Why is it in the news?

• On October 17, 2024, Bangladesh’s International Crimes Tribunal issued an arrest warrant for former Prime Minister Sheikh Hasina, alleging her involvement in “crimes against humanity” during recent mass protests that led to her ouster.
• The tribunal issued warrants for 46 individuals, including high-ranking Awami League leaders, for acts of violence resulting in over 1,000 deaths this summer.
• Sheikh Hasina, 77, was last known to be at Hindon airbase near New Delhi. Initially expected to be in India briefly, her attempts to seek asylum elsewhere have failed. With the arrest warrant issued, questions arise regarding her potential extradition to Bangladesh.

Extradition Treaty Between India and Bangladesh

• India and Bangladesh signed an extradition treaty in 2013, later amended in 2016 to expedite the exchange of fugitives.
• The treaty was primarily established due to Indian fugitives, especially from Northeast insurgent groups, hiding in Bangladesh, while Bangladesh faced issues with groups like Jamaat-ul-Mujahideen Bangladesh (JMB).
• The treaty has allowed India to successfully extradite individuals such as Anup Chetia, a leader of the United Liberation Front of Assam (ULFA), and facilitates the exchange of fugitives between the two nations.

Provisions of the Treaty

• The treaty mandates that India and Bangladesh extradite individuals charged with extraditable offenses, which carry a minimum one-year imprisonment.
• An important stipulation is the principle of dual criminality, meaning the offense must be punishable in both countries. Extradition is also applicable for those involved in attempting, aiding, or inciting extraditable offenses.
• The treaty allows for extradition refusal for offenses deemed “political.” However, this classification is limited, as several severe offenses, including murder, terrorism, and kidnapping, are explicitly excluded from the definition of political crimes.

Can Sheikh Hasina Be Extradited?

• While Hasina could seek political asylum in India, some of the offenses against her fall outside the political crime definition, such as murder and enforced disappearance. Recently, Hasina faced accusations related to multiple serious charges, including murder and genocide.
• A 2016 amendment to the treaty removed the requirement for the requesting country to provide evidence of the offense, only necessitating an arrest warrant from a competent court.

Potential Response from India

• India is not obligated to extradite Hasina even with a request from Bangladesh. The treaty outlines various grounds for refusal, including cases not made “in good faith.”
• India might consider denying extradition based on the perception that the accusations against Hasina do not serve justice, though this could strain relations with Bangladesh’s current government.

Strategic Considerations for India

• India must navigate its diplomatic relations carefully, balancing support for Hasina, a long-time ally, with the need to engage with future political powers in Bangladesh.
• A former Research and Analysis Wing (RAW) officer noted that India’s interests do not lie in handing over Hasina and emphasized that any decision would ultimately be a political one.
• Security experts agree that no nation trades fugitives against its national interest, and structural ties between India and Bangladesh remain strong, indicating a preference for continued cooperation.