Months after catastrophic floods devastated Nepal, thousands of grieving families remain trapped in an administrative void because their missing loved ones cannot be legally declared dead. While rescuers have concluded search operations, more than 5,000 people are still unaccounted for, leaving relatives unable to process inheritance, transfer property, or access vital disaster compensation.
In Hindu tradition, when physical remains are unrecoverable, mourners create symbolic effigies from sacred “kusha” grass to perform last rites. At the Pashupatinath temple in Kathmandu, families like that of Madan Lal Lawat have gathered to honor those lost during the deluge that struck the China-Nepal border last month.
Lawat, who survived because he was driving his bus outside his home village of Betrawati, is mourning five missing relatives, including his brother Mangal. According to survivor accounts, Mangal perished while going door-to-door warning residents of the rising waters. Despite Lawat’s certainty that his family members are dead, Nepali law complicates their official status.
Under Section 40 of Nepal’s Civil Code, a missing person is presumed dead only after a 12-year absence. The legislation was originally designed for cases involving individuals who traveled abroad and lost contact over many years, not for sudden mass-casualty events. Consequently, local municipalities have rejected requests for death certificates, citing a lack of legal clarity.
“They said they’re still discussing the death certificate issue. We aren’t sure what to do now. There is so much uncertainty,” Lawat told the BBC. “Police say they’re still searching for the bodies, but I’m not sure they’ll ever be found.”
Constitutional law expert Bipin Adhikari described the current statute as outdated in the context of modern technology, which makes maintaining contact far easier than when the law was drafted. He noted that the civil code lacks provisions for disaster-related disappearances, creating a “legal minefield” for survivors.
The inability to secure death certificates has dire financial consequences. Families are eligible for up to 25,000 rupees for funeral expenses and bereavement payments ranging from 100,000 to 200,000 rupees per death. However, these funds are disbursed only upon submission of official death documentation.
Rajan Shrestha, the mayor of Bidur municipality in the Rasuwa district, reported that local governments are urging the prime minister’s office to intervene. Bidur suffered the highest concentration of damage in the region, with over 3,000 buildings destroyed or damaged. Shrestha warned that the 12-year wait for legal presumption of death could leave families without support for over a decade.
“Everything is on hold,” Shrestha said. “We understand the emotional pain for families who have already performed funeral rituals, but officials must work within legal boundaries to avoid future liabilities.”
The scale of the disaster is immense. Nepal’s government estimates that damage to personal belongings alone exceeds £123 million across more than 8,300 households. In the village of Betrawati, flash floods swallowed homes, markets, and the local school within minutes, leaving behind hardened mud and silt. To date, authorities have recovered more than 1,400 bodies, but identification processes are slow due to limited DNA processing capacity.
Nepal’s Prime Minister Balen Shah has highlighted the economic strain at the UN General Assembly, stating that reconstruction could cost up to £3.6 billion, representing more than 10% of the nation’s GDP. Shah argued that climate-driven disasters in low-emission countries like Nepal should be met with grant-based international support rather than new debt.
For survivors like Tisum Ghale, the bureaucratic delays compound personal tragedy. Ghale lost his home in the 2015 earthquake and had rebuilt his life in Betrawati, only to lose 19 relatives, including five sisters, in the recent floods. Now homeless and caring for eight orphaned children, he remains stuck in a holding center, unable to claim compensation.
The government has acknowledged the difficulties posed by the current law. A statement from the prime minister’s office confirmed awareness of the challenges faced by families in exceptional circumstances, while the home ministry indicated readiness to amend the legislation if necessary.
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