver from Betrawati, survived because he was away from the village when the waters surged. Five of his relatives—including his brother who perished while warning neighbours—are still unaccounted for.

Without a death certificate, families cannot claim state compensation. Nepal offers up to 25,000 rupees for funeral costs and an additional 200,000 rupees for the first loss, plus 100,000 rupees for each further death, but only after a certificate is filed. The rule, rooted in a 1990 civil code, fails to consider modern realities where evidence can be transmitted instantly.

Local authorities have urged the federal government to amend the law, and the Prime Minister’s office has acknowledged the “exceptional circumstances.” Meanwhile, families like Tisum Ghale, who survived an earthquake in 2015 only to lose most relatives in the flood, have not yet received any compensation. Their homes were washed away, and they now live in displacement centres.

The reconstruction bill for the country could reach up to 3.6 billion pounds, underscoring how vital prompt legal relief is for the nation’s recovery. Nepal’s lawmakers face pressure to revise the law to allow death recognition in disaster contexts, so that bereaved families can move forward rather than wait a decade for closure.

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