Enforced disappearance will be punishable by life imprisonment, while the offender could face the death penalty and a fine of up to Tk1 crore if the victim dies or remains untraced for more than five years.
The Jatiya Sangsad on Sunday passed three bills aimed at strengthening human rights protection, preventing enforced disappearance and introducing legal recognition of lifetime usufruct rights in property transfers.
The National Human Rights Commission Bill, 2026 was passed, repealing the National Human Rights Commission Act, 2009 and establishing a new legal framework for an effective and independent commission.
The Transfer of Property (Amendment) Bill, 2026 introduced legal recognition of lifetime usufruct rights, allowing eligible property donors to retain the right to use and enjoy transferred property during their lifetime.
Law minister Md Asaduzzaman placed the National Human Rights Commission Bill and the Transfer of Property (Amendment) Bill for passage, while home minister Salahuddin Ahmed moved the Prevention and Remedy of Enforced Disappearance Bill in the House.
Under the human rights commission bill, the commission will comprise a chairperson and four commissioners, including at least one woman and at least one member of a national minority community or disadvantaged group.
Qualified candidates from national minority and disadvantaged communities will receive preference on the recommendation of a selection committee comprising a university professor, a civil society representative and representatives of those communities.
The bill clarified the commission’s jurisdiction and simplified the complaint process. It also empowerd the commission to issue interim orders to protect victims from immediate threats and prevent further harm while investigations are underway.
A key provision was the establishment of a National Preventive Mechanism unit in line with the Optional Protocol to the UN Convention against Torture. The unit will work to prevent torture, custodial deaths and enforced disappearances.
The Prevention and Remedy of Enforced Disappearance Bill defined enforced disappearance as a cognisable, non-bailable and non-compoundable criminal offence and established a legal framework for prevention, prosecution, locating missing persons and protecting victims and their families.
Under the bill, an act would constitute enforced disappearance if a government employee or member of a disciplined force, acting in that capacity or with the authorisation, support or consent of a government authority or disciplined force, arrests, detains, abducts or otherwise deprives a person of liberty and subsequently denies the deprivation or conceals the person’s whereabouts, condition or fate, thereby depriving the person of legal protection.
Courts are empowered to issue search warrants to trace disappeared persons. The law also provided for trials in absentia, the admission of digital evidence and protection for witnesses, complainants, whistleblowers and victims.
Victims and their families will have the right to receive updates on investigations, seek the truth about what happened and learn the whereabouts or fate of disappeared persons.
The bill also provided for state-funded legal assistance, medical treatment, rehabilitation and compensation through a dedicated fund.
Compensation will be recovered from the assets of convicted persons, while the state will bear the cost where recovery is not possible.
