Shimla, Sept 6,
The Himachal Pradesh government announced on Friday that the 41 individuals missing in recent cloudburst tragedies in Bagipul, Samej (Kullu), and Padhar (Mandi) cannot be declared dead for seven years. This is due to regulations outlined in the Central Birth and Death Registration Act. Revenue Minister Jagat Singh Negi provided this information in response to a question from Congress MLA Nand Lal. Negi explained that while these individuals are presumed to have lost their lives, official death declarations cannot be made without recovered bodies.
This delay also impacts the disbursement of ex-gratia payments to the next of kin, as such payments can only be processed once an official death certificate is issued.
Negi further highlighted that this lengthy process poses a significant issue for the state government. In the aftermath of previous disasters, such as the Uttarakhand floods, the central government granted exemptions from the seven-year requirement.
A similar exemption was also granted for victims of last year’s monsoon floods. Under the existing law, a civil judge has the authority to officially declare a missing person deceased. In cases where body parts have been recovered, the government is using DNA analysis to verify identities.
Chief Minister Sukhvinder Singh Sukhu, intervening in the discussion, acknowledged the challenges posed by missing persons in natural disasters. He noted that many bodies decompose and are never recovered after cloudbursts and similar tragedies, making it emotionally difficult for families.
Sukhu said the government is exploring mechanisms to allow for faster declarations of death in such cases, reducing the emotional strain on affected families.
During the last two years (up to July 31, 2024), 41 people have been reported missing due to disasters. Section 111 of the Indian Evidence Act, 2023 outlines the procedure for declaring a missing person dead. It states that if a person has not been heard from for seven years by those who would naturally have heard from them, the burden of proof shifts to the person claiming that the individual is still alive. However, in extreme events like the 2013 Uttarakhand tragedy, the Registrar General of the Ministry of Home Affairs issued guidelines for registering deaths of missing persons in natural calamity-affected areas. This procedure was also prescribed for the State of Himachal Pradesh after the 2023 floods. Once a death certificate is issued, ex-gratia relief can be paid from the SDRF/NDRF.
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