The Cabinet has given both policy and final approval to the draft of the “Enforced Disappearance Prevention and Redress Act, 2026,” incorporating provisions to confiscate the assets of individuals convicted of enforced disappearance to compensate victim families. If a convicted person lacks sufficient assets, the state or government will bear the financial responsibility for the compensation.
The historic draft law was approved on Monday during the 15th Cabinet meeting held at the Secretariat, chaired by Prime Minister Tarique Rahman, subject to vetting by the Ministry of Law.
The proposed legislation categorizes enforced disappearance as a cognizable, non-bailable, non-compoundable, and distinct criminal offense. To ensure swift justice, the law outlines strict timelines and severe penalties:
Time-Bound Investigation and Trial: Mandatory provisions require investigations to be completed within a maximum of 120 days, followed by trial proceedings within another 120 days.
Base Penalties: Offenses related to enforced disappearance carry a maximum penalty of life imprisonment alongside monetary fines.
Capital Punishment for Death or Prolonged Disappearance: If a victim dies, if their body is recovered, or if they remain unrecovered—alive or dead—after five years, the accused faces the death penalty or life imprisonment, along with a fine of up to BDT 1 crore.
According to a press release from the Cabinet Division, unprecedented measures have been introduced to protect and support affected families:
Fund Creation & Rehabilitation: Provisions include forming a dedicated fund for state legal assistance, medical care, rehabilitation, and financial compensation for victims’ families.
Asset Utilization & ‘Disappearance Certificate’: Dependents and spouses will be permitted to utilize the disappeared person’s assets for living expenses. If a person remains missing after five years, a “Disappearance Certificate” will be issued to facilitate the distribution of property among legal heirs.
Digital Evidence & Witness Safety: The draft law allows the admissibility of digital evidence, trials in absentia, and legal protections to ensure the confidentiality and safety of witnesses, complainants, whistleblowers, and victims.
The Cabinet meeting also approved several other major proposals:
Policy and final approval for the draft of the “Transfer of Property (Amendment) Act, 2026.”
Approval of proposals to repeal the “Essential Drugs List 2026” and the “Drug Price Determination Procedure 2026.”
