Missing in Disasters: Neither Alive Nor Dead
- Jay Singh Rawat
Recent natural disasters, including cloudbursts, flash floods, and landslides in Uttarakhand, Himachal Pradesh, and Jammu-Kashmir, have once again demonstrated that the tragedy of natural calamities extends beyond mere deaths. The greater challenge lies with those who go missing and remain neither confirmed alive nor legally declared dead. This monsoon season, by mid-September 2025, over 40 deaths have been confirmed due to floods and landslides in Jammu-Kashmir, with approximately 45 people still unaccounted for. Similarly, a sudden flash flood in Dharali, Uttarakhand, left nearly 100 people missing, with only 4 bodies recovered. In Himachal Pradesh’s Kullu and Mandi districts, 56 deaths have been confirmed, with dozens still missing. This year, the record for natural disasters has been shattered, with the number of missing persons often exceeding the reported fatalities in each incident. These recent events not only point to the fragile geography of the Himalayan states but also highlight a significant legal and humanitarian crisis, leaving families of the missing in prolonged agony and uncertainty.
The Himalayan region, particularly its western part, is disaster-prone due to its unique geographical and climatic features. During the monsoon months, heavy rainfall triggers landslides, cloudbursts, and glacial lake outbursts, which have become commonplace. According to government data, by September 18, 2025, 103 deaths have been recorded due to natural disasters in Uttarakhand, with the number rising to 110. In the massive Dharali disaster, only 4 bodies have been recovered so far—legally recognized as deceased—while 67 others remain missing. Determining the exact number of missing individuals is challenging, especially since a large number of Nepali laborers were present at the time. In Himachal too, the number of missing persons exceeds the confirmed deaths. In 2023, a glacial lake outburst in Sikkim resulted in 74 deaths and 101 missing, with 79 later declared dead. The February 2021 Chamoli disaster saw over 200 deaths and 136 missing. The 2013 Kedarnath disaster recorded 580 deaths, but over 5,000 people were reported missing, most of whom were never found. National and international reports indicate that floods and landslides in India cause an average of over 1,000 deaths annually, yet no systematic data is maintained for missing persons. Experts estimate that the number of missing individuals could be 20 to 50 percent higher than the death toll, as bodies are often washed away or buried under debris.
In India, the legal basis for declaring a missing person dead is Section 108 of the Indian Evidence Act, 2023. This law stipulates that a person can only be legally presumed dead if they have been missing for seven years without any trace. While this provision is useful in normal circumstances, it poses a significant hurdle for families affected by natural disasters. Delays in compensation arise because disaster relief funds are disbursed only to the families of the deceased. Families of the missing must wait seven years, and without a death certificate, they cannot access property transfers, insurance claims, pensions, or government scheme benefits. Facilities like widow pensions, compassionate job appointments, or children’s scholarships remain out of reach. This pushes impoverished families into economic and social insecurity. Consequently, states like Himachal, Uttarakhand, and Sikkim are advocating for the swift declaration of missing persons as deceased in disaster scenarios.
In some cases, the government has made exceptions, declaring missing persons dead before the seven-year mark. In the 2013 Kedarnath disaster, thousands of missing individuals were declared dead within a year. Similarly, in the 2023 Sikkim disaster, the state government issued special orders to expedite death declarations and provide compensation. However, this remains an ad hoc arrangement, with no permanent national policy in place.
Scientists believe that climate change is increasing both the frequency and intensity of Himalayan disasters. Since 1951, average rainfall in Uttarakhand has risen by 14 percent, but this increase manifests as extreme rainfall rather than normal precipitation. International studies indicate that the rate of glacier melting in the Himalayas has doubled, heightening the risk of glacial lake outbursts. As a result, the number of missing persons in future disasters may rise further.
Several countries have legal provisions to declare missing persons dead sooner after disasters. In Japan, individuals missing after earthquakes and tsunamis can be declared dead within a year. Following the 2015 earthquake, Nepal enacted a special ordinance to declare missing persons dead. India also needs a similar framework to ensure timely justice for affected families.
Experts suggest that India should amend its disaster management laws. The National Disaster Management Act should be revised to allow the declaration of missing persons as deceased within one to two years after a disaster. States should be empowered to issue rapid declarations through gazette notifications under special circumstances. A centralized digital register for missing persons should be established, with regular updates on search and relief efforts. Instead of a seven-year wait, interim compensation and social security benefits should be provided immediately.
Missing persons in natural disasters are not just statistics; they represent unfinished stories for every family. Their relatives cannot mourn properly or access legal and financial relief. The recent tragedies in Uttarakhand, Himachal, and Jammu-Kashmir underscore that the issue of missing persons is more complex and severe than the death toll. The government must reform disaster management laws and take concrete steps to address this. The sooner a missing person’s legal status is resolved, the faster affected families can return to normal life. While the sorrow caused by disasters may be unavoidable, sensitivity in law and policy can certainly alleviate it.