Answer

Former PM Sheikh Hasina’s extradition demand pertains to the request for the return of individuals involved in criminal activities in Bangladesh, which could impact India-Bangladesh relations. Extradition, a legal process of surrendering individuals to face trial, has geopolitical, legal, and diplomatic dimensions. This demand presents both challenges and opportunities to enhance cooperation, requiring India to balance legal obligations with strategic interests.

Enroll now for UPSC Online Course

Implications of Sheikh Hasina’s Extradition Demand on India-Bangladesh Relations

• Strained Diplomatic Ties: The extradition demand might raise political tensions between the nations, complicating bilateral agreements and strategic cooperation.
  For example: Trade negotiations under the India-Bangladesh Comprehensive Economic Partnership Agreement could be delayed due to reduced trust caused by the extradition issue.
• Undermining Mutual Trust: Extradition refusal could create perceptions of favoritism or interference, weakening Bangladesh’s confidence in India’s commitment to fairness.
  For example: Bangladesh may view India’s stance as a double standard, considering India’s past support for Sheikh Mujibur Rahman’s leadership during the 1971 Liberation War.
• Geopolitical Repercussions: Extradition issues could impact regional alliances and multilateral efforts for stability in South Asia, affecting ties with other neighbors like Nepal and Bhutan.
  For example: SAARC initiatives for regional integration could suffer setbacks if India and Bangladesh prioritize bilateral disputes over collaborative efforts.
• Political Fallout in Bangladesh: The demand for extradition could polarize Bangladesh’s domestic politics, potentially triggering internal unrest and anti-India sentiments.
  For example: Political parties in Bangladesh may use the extradition issue to mobilize public support, portraying India as interfering in the nation’s sovereignty.
• Impact on Cross-Border Initiatives: The extradition issue could derail existing cooperation between India and Bangladesh on critical infrastructure and connectivity projects.
  For example: Projects like the Kolkata-Dhaka bus service and the Teesta water-sharing agreement could be delayed due to political friction surrounding the extradition demand.

Potential Defenses India Can Adopt in Response to This Demand

• Human Rights Concerns: India can argue Sheikh Hasina may face inhuman treatment in Bangladesh custody, citing precedents like poor prison conditions in Bangladesh.
  For example: In the National Human Rights Commission vs. Arunachal Pradesh case, the Supreme Court protected non-citizens under Article 21 of the Indian Constitution.
• Rule of Non-Inquiry: India can claim the discretionary nature of extradition under common law principles to deny the request without judicial interference.
  For example: The Indian Extradition Act 1962 allows the executive to exercise discretion in politically sensitive cases like Sheikh Hasina’s.
• Alternative Legal Mechanisms: India can propose alternative solutions like virtual participation in the trial, maintaining compliance with international norms without extradition.
  For example: India could offer in-house arrest conditions and ensure video conferencing participation, as in past cases involving political figures under trial.
• Bilateral Extradition Treaty Conditions: India can argue that the terms of the 2013 treaty do not require the extradition of political figures facing potential unfair trials.
  For example: The treaty could be interpreted as protecting individuals who may face political persecution, which could apply to Sheikh Hasina under the current charges.
• Protection of Sovereignty: India can assert that extradition may not be consistent with its constitutional principles and the rights of non-citizens, ensuring they are not unjustly treated.
  For example: The Indian Supreme Court has previously protected the rights of non-citizens under Article 21, ruling that they must receive protection from torture or unfair trials.

Measures to Strengthen Mutual Trust and Cooperation

• Transparent Communication Channels: Establishing open dialogues to address misunderstandings can foster mutual respect and trust between the nations.
• Collaborative Legal Frameworks: Jointly developing a bilateral mechanism for handling sensitive cases can prevent unilateral decisions and reinforce mutual trust.
• Enhancing Regional Stability: Prioritizing cooperation on broader issues like economic integration and security can mitigate tensions from specific disputes like the extradition demand.
• Humanitarian Considerations: Both nations could engage in humanitarian diplomacy to ensure Sheikh Hasina’s well-being, regardless of the extradition outcome.
• Regional Security Collaboration: Strengthening cooperation on counterterrorism and border security can reassure Bangladesh of India’s intent to support its sovereignty.

Check Out UPSC CSE Books From PW Store

Former PM Sheikh Hasina’s extradition demand poses challenges to India-Bangladesh relations, a balanced diplomatic approach can ensure mutual interests are safeguarded. India can adopt legal, diplomatic, and strategic defenses while ensuring its commitment to regional security. Strengthening bilateral trust through enhanced cooperation in trade, counter-terrorism, and people-to-people ties will pave the way for long-term stability and collaboration.

DOWNLOAD PDF