Nepal Floods: Families of Missing Struggle with Outdated Laws Amidst Grief

Relatives of those lost in the recent devastating floods in Nepal are facing an administrative and emotional crisis, as an outdated legal framework prevents them from obtaining death certificates, thereby blocking access to crucial flood compensation and hindering the grieving process. In many Hindu traditions, when a body cannot be recovered, a symbolic effigy made from sacred grass is used for last rites, allowing families to honor their deceased.

However, in Nepal, a person is legally considered missing and not officially dead for 12 years, barring specific exceptions not covered by disaster scenarios like the recent floods. This prolonged uncertainty leaves families like Madan Lal Lawat's in limbo. Lawat lost five relatives, including his brother, in the floods that swept through the China-Nepal border. While he has performed symbolic rites, he cannot access government compensation without a death certificate. "I don't know how to start over. Police say they're still searching for the bodies, but I'm not sure they'll ever be found," Lawat said.

Legal Hurdles and Compensation Woes

Section 40 of Nepal's Civil Code, which addresses presumed deaths, was designed for individuals lost abroad and does not accommodate the scale of loss seen in natural disasters. This legal oversight means families struggle to obtain official death certificates, which are necessary to claim funeral cost support of up to 25,000 Nepali rupees (£122; $162) and bereavement compensation of around 200,000 rupees (£981; $1,302) for the first deceased relative and 100,000 rupees (£491; $651) for each subsequent death. Constitutional law expert Bipin Adhikari stated, "In view of the current disaster, the law is outdated." He argued that modern technology makes tracing individuals far easier than when the law was established.

Local authorities are finding themselves unable to issue certificates. "They said they're still discussing the death certificate issue. We aren't sure what to do now. There's so much uncertainty," Lawat recounted after being turned away from a municipality office. Mayors of affected municipalities, such as Rajan Shrestha of Bidur, express helplessness, stating that without federal government intervention, families might have to wait up to 12 years for entitled funds. "Everything is on hold," Shrestha told the BBC.

Scale of Devastation and Financial Impact

The floods have caused widespread destruction, damaging or destroying an estimated 7,570 private buildings and affecting nearly 33,000 people. The government estimates the financial toll on personal belongings alone to be around £123 million ($165 million) across more than 8,300 households. While this averages to approximately £14,800 ($20,000) per household based on census data, the actual losses are immeasurable for many.

Even when bodies are recovered, identification is a slow and difficult process, with Nepal lacking the infrastructure for large-scale DNA processing. Authorities have resorted to collecting DNA samples, burying bodies with markers, and awaiting potential future claims. The town of Betrawati, for instance, was devastated, with its market, school, and homes largely swept away, leaving behind hardened mud and silt.

A Call for Aid and Reconstruction

Prime Minister Balen Shah has appealed for international grant-based support rather than loans at the UN General Assembly, highlighting Nepal's vulnerability to climate change despite its minimal contribution to global emissions. The country faces a staggering reconstruction bill estimated at up to £3.6 billion ($4.8 billion) to repair damaged infrastructure, including schools, hospitals, roads, and hydropower projects.

For many, like Tisum Ghale, who also lost his home in the 2015 earthquake, the floods have brought a devastating sense of déjà vu. Nineteen of his relatives were killed in Betrawati, leaving him to care for eight orphaned children. Without compensation and a home, he joins thousands displaced and awaiting recognition of their loss. He hopes the law will soon acknowledge the reality that his loved ones are gone forever, enabling his family to move towards recovery.