Answer

Extradition, the legal process of surrendering individuals accused or convicted of crimes to another jurisdiction, is a critical tool in combating transnational crime. India, with over 50 bilateral extradition treaties, faces challenges in reconciling its commitment to international justice with maintaining diplomatic relations, especially with neighboring countries. The MEA Annual Report 2022 highlights instances where extradition requests have tested bilateral ties, underlining the importance of a balanced approach.

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Extradition requests test the strength of bilateral relations

• Impact on diplomatic trust: Extradition requests can create tensions if countries perceive such demands as a violation of sovereignty or interference in internal matters.
  For example: Bangladesh’s extradition request for Sheikh Hasina tests India’s diplomatic relations, where India’s refusal could strain ties over perceived lack of cooperation.
• Historical context and relations: Past relations between the countries influence how extradition requests are viewed, potentially leading to a more cautious or lenient approach.
• Pressure from domestic constituencies: Extradition demands often arise due to domestic political pressure, testing the flexibility of bilateral relations when these demands are framed in political contexts.
• Geopolitical considerations: Extradition requests might be influenced by regional politics, potentially leading to a geopolitical fallout if one country perceives the other as favoring a competing nation.
  For example: India’s non-rejection of Bangladesh’s extradition request reflects the need to maintain diplomatic balance while avoiding confrontation in the region.
• Legal and procedural challenges: The legal framework and formal processes for extradition requests may cause delays or complications, testing the strength of bilateral cooperation.
  For example: The India-Bangladesh extradition treaty of 2013 stipulates clear procedures, but political considerations may hinder swift legal resolution of such requests.

India can balance its commitment to international justice with the need to maintain robust ties with neighboring countries

• Diplomatic negotiation and dialogue: India can engage in diplomatic talks to address extradition issues while ensuring that justice is pursued without straining bilateral relations.
  For example: India could use diplomatic channels to discuss Bangladesh’s extradition request and offer an alternative process that respects both justice and relations.
• Ensuring due process in extradition: India must uphold international justice standards while respecting the legal rights of the individuals involved, even when political pressure is high.
• Sovereignty concerns: Balancing international justice with respect for a nation’s sovereignty is key, avoiding actions that could be viewed as interference in another country’s internal affairs.
• Leveraging multilateral platforms: India can utilize international organizations and forums to seek fair resolutions without jeopardizing bilateral relations with its neighbors.
• Humanitarian considerations: India can incorporate humanitarian concerns into its decision-making process, recognizing the potential impact on diplomatic relations while upholding international justice standards.

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To balance international justice and diplomatic ties, India must ensure adherence to treaty obligations while fostering trust through mechanisms like bilateral dialogue and legal transparency. Initiatives such as strengthening Mutual Legal Assistance Treaties (MLATs) and leveraging regional platforms like SAARC can enhance cooperation. A pragmatic approach, integrating legal rigor with diplomatic sensitivity, can bolster India’s global image while preserving harmonious relations with neighbors.