Enforced disappearance: Cabinet approves draft law, death penalty maximum punishment

The cabinet has granted both policy and final approval to the draft Prevention and Remedy of Enforced Disappearance Act, 2026.

The proposed law provides for life imprisonment and fines for the crime of enforced disappearance. If the victim dies, the body is recovered, or the person cannot be found alive or dead even after five years, the maximum penalty will be death or life imprisonment, along with a fine of up to Tk 100 million.

The draft law was approved at a cabinet meeting chaired by Prime Minister Tarique Rahman at the Secretariat on Monday afternoon, according to a press release issued by the Cabinet Division after the meeting.

The press release said the Prevention and Remedy of Enforced Disappearance Act, 2026 classifies enforced disappearance as a distinct criminal offense that is cognisable, non-bailable, and non-compoundable.

The law aims to uphold human rights, human dignity, personal liberty, and the rule of law by establishing a comprehensive legal framework to prevent enforced disappearances, prosecute those responsible, locate missing persons, and ensure the rights, compensation, and rehabilitation of victims and their families.

Under the propsoed law, courts will be empowered to issue search warrants to locate disappeared persons. It also includes provisions for trials in the absence of the accused, the admissibility of digital evidence, and the protection of the confidentiality and safety of witnesses, complainants, whistleblowers, and victims.

The draft recognises victims' right to know the progress of investigations, the truth about the incident, and the whereabouts or fate of the disappeared person.

It also provides for state-funded legal aid, medical treatment, rehabilitation, and the creation of a compensation fund. Compensation may be recovered from the property of convicted offenders, and if that is not possible, the state will provide compensation.

The proposed law also allows the spouse and dependent family members of a disappeared person to use the individual's property for maintenance and necessary expenses. After five years, a certificate of disappearance may be issued to facilitate the distribution of the person's property among heirs. It further provides for the establishment of a central database and mechanisms for international cooperation on enforced disappearance cases.

The draft requires investigations to be completed within a maximum of 120 days, with trials also to be concluded within 120 days. According to the Cabinet Division, the draft has received final approval, subject to vetting by the Legislative and Parliamentary Affairs Division.

The cabinet also approved a proposal to revoke the essential medicines list 2026 and the drug pricing method 2026.

According to the Cabinet Division, the government remains committed to ensuring the availability of safe, effective, quality, and affordable medicines. The two measures were revoked because the Medicines and Cosmetics Act, 2023 requires consultation with the National Drug Advisory Council before preparing the essential medicines list—a requirement that had not been followed.

The essential medicines list and drug pricing method published in January 2026 were challenged in the High Court because they had been prepared without consulting the National Drug Advisory Council. The matter is currently pending before the court.

The National Drug Advisory Council was constituted on 29 June in accordance with the 2023 law. The cabinet also approved a proposal to include the Director General of the Directorate General of Health Services on the council.

Although the 2026 essential medicines list and drug pricing method have been revoked, the essential medicines list introduced under a 1994 order of the Ministry of Health and Family Welfare, along with the existing government pricing mechanism for those medicines, will remain in force.

The government has decided to update the essential medicines list, while medicine prices will be set in a way that avoids placing additional financial pressure on the public and maintains healthy market competition.

The cabinet also granted policy and final approval to the draft Transfer of Property (Amendment) Act, 2026.

According to the Cabinet Division, the existing law does not explicitly guarantee the legal right of parents or grandparents to continue enjoying and using property after gifting it to their children or grandchildren during their lifetime.

The proposed amendment addresses this gap by providing explicit legal recognition and protection for such arrangements.