Bangladesh Cabinet Approves Anti-Enforced Disappearance Law With Death Penalty Provisions
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The Cabinet on Monday approved the draft “Enforced Disappearance Prevention and Remedy Act, 2026,” establishing a rigorous legal framework to criminalize and curb disappearances. Presided over by Prime Minister Tareque Rahman, the Cabinet underscored the new law’s role in upholding human rights, individual liberty, and the rule of law by classifying enforced disappearance as a cognizable, non-bailable, and non-compoundable criminal offense.
Under the provisions of the new legislation, perpetrators face a minimum sentence of life imprisonment and monetary fines. In cases where the disappearance results in death, where a body is recovered, or where the victim remains missing for five years without proof of life, the court is empowered to impose the death penalty or life imprisonment, alongside a maximum fine of 10 million taka.
The act introduces comprehensive procedural safeguards, including court-issued search warrants, trial in absentia, and the admissibility of digital evidence. It guarantees the rights of victims and their families to receive updates on investigations and truth-seeking efforts. To support those affected, the government will establish a dedicated fund for legal aid, medical treatment, rehabilitation, and compensation, with priority given to recovering damages directly from the assets of convicted individuals. If those assets are insufficient, the state will assume responsibility for compensation.
Furthermore, the law streamlines administrative and judicial processes by mandating the completion of investigations and subsequent trials within a maximum of 120 days each. It also provides for the issuance of “disappearance certificates” after five years to facilitate the distribution of assets among heirs, and authorizes the use of the missing person’s property to support their spouses and dependents. The draft now awaits vetting by the Legislative and Parliamentary Affairs Division before final enactment.
In the same session, the Cabinet approved the cancellation of the “Essential Medicines List 2026” and the “Medicine Pricing Policy 2026.” This decision follows concerns regarding procedural irregularities, as the previous lists were published without the legally required consultation of the National Medicine Advisory Council, as stipulated under the Drugs and Cosmetics Act, 2023. While the 2026 lists are nullified, the government confirmed that the 1994 essential medicine list and existing pricing structures will remain in force until updated, ensuring continued access to affordable medication.
Additionally, the Cabinet granted final approval to the “Transfer of Property (Amendment) Act, 2026.” This amendment addresses a critical gap in existing property law by ensuring that parents or grandparents who gift property to their children or grandchildren retain the legal right to possess and utilize the land during their own lifetimes, thereby providing necessary legal security for elderly property owners.
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