Enforced Disappearance Act okayed

The Cabinet on Monday approved three major proposals, including the draft ‘Prevention and Remedies for Enforced Disappearance Act, 2026’, introducing death penalty or life imprisonment with a fine of up to Tk 1 crore if the victim dies or remains untraced for more than five years.

 The decisions received both policy and final approval, subject to vetting by the Legislative and Parliamentary Affairs Division.

The decisions were taken at the regular weekly Cabinet meeting held at Secretariat with Prime Minister Tarique Rahman in the chair.

New Law to Criminalise Enforced Disappearance
The proposed Prevention and Remedies for Enforced Disappearance Act, 2026, drafted by the Ministry of Home Affairs, formally defines enforced disappearance as a distinct criminal offence that will be cognizable, non-bailable and non-compoundable.

The proposed legislation aims to prevent enforced disappearances, ensure justice for victims, locate missing persons, and guarantee the rights, compensation and rehabilitation of victims and their families.

Under the draft law, courts will be empowered to issue search warrants, conduct trials in the absence of accused persons where legally permissible, and admit digital evidence. It also includes provisions to ensure the protection and confidentiality of witnesses, complainants, whistleblowers and victims.

Victims and their families will have the legal right to receive updates on investigations, learn the truth about the circumstances of the disappearance, and obtain information regarding the whereabouts or fate of the missing person.

The law further provides for state-funded legal assistance, medical care, rehabilitation and the establishment of a compensation fund.
 
Compensation may be recovered from the convicted person's assets, while the state will provide compensation if such recovery is not possible.

In addition, the legislation allows spouses and dependent family members of disappeared persons to benefit from the use of the victim's property for maintenance. It also provides for the issuance of a disappearance certificate after five years to facilitate inheritance proceedings, the creation of a central database of enforced disappearance cases, and provisions for international cooperation.

The investigation and trial of each case must be completed within a maximum of 120 days.

The proposed law prescribes life imprisonment and fines for the offence of enforced disappearance. If the victim dies, a body is recovered, or the person remains missing for five years without being found alive or dead, the punishment may extend to death or life imprisonment along with a fine of up to Tk 10 million.

Property Donors to Retain Lifetime Usufruct Rights
The Cabinet also approved the draft Transfer of Property (Amendment) Act, 2026, proposed by the Ministry of Law, Justice and Parliamentary Affairs.

The amendment will allow parents and grandparents to transfer property to their children or grandchildren while legally retaining the right to possess, use and enjoy the property throughout their lifetime.

The government said the amendment is intended to remove legal ambiguity in the existing law by explicitly protecting the lifetime usufruct rights of property donors.

Essential Medicines List 2026 Revoked
The Cabinet also approved a proposal from the Health Services Division to revoke the Essential Medicines List 2026 and the Drug Pricing Method 2026.

According to the government, both measures had been prepared without consultation with the National Drug Advisory Council, as required under the Drugs and Cosmetics Act, 2023. Their legality has since been challenged before the High Court, where the matter remains pending.

The Cabinet also approved the inclusion of the Director General of the Directorate General of Health Services (DGHS) in the National Drug Advisory Council.

A revised essential medicines list will now be prepared, and a new drug pricing mechanism will be introduced to ensure medicines remain affordable while maintaining healthy market competition.

Until the new list is finalized, the Essential Medicines List and government pricing system introduced under the 1994 order will remain in force.

Prime Minister to Visit Flood-Hit Areas in Chattogram
Prime Minister Tarique Rahman is scheduled to visit three flood-affected upazilas in Chattogram�"Hathazari, Fatikchhari and Banshkhali�"on August 9, according to the Prime Minister's Press Secretary, Saleh Shibly.