Legal Amendment to Declare Flood-Disappeared Persons Dead, Opening Path for Insurance Claims
The Nepal government has simplified the legal process to declare citizens missing in disasters as dead. This amendment opens the way for heirs of those missing in the Rasuwa Bhote Koshi disaster to obtain death registration certificates and insurance claim payments.
Kathmandu. The Nepal government has published amendments to the 'Disaster Risk Reduction and Management Act, 2074' and the 'National Identity Card and Registration Act, 2076' through a Council of Ministers ordinance in the Nepal Gazette. It is believed that this amendment will provide relief to the families of those missing in floods.
The process of legally declaring citizens missing in disasters as dead and simplifying death registration has been eased. The ordinance defines clear roles for various agencies and sets out the process for declaring death. Under this, five stages must be completed:
- Recommendation from the local level where the deceased had permanent residence
- Decision by the Disaster Management Committee
- Publication of a 7-day public notice by the Disaster Authority
- If no claim or objection is filed within 7 days of the notice publication, or if claimants are removed from the list, the Executive Committee recommends to the Nepal government to declare only the remaining missing persons as dead
- Finally, declaration of death by the Council of Ministers
After the Council of Ministers declares death, an application for death registration must be submitted to the Registrar's Office of the local level where the deceased had permanent or temporary residence, along with the certificate (proof) containing the name in that detail and a copy of the citizenship of the informant. The local level will issue the death registration certificate.
According to the Muluki Civil Code 2074, there is a legal provision that a person can be declared dead only after 12 years of disappearance by court order. The ordinance has also opened another legal avenue for declaring death.
With the implementation of the amended ordinance, it will greatly help the heirs of citizens missing in the Rasuwa Bhote Koshi disaster to obtain death registration certificates and receive insurance claim payments, providing them relief. Based on the death registration certificate obtained from the local level, they can immediately apply for death claims from insurance companies.
A total of 5,285 people are still missing in the devastating disaster that occurred in the Bhote Koshi River in Rasuwa. According to the Authority's status report, more than 1,455 people have been confirmed dead in the severe floods and landslides on Bhadra 10. Some bodies found after the floods and landslides are decomposed, and some are in an unidentifiable condition. This has made it difficult to identify and confirm the deceased.