Relevance: GS II – International Relations, Extradition Law • 

Source: The Hindu (news analysis)

Bangladesh’s interim authorities have reportedly requested India to extradite former Prime Minister Sheikh Hasina, who is currently in India. New Delhi is examining the request in light of legal provisions, diplomatic obligations and human-rights considerations.

Background

  • Sheikh Hasina left Bangladesh after political unrest, mass protests, and a change in interim administration.
  • India and Bangladesh do not have a bilateral extradition treaty.
  • Extradition in such cases relies on India’s domestic law, reciprocity, or regional/multilateral frameworks.

India’s Legal Options

Framework

India’s Possible Action

Extradition Act, 1962Allows extradition even without a treaty based on reciprocity, subject to judicial review.
Mutual Legal Assistance mechanisms (MLAT)Limited to sharing evidence and cooperation; does not compel extradition.
SAARC Convention on Extradition (1986)Provides guiding principles but is not fully operational and does not mandate surrender.
International Human Rights NormsIndia must ensure no political persecution, fair trial guarantees, and safety of the individual.

Practical Path Ahead

  • India is likely to proceed cautiously, avoiding actions that could exacerbate instability in Bangladesh.
  • Possible approaches:

    • Allowing Hasina a temporary stay on humanitarian and security grounds; or
    • Conducting a case-by-case legal examination under the Extradition Act before any decision.
  • India will weigh bilateral relations, regional stability, and domestic legal safeguards, rather than acting purely on political pressure.

Prelims Practice Question 

Consider the following statements:

  1. Under India’s Extradition Act, 1962, extradition to a non-treaty country is legally permissible.
  2. The SAARC Extradition Convention mandates compulsory extradition between member states.

Which one is correct?
 A. Only 1 B. Only 2 C. Both D. None

Answer: A

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