The sentencing of former Bangladesh Prime Minister Sheikh Hasina to death in absentia in November 2025 has triggered a major political and diplomatic crisis. The verdict by Bangladesh’s International Crimes Tribunal accused her of crimes against humanity linked to a violent crackdown on student protests in 2024. The trial’s fairness is widely disputed amid allegations of political bias. India’s refusal to extradite Hasina, who is in exile there, adds complexity to the situation. This event impacts Bangladesh’s internal politics and regional diplomacy deeply.
Background of the Trial and Sentence
Sheikh Hasina was sentenced to death for alleged crimes against humanity during protests in July-August 2024. The tribunal accused her government of a brutal crackdown causing civilian deaths. Hasina was tried in absentia as she lives in India and refused to return. She and her party have rejected the trial as politically motivated and unfair. The Awami League party is banned from upcoming elections, intensifying political tensions.
Controversies Over Trial Fairness
The trial faced sharp criticism from Hasina’s supporters and international observers. They claim violations of due process and fair trial rights. Her lawyers appealed to the United Nations Special Rapporteur on extrajudicial executions. The interim government is accused of using the tribunal as a tool for political vengeance. The lack of transparency and political interference remain major concerns.
India’s Role and Extradition Challenges
Bangladesh formally requested India to extradite Hasina. India acknowledged the request but has not agreed. Legal complexities arise from the India-Bangladesh extradition treaty, which allows refusal on political grounds or if the request is unjust. India is weighing strategic and humanitarian considerations. The extradition process would be lengthy and contested in Indian courts. India’s decision is expected to prioritise its geopolitical interests and legal autonomy.
Strategic Importance of Sheikh Hasina to India
Hasina was a key ally for India in regional security and counterterrorism. Her government cracked down on insurgent groups affecting India’s northeast. She maintained a pro-India stance, contrasting with rival parties. Under her leadership, bilateral ties improved with landmark agreements on borders and connectivity. India valued her role in balancing regional power dynamics amid US-China rivalry. Sheltering Hasina reflects India’s strategic priorities.
Impact on Bangladesh-India Relations
India’s refusal to extradite may strain ties with Bangladesh’s interim government. However, a complete breakdown is unlikely. Relations will remain tense and complex until Bangladesh’s 2026 elections. The future depends on political stability and national reconciliation in Bangladesh. India will continue to manage the situation carefully to protect its regional interests.
Political Context in Bangladesh
The crisis follows the fall of Hasina’s government after the 2024 protests. The interim government has taken a hard line against her party. The banning of the Awami League from elections raises questions about democratic processes. The political environment remains volatile with ongoing power struggles. The situation reflects broader challenges of governance, justice, and political rivalry in Bangladesh.
Questions for UPSC:
- Point out the challenges faced by South Asian countries in balancing domestic politics with regional diplomatic relations, with examples from Bangladesh and India.
- Critically analyse the role of international extradition treaties in cases involving political leaders accused of crimes against humanity, with reference to the India-Bangladesh treaty.
- Estimate the impact of political instability on bilateral trade and connectivity projects in South Asia, citing the Bangladesh-India relationship.
- What are the implications of politicised judicial processes on democratic institutions? Discuss with suitable examples from South Asia and beyond.
Answer Hints:
1. Point out the challenges faced by South Asian countries in balancing domestic politics with regional diplomatic relations, with examples from Bangladesh and India.
- Domestic political crises (e.g., Bangladesh’s sentencing of Sheikh Hasina) complicate diplomatic ties with neighbors.
- Extradition requests can strain bilateral relations due to political and legal sensitivities (Bangladesh’s request to India for Hasina’s extradition).
- Political rivalries within countries often spill over into regional diplomacy, affecting cooperation (Awami League vs interim govt in Bangladesh impacting India relations).
- India’s strategic interests (security, counterterrorism) require balancing support for allies with diplomatic neutrality in neighbor’s internal conflicts.
- Legal frameworks (e.g., extradition treaties) intersect with political considerations, causing delays and tensions.
- Regional stability depends on managing domestic unrest without disrupting cross-border connectivity and trade.
2. Critically analyse the role of international extradition treaties in cases involving political leaders accused of crimes against humanity, with reference to the India-Bangladesh treaty.
- Extradition treaties include clauses allowing refusal for political offences or if requests lack good faith (India-Bangladesh treaty Articles 6 & 8).
- Political leaders often claim charges are politically motivated, complicating extradition decisions (Hasina’s case).
- Human rights concerns and fair trial doubts influence refusal or delay of extradition.
- Extradition involves lengthy legal processes, including judicial review in the requested country (Indian courts).
- Geopolitical and diplomatic factors often override purely legal obligations in extradition cases.
- Such treaties aim to balance justice delivery with protection against politically motivated persecution.
3. Estimate the impact of political instability on bilateral trade and connectivity projects in South Asia, citing the Bangladesh-India relationship.
- Political crises (e.g., Bangladesh’s interim govt banning Awami League) create uncertainty that can delay or halt trade initiatives.
- Disrupted diplomatic relations reduce trust needed for cross-border infrastructure and transit agreements.
- Hasina’s tenure saw improvements in connectivity (road, rail links, Land Boundary Agreement) that could be jeopardized by instability.
- Trade and transit access to India’s Northeast depends heavily on stable Bangladesh-India relations.
- Instability may discourage investment and complicate customs, border management cooperation.
- Long-term projects depend on political reconciliation and stable governments to sustain momentum.
4. What are the implications of politicised judicial processes on democratic institutions? Discuss with suitable examples from South Asia and beyond.
- Politicised trials undermine public trust in judicial independence and fairness (e.g., Sheikh Hasina’s trial seen as kangaroo court).
- Such processes can be used as tools for political vengeance, weakening rule of law.
- Judicial manipulation erodes democratic norms, affecting free and fair elections (Awami League banned from elections).
- International human rights bodies often criticize and intervene, affecting a country’s global standing.
- Examples – Bangladesh’s Hasina case, Pakistan’s judiciary under political pressure, and similar patterns in other democracies.
- Long-term impact includes weakening of checks and balances, increased authoritarian tendencies, and political instability.
