Kathmandu, October 6
The government is preparing to amend two laws to facilitate the registration of deaths of people who went missing in the devastating Bhotekoshi–Trishuli disaster. The amendments will be pursued through a “fast-track” process.
Home Ministry Secretary Kedar Nath Sharma and Law, Justice and Parliamentary Affairs Ministry Joint Secretary Subash Kumar Bhattarai provided the information at a meeting of the parliamentary special committee formed to study the Bhotekoshi–Trishuli disaster at Singha Durbar on Tuesday.
Bhattarai said the existing legal procedures were making it difficult for families of missing persons to access relief, compensation and other legal benefits.
The Law Ministry is preparing to prioritise proposals from the Home Ministry to amend the Disaster Risk Reduction and Management Act and the National Identity Card and Registration Act.
“As the existing legal provisions are not sufficient for declaring the death of missing citizens and registering their deaths, the process of amending the relevant laws has been initiated in coordination with the Home Ministry,” Bhattarai said. “We are preparing to move the process forward through a fast-track procedure as necessary.”
The ministry said the death declaration and registration procedure under the existing Civil Code is lengthy and cumbersome. Bhattarai said discussions were also underway on how to expedite the amendment process even when Parliament is not in session.
Long-term legal reforms for climate-related disasters
Bhattarai said legal reforms were also needed to address the long-term impacts of climate-related disasters.
He said the government would discuss with the Ministry of Forests and Environment whether to amend the Environment Protection Act or enact a separate law on climate change.
He also said the Land Use Act and laws related to infrastructure safety needed revision to ensure risk-based land classification and use.
The special committee, coordinated by the Minister for Law, is holding discussions with representatives of various ministries on these reforms.
Bhattarai said reforms were necessary not only to address the immediate consequences of climate-related disasters but also to reduce future risks through stronger laws on disaster management, environmental protection, land use and infrastructure.
Home Secretary Sharma described the Bhotekoshi–Trishuli disaster as one of the most devastating and unprecedented disasters Nepal has experienced, saying it had also raised questions about the government’s preparedness.
He said search, rescue and relief operations had been carried out through the joint efforts of federal, provincial and local governments, security agencies and other bodies. The government has now shifted its focus to rehabilitation and reconstruction.
13,795 rescued, 1,457 bodies recovered
Sharma said 13,795 people had been rescued by land and air following the disaster.
A total of 1,457 bodies have been recovered. Of these, 1,334 have been managed, while 112 have been identified and handed over to their families.
DNA samples have been collected from 2,066 people to identify the bodies. Sharma said the government was working to obtain DNA test results before Dashain and had sought the assistance of foreign experts where necessary to expedite DNA matching.
He said search and rescue operations initially faced difficulties because of challenging terrain and adverse conditions, but government agencies, security forces and local governments were now working in coordination.
Damage estimated at Rs 723 billion
Sharma said the National Planning Commission’s Rapid Damage and Needs Assessment had estimated the initial damage from the disaster at Rs 723 billion.
The government has completed the search and rescue phase and entered the rehabilitation and reconstruction phase, he said. A decision to provide affected families with Rs 15,000 to Rs 19,000 per household for rent is being implemented.
Around Rs 170 million has been sent to local governments and district disaster management funds for relief. Sharma said some technical delays had occurred because payments could only be processed after beneficiaries were identified.
A detailed assessment of damaged public infrastructure is underway, with rehabilitation and reconstruction being advanced in coordination with the concerned ministries and the Ministry of Finance.
Sharma also said work had begun to identify land and develop infrastructure for the long-term resettlement of people currently staying at holding centres.
