The Jammu & Kashmir And Ladakh High Court has directed the government to issue death certificates for 18 missing victims of the Hunzar Dachhan Cloudburst who are presumed dead. This move follows the loss of life and property that was reported from the Hunzar Area of Dachhan Tehsil during the intervening nights of 27/28 July 2021. The worst affected were the 26 persons who went missing, of which eight bodies have been recovered so far. The authorities have now issued a detailed order declaring all the missing victims as dead, alongside instructions to officials to speed up compensation cases for the families of the victims within a month.
Background to the Hunzar Dachhan Cloudburst
During the intervening nights of 27/28 July 2021, incidents of cloudbursts resulting in flash floods were reported from Hunzar Area of Dachhan Tehsil of Kishtwar district. This resulted in the loss of life and property, with 26 persons going missing. Eight dead bodies have been recovered so far, while 18 are still missing. Following this tragedy, the procedure for declaring the missing 18 as dead was processed. This involved lodging a missing report in the concerned police station, obtaining copies of police reports and Roznamchas of concerned PH (Loharna) report of field staff, statements from family members, prominent persons including Sarpanch/Naib Sarpanch Loharna B and resolution of the general public of Hamlet Hunzar. General information was also provided to the public, and information/objections about the whereabouts of the missing persons were received within a period of 30 days from the date of publication.
Enquiry Report and Committee Meeting
The SDM Marwah submitted an enquiry report vide no. SDM/ M/ GEN/ CAMP/K/ 536-38 Dt:- 30.10.2021 stating that the 18 missing persons can be strongly presumed to have been present at the site of the flash flood in Hunzar, which happened on 27/28 July 2021. Despite strenuous efforts of NDRF, SDRF, and state police, their dead bodies could not be traced to date. The enquiry report has a recommendation to declare the missing persons as dead as a special case, keeping in view the magnitude of the calamity and quantum of loss of life and property. A meeting of the screening committee headed by DC Kishtwar and SP Kishtwar, SDM Marwah and Army authority of 17RR, Tehsildar Dachhan, SHO Dachhan and DI CID SB Kishtwar was accordingly held on 01.11.2021. After a thorough discussion of the agenda points, all the participants and members unanimously agreed that the missing persons should be declared dead in the absence of any provisions in the relevant rules for declaring them dead before the lapse of a considerable period. The committee decided to request the government to issue directions/instructions in relaxation of rules for declaring the missing persons as dead so that benefits under different provisions could be given to the family members of the missing persons.
Legal Opinion and issuance of Death Certificates
A legal opinion was sought, and it was confirmed that all formalities had been complied with, and no objections had been received from any quarter regarding the death of missing persons. The police in their report categorically mentioned that the persons who were reportedly missing had died in the said incident. It was inferred from the chain of circumstances that there was not an iota of doubt that the eventuality had resulted in the death of these persons, and there was no likelihood that their bodies could be traced later on.
The issuance of death certificates for the 18 missing persons has brought some sense of closure to their families who have been anxiously waiting for any news since the cloudburst occurred. The families can now avail of the compensation and other benefits that are provided to the families of deceased persons in such incidents.
Compensation Process for the Families
The compensation process for the families of the deceased has also been expedited, with the Deputy Commissioner of Kishtwar setting a deadline of one month for the completion of the process, including the issuance of death certificates for the missing persons. The compensation will be provided as per the guidelines set by the government, and the rightful claimants will receive the same.
The government has also directed the officials to speed up the process of disbursing relief benefits among the rightful claimants immediately as per the directions. This will provide much-needed relief to the families who have lost their loved ones in the incident.
Lessons Learned from the Hunzar Cloudburst
The Hunzar cloudburst has once again highlighted the need for better disaster management in the region. The Jammu and Kashmir government has already started taking steps to improve the disaster management infrastructure in the region and has promised to provide better equipment and training to the rescue teams.
The government has also announced that it will carry out a detailed survey of the area to identify the vulnerable areas and take necessary measures to prevent such incidents in the future. The government has also called upon the local communities to be more vigilant during the monsoon season and report any incidents of landslides, cloudbursts, or floods immediately to the concerned authorities.
Govt established Emergency Operation Centers
The Jammu and Kashmir administration has announced plans to establish Emergency Operation Centers (EOC) in all 20 districts to reduce the impact of natural disasters in the region, as per reports reached The Chenab Times on Tuesday. The state is highly susceptible to flood damage and falls within earthquake zone IV and V. The project will be implemented in accordance with the National Disaster Management Plan (NDMP) 2019 and has already commenced construction in the Budgam district. The EOC will have a comprehensive disaster management plan to help build the capacity of the UT and district administration in managing disaster risks, enhancing preparedness, and achieving resilient recovery.
The J&K administration has signed a Memorandum of Understanding with the National Disaster Management Authority (NDMA) for the implementation of an Emergency Response Support System (ERSS) to coordinate disaster calls in Dial No. 112. The Economic Survey 2022-23 report states that around 1.5 lakh community volunteers will be engaged in three phases to respond to disasters in a planned manner and reduce loss of life and economic losses. Hazard mapping, assessment, and impact assessment will be standardized for different sectors and regions. The focus is on promoting community-based disaster management and defining roles for all relevant stakeholders with clarity.
The officials added that due to flood and earthquake hazards, the average annual loss (AAL) for J-K is Rs 1,774 crore. The AAL for earthquakes is Rs 1,488.44 crore, which is approximately 0.15% of the total exposure value. The river flood risk AAL for Jammu and Kashmir is Rs 286.50 crore, which is about 0.03% of the total export cost of UT. The worst affected districts by floods are Srigarh followed by Baramulla district. The officials emphasized the need for forecasting and early warning of meteorological events and hazards and alignment of State and District plans with the Sendai Framework.
At the end
The declaration of the 18 missing persons as dead and the issuance of death certificates has brought some closure to their families who have been waiting for any news since the cloudburst occurred. The compensation process for the families has also been expedited, and the government has assured them of all possible assistance in this difficult time.
The Hunzar cloudburst has once again highlighted the need for better disaster management in the region, and the government has already started taking steps to improve the same. It is hoped that the lessons learned from this incident will be taken seriously and necessary measures will be taken to prevent such incidents in the future.
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Anzer Ayoob is the Founder and Chief Editor to The Chenab Times
