Sheikh Hasina Death Penalty: Can India Say No To Extradition? Here’s What The Treaty Says
Sheikh Hasina, who fled to India in August 2024, has rejected the verdict.
The former Prime Minister of Bangladesh, Sheikh Hasina, has been sentenced to death by a Dhaka-based tribunal over the brutal crackdown on anti-government protests held last year. According to United Nations estimates, as many as 1,400 people died during last year’s student-led demonstrations. Most of them were shot by security forces.
Hasina, who fled to India after the August 2024 protests turned violent, has rejected the verdict. In a five-page statement released, Hasina called it “politically motivated” and challenged the interim government to bring these charges before the International Criminal Court in The Hague.
Meanwhile, Bangladesh’s interim government has hailed Monday’s ruling as “historic.” The Bangladeshi foreign ministry is expected to submit yet another extradition request for Hasina. Despite the two countries sharing an extradition treaty, India has not formally responded to earlier demands.
What The Treaty Says?
Under the India–Bangladesh Extradition Treaty of 2013, Dhaka can request extradition only if the individual is charged or convicted of an extraditable offence. This condition has been technically met through the arrest warrant issued against Hasina for “crimes against humanity.”
However, the dual criminality provision (required under Articles 1 and 2) means the offence must be punishable in both countries. India does not treat “crimes against humanity” within the same domestic framework as Bangladesh.
The treaty’s most consequential safeguards are Article 6(1), which allows refusal if the extradition request appears to be politically motivated. Moreover, Article 8(3) also permits rejection if the request appears to be made in bad faith.
Can India Say No To Extradition?
India can refuse Bangladesh’s extradition request if the charges against Sheikh Hasina appear to be politically motivated or filed in bad faith, according to legal experts. Hasina maintained strong ties with India throughout her rule, spanning 15 years. There is also a broad political consensus in New Delhi against sending her back.
However, this verdict has put India in a tricky situation. Besides being a neighbour, Bangladesh is also a key strategic partner for India, vital for securing long and sensitive borders.
India may find itself walking a tightrope, as any refusal to send Hasina back could be seen as a diplomatic snub. It could deepen mistrust between the two nations, whose bilateral ties have been strained since Hasina’s ouster. Bangladesh currently has an interim government run by Nobel Peace Prize laureate Muhammad Yunus.
