&imwidth=800&imheight=600&format=webp&quality=medium "Does India have to extradite Hasina under the 2013 treaty with Bangladesh? What are New Delhi’s options?")
Bangladesh's interim government has written to Indian authorities demanding the extradition of Sheikh Hasina and former interior minister Asaduzzaman Khan Kamal after both were sentenced to death by the nation’s International Crimes Tribunal for “crimes against humanity” linked to last year's student-led protests, citing India's obligation under the India-Bangladesh Extradition Treaty (2013). What are India's options? Does it have to comply with Bangladesh under the treaty?
According to the India-Bangladesh Extradition Treaty, a request can only be made if the individual has been charged, accused or convicted of an extraditable offence. Since an arrest warrant has been issued against Hasina in connection with "crimes against humanity," this makes Dhaka eligible to send an extradition request to India, which it has made.
But Article 1 and Article 2 of the treaty address dual criminality, meaning the alleged offence must be punishable under the domestic laws of both countries. India interprets "crime against humanity" charges differently, and mostly in the context of international tribunals rather than domestic political events. This gives India a space where it can argue that the charged offence does not fit the definition according to its own legal system.
Also Read: “It would be an act of unfriendly behaviour”: Bangladesh asks India to extradite Former PM Hasina
Article 6(1) of the treaty provides another window to India, which clearly states that extradition may be refused if the alleged offence is considered an "offence of a political character", which fits perfectly with the present political scenario in Bangladesh, as Hasina was forcibly ousted from the Prime Minister post and the Muhammad Yunus-led interim government has a poor reputation in treating political opponents and dissenters, which explains the fast-track conviction of Sheikh Hasina where the verdict was issued within a year.
The Yunus government may invoke Article 6 (2), which provides an exception for offences of a political nature. But for this to work, the Bangladeshi government has to prove the charges were brought in good faith, which will be a near-impossible task for the interim government.
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With the treaty being bilateral in nature, there is no neutral mechanism to address disputes arising from the treaty. The United Nations cannot intervene in the implementation of a bilateral extradition treaty, and the International Court of Justice (ICJ) can only hear cases with the consent of both governments.
Apart from the treaty, India's own Extradition Act 1962 provides ample legal space in matters related to individuals who were charged in offences which are political in nature.
