KATHMANDU: Nepal’s government has halted search and rescue operations for 4,720 people still missing from the devastating August 26 floods. The decision by Prime Minister Balendra Shah’s office on Monday, October 5, coincides with a Cabinet recommendation to President Ram Chandra Paudel to issue an ordinance that would reduce the legal period for declaring a missing person dead from 12 years to 45 days, a move that has drawn mixed reactions from affected families.
Families divided over decisions
The government’s decision to cease search efforts has angered some families who still hold onto hope. Usha Khatri, searching for her missing husband, expressed frustration. “I am so angry at the government for giving up on search and rescue with thousands of people still missing,” Khatri said. “I just don’t understand how they can do that when we still have hope left that our loved one can still be found.” She demanded either her husband’s body or “solid proof” of his death before any declaration.Mahesh Shrestha, whose engineer brother went missing from a damaged hydropower project, echoed this sentiment. “Our family demand they continue looking for him,” Shrestha stated.However, others welcomed the proposed legal amendment, seeing it as a path to closure. Niranjan Poudel, who lost five family members in the flood, said, “After so many days and weeks there is little or no hope of finding anyone alive. We are sure that none of our family members survived and we are just looking for a closure.” Poudel noted the government had previously refused to issue death certificates, citing the need for legal amendments. Death certificates are crucial in Nepal for families to receive compensation, insurance, and inherit property.
Ordinance to shorten missing person declaration period
On Wednesday, October 7, a Cabinet meeting recommended that President Ram Chandra Paudel issue an ordinance to amend certain Nepal laws related to disasters. This amendment would significantly reduce the period after which a missing person can be legally declared dead from the current 12 years to approximately 45 days.Government spokesperson Sasmit Pokharel, who is also the Minister for Education, Science and Technology, highlighted the significance of the change. “The 12-year period is being reduced to around 45 days,” Pokharel said, explaining that the change aims to address the legal limbo faced by families of those unaccounted for after major disasters.Under the existing Muluki Dewani Samhita Ain 2074 (Civil Code Act 2017), a person is generally presumed dead after being missing for 12 years. Exceptions include individuals over 80 years missing for five years, soldiers missing for four years after a war, and accident victims missing for three years.
Devastating August 26 floods
The catastrophic floods and debris flows of August 26, 2026, devastated river valleys along the Nepal-China border, triggered by a partial collapse of a glacier on Langtang Lirung mountain. The disaster, described as a glacial lake outburst flood (GLOF) or rock-ice avalanche, caused extensive damage in districts such as Rasuwa, Nuwakot, Dhading, Gorkha, Tanahun, Nawalparasi, and Chitwan. The Kerung border port on the Nepal-China border was completely destroyed.As of Wednesday morning, October 7, Nepal Police Headquarters reported 1,457 bodies recovered and 4,720 people still missing. An initial government report estimates that approximately 1.6 million people were affected, and about 7,500 homes were damaged or completely destroyed. The government’s preliminary estimate for reconstruction and rehabilitation costs is Rs 723 billion (approximately $5.4 billion).
Reconstruction efforts to intensify
With the Cabinet’s recommendation, President Paudel is expected to proceed with issuing the ordinance. Prime Minister Shah’s office has stated that while essential search operations will continue, the primary focus will now shift to rehabilitation and reconstruction, including restoring roads and bridges.Prime Minister Shah assured that the state would reach all affected citizens and take full responsibility for rescue, treatment, food, and shelter. He added that reconstruction and rehabilitation efforts would be coordinated among federal, provincial, and local governments.The floods also impacted districts in Madhesh Province, including Nawalparasi and Chitwan, damaging embankments along the Narayani River. Highways in Madhesh Province were also affected by floods and landslides. The Madhesh Province Chief Minister’s presence at a meeting of the National Council for Disaster Risk Reduction and Management at the Prime Minister’s office confirmed the province’s involvement in the disaster response.
Unanswered questions remain
The long-term social and legal implications of the 45-day missing person declaration require further discussion. The status of a Supreme Court suggestion to establish a DNA data bank for identifying missing persons is unclear. Additionally, specific details regarding the status of hundreds of foreign nationals reported missing and the process of informing their families are unavailable.
