India recently confirmed receipt of a second extradition request from Bangladesh for former Prime Minister Sheikh Hasina. The request follows her fleeing to India amid protests that ended her 16-year rule. The Indian Ministry of External Affairs stated the request is under judicial and legal review. This development poses diplomatic challenges amid already tense India-Bangladesh relations.
Background of the Extradition Request
Sheikh Hasina fled Bangladesh in mid-2025 after mass protests ousted her government. Recently, Bangladesh sent its first formal extradition request. The interim government in Dhaka accuses Hasina of crimes against humanity and genocide. The International Crimes Tribunal in Bangladesh sentenced her to death. Bangladesh’s interim government seeks her return for judicial proceedings.
India’s Response and Legal Considerations
India has neither accepted nor rejected the extradition plea. The request is being examined under the extradition treaty between the two countries. Indian law allows denial of extradition if the request appears politically motivated. India may also question the fairness of the trial process in Bangladesh. The government emphasises a careful legal and diplomatic approach.
Impact on India-Bangladesh Relations
Hasina’s asylum and public comments have strained bilateral ties since August 2025. Bangladesh’s interim government has expressed concerns over her presence in India. Diplomatic exchanges have taken place, including high-level meetings to address tensions. The extradition request adds complexity to an already sensitive relationship. Both sides face pressure to manage peace, democracy, and regional stability.
Diplomatic and Regional Implications
The extradition issue marks the fragile nature of South Asian diplomacy. It tests India’s commitment to democratic values and legal norms. India must balance relations with Bangladesh while upholding its own judicial standards. The case may influence future extradition and asylum policies in the region. It puts stress on the need for constructive engagement among neighbouring states.
Provisions in the Extradition Treaty
The India-Bangladesh extradition treaty includes safeguards against political misuse. Requests can be denied if the accused faces political persecution. The treaty requires due process and fairness in the requesting country’s legal system. India’s examination includes these criteria before any decision. This ensures protection of human rights and legal integrity.
Role of International Law and Human Rights
International law discourages extradition in cases of political offences. Human rights norms require fair trials and protection against capital punishment. India’s judiciary may consider these principles in reviewing the request. The case draws attention to the intersection of law, politics, and human rights. It also marks challenges in cross-border legal cooperation.
Future Prospects and Diplomatic Dialogue
Ongoing dialogue between India and Bangladesh is crucial to resolve tensions. Both countries aim to maintain peace and regional cooperation. The extradition request will remain a key issue in bilateral talks. Constructive engagement may lead to solutions respecting legal and diplomatic concerns. The situation remains dynamic and closely watched by regional observers.
Questions for UPSC:
- Taking example of India-Bangladesh extradition issues, discuss the challenges of extradition treaties in South Asia and their impact on bilateral relations.
- Examine the role of international law and human rights norms in extradition cases involving political leaders. How do these principles affect state sovereignty?
- With suitable examples, discuss the impact of political asylum on diplomatic ties between neighbouring countries and the measures to manage such conflicts.
- Critically discuss the significance of judicial independence and fair trial guarantees in extradition requests, analysing their implications for international diplomacy and justice.
Answer Hints:
1. Taking example of India-Bangladesh extradition issues, discuss the challenges of extradition treaties in South Asia and their impact on bilateral relations.
- Extradition treaties often include political offence exceptions, complicating requests involving political leaders.
- South Asia’s complex political histories and rivalries increase mistrust in extradition processes.
- Legal systems vary , raising concerns about fairness and due process in requesting countries.
- Extradition requests can strain diplomatic ties, as seen in India-Bangladesh tensions over Sheikh Hasina.
- Balancing legal obligations with political sensitivities requires careful diplomacy to avoid escalation.
- Frequent use of asylum and political protection challenges treaty effectiveness and regional cooperation.
2. Examine the role of international law and human rights norms in extradition cases involving political leaders. How do these principles affect state sovereignty?
- International law prohibits extradition if the offence is political or if the accused risks unfair trial or torture.
- Human rights norms demand protection against capital punishment and guarantee fair trial rights.
- These principles limit absolute state sovereignty by imposing external standards on extradition decisions.
- States must balance respect for sovereignty with adherence to international legal obligations and human rights.
- Political leaders often invoke these norms to avoid politically motivated prosecutions abroad.
- International scrutiny and judicial review act as checks on misuse of extradition for political persecution.
3. With suitable examples, discuss the impact of political asylum on diplomatic ties between neighbouring countries and the measures to manage such conflicts.
- Granting asylum to political figures can cause diplomatic friction, as in India hosting Sheikh Hasina.
- Asylum may be seen as interference in domestic affairs, straining bilateral relations and trust.
- It can affect cooperation on security, trade, and regional stability.
- Diplomatic dialogue, confidence-building measures, and third-party mediation help manage tensions.
- Clear legal frameworks and transparent handling of asylum claims reduce misunderstandings.
- Balancing humanitarian obligations with diplomatic interests is crucial for neighbourly relations.
4. Critically discuss the significance of judicial independence and fair trial guarantees in extradition requests, analysing their implications for international diplomacy and justice.
- Judicial independence ensures extradition decisions are impartial and based on law, not politics.
- Fair trial guarantees protect accused persons from arbitrary detention and wrongful convictions.
- Countries assess the requesting state’s legal system credibility before approving extradition.
- Lack of judicial fairness can lead to denial of extradition, impacting bilateral trust and cooperation.
- Respect for judicial standards strengthens international justice and rule of law.
- Diplomatic relations may suffer if perceived as endorsing politically motivated prosecutions.
