Cabinet clears life-term jail for enforced disappearances

The cabinet today (3 August) cleared the draft of the Enforced Disappearance Prevention and Redress Act, 2026 with a view to introducing a comprehensive legal framework to criminalise enforced disappearances, ensure justice, compensation and rehabilitation for victims.

The approval came from a cabinet meeting chaired by Prime Minister Tarique Rahman at the Secretariat.

The Ministry of Home Affairs placed the draft law before the cabinet, which gave its final approval subject to vetting by the Legislative and Parliamentary Affairs Division.

In the proposed law, there are provisions to complete investigations within a maximum of 120 days and trials within a maximum of 120 days.

The punishment for the offence of enforced disappearance is maximum life imprisonment and fines.

If the disappearance results in death, a body is recovered, or the disappeared person cannot be found alive or dead even after five years, the punishment may extend to death or life imprisonment along with a fine of up to Tk1 crore.

In the proposed law, enforced disappearance has been defined as a distinct criminal offence that will be cognisable, non-bailable and non-compoundable.

According to a press release, the law will establish a comprehensive legal framework to prevent enforced disappearances, prosecute those responsible, locate disappeared persons, and ensure the rights, compensation and rehabilitation of victims and their families.

The law seeks to establish an integrated legal framework for preventing enforced disappearances, bringing perpetrators to justice, tracing missing persons and protecting the rights of victims and their families through compensation and rehabilitation, it said.

The draft includes provisions allowing courts to issue search warrants to recover disappeared persons, conduct trials in the absence of accused, admit digital evidence and ensure the confidentiality and security of witnesses, complainants, whistle-blowers and victims.

It also recognises victims' right to receive information on the progress of investigations, the actual circumstances of the incident and the whereabouts or fate of the disappeared person.

The proposed law includes provisions for government-funded legal assistance, medical care, rehabilitation and the creation of a compensation fund for victims.

The draft law further allows the use of a disappeared person's property to support the maintenance and necessary expenses of their spouse and dependent family members.

It also provides for issuing a certificate of disappearance after five years to facilitate inheritance proceedings among legal heirs.

The cabinet also gave the final approval to the draft of the Transfer of Property (Amendment) Act, 2026 in order to allow the donors to retain the lifetime usufruct rights, enabling them to continue using and enjoying the property during their lifetime.

Besides, the cabinet approved a proposal to cancel the Essential Medicines List 2026 and the Drug Pricing Method 2026 as the two instruments were prepared without the mandatory consultation with the National Drug Advisory Council, as required under the Drugs and Cosmetics Act, 2023.