Kathmandu. Even though the families of those who went missing in the floods in Bhotekoshi of Rasuwa on August 23 have made a statue of Kush and performed the last rites, it will be difficult to get the money in the bank, insurance claims, ancestral property and relief facilities as they have not been able to prove the death legally.

The families of some of the missing people have also made idols of Kush and cremated them saying that their relatives died in the floods. However, Section 40 of the Civil Code, 2074 has a provision that a person has to wait for 12 years to be declared dead in case of disappearance, so they cannot be legally proved dead immediately.

This has a direct impact on the economic and social rights of the families of the deceased.

Until the death is legally proved, the death registration certificate cannot be obtained from the ward and due to this, it is difficult to transfer the money and other property in the name of the deceased’s family members.

Similarly, insurance companies do not pay insurance claims unless the deceased is legally proven.

This will create a situation where the families who have lost their relatives in the floods will not be able to get the insurance money immediately and will also be deprived of facilities like relief and pension.

Nepali Congress (NC) President Gagan Kumar Thapa has urged the government to immediately end the legal deadlock.

“Hundreds of families have been snatched away by the floods in Rasuwa and the survivors are struggling to resume their lives,” Thapa said. ”

Thapa said that the families of the disappeared have made a statue of Kush and performed the last rites but they have not been able to prove that they are ‘dead’ due to the legal provisions.

“I raised this issue soon after returning from Rasuwa and Nuwakot,” Thapa said, adding, “I will never forget the complaints about how the legal hurdles of the state are tormenting them over the unimaginable grief of losing their relatives.” ”

According to Thapa, the flood-affected families are in more confusion as the official data is yet to be made public even after three weeks of the floods and different data released by different state bodies.

According to him, due to the legal confusion, not only the death of the missing person cannot be registered, but the way for the transfer of ancestral property and bank account is also closed. Similarly, the family may be deprived of insurance claims, relief and pension benefits and may have to face a lengthy legal process of approaching the court for a ‘judicial declaration of death’.

Stating that the bereaved citizens should not be subjected to further legal hassles, Thapa said that the federal government should immediately amend the laws to remove such obstacles.

He also demanded that the amended law should make clear provisions for protecting the legal status, property and identity of a person who has been declared dead in the future.