The simmering issue of missing persons or the disappeared has often made the headlines just because of the indifference that seems to rule. The draft of the Person Disappearance (Crime and Punishment) Bill-2065 is ready. It has provisions that do not satisfy many including legal experts and rights activists. The draft is supposed to be ready to be tabled in the Constituent Assembly for adoption. The whole issue revolves around the people who went missing during the ten-year insurgency. Estimates vary as to the exact number of those who went missing with allegations falling mainly on the Maoists and the

security forces. According to rights bodies, of the 3,299 disappearances, the status of 2,329 persons has been made public but the whereabouts of the remaining 970 is yet to be revealed. Among them, the National Human Rights Commission says that the security forces were responsible for 750 disappearances out of 970 while the blame for the rest is on

the CPN-Maoist.

Even two years after the Comprehensive Peace Agreement (CPA) between the CPN-Maoist and the then seven party alliance, the progress on the remaining missing people is nought. This is a matter of great concern not only for the families of those missing but also for the overall human rights scenario in the country. Even the CPN-Maoist, which is heading the present government, has not been very straightforward in providing the details of those missing people for which it has been blamed. However, the bill concerning person disappearance has been drafted but the basic problem identified relates to the powers that the commission that will be formed will have in dealing with the issue once the bill is given assent and becomes an Act. The people who disappeared from February 13, 1996 to November 21, 2006 during the Maoist insurgency will come under purview as per the draft.

The said bill has been touted as a move to ensure independence and impartiality, accountability, an end to the culture of impunity, to abide by the orders of the court of law and provide compensation to the victims. If this is the basic thrust, the high level panel that will be formed to look into the issue of the missing people must have the clout and the authority to undertake its task without any political interference. Visualisation of the Act is commendable in so far as the whereabouts of the missing people can come to light together with the perpetrators facing punishment. This will also provide solace to the families of the disappeared who have been suffering the loss of their kith and kin for so long. However, the draft bill has to receive extensive deliberations in the CA, possibly effecting amendment that may relate to ending impunity which remains formidable despite the assurances provided by the government. All the political parties represented in the government, particularly the CPN-Maoist, must be committed to making public the details of the missing people. If this is done in earnest, it will be to the satisfaction of the families of the missing as well as respect for human rights. This is the desire of all.