Is India obliged to return Hasina?

Former Prime Minister Sheikh Hasina has become the focal point of Bangladesh's political instability. Hasina fled the country in the face of mass revolution and took refuge in India. And his going to India has made India uncomfortable.

Because now the pressure is increasing on New Delhi to return him. According to the media The Diplomat, this pressure may throw India into a diplomatic conundrum. Besides, Bangladesh-India relations may be put to the test.

The media also reported that India is legally bound to return Sheikh Hasina. They referred to the 2013 Bangladesh-India extradition treaty and said that according to the clauses contained in the treaty, Hasina should be returned to India. However, if they want, they can refuse to extradite Hasina by showing some clauses of the agreement.

The media also reported that a case has been filed against Sheikh Hasina so far for murder, torture, disappearance, genocide and crimes against humanity. And it may be difficult to give political asylum to Hasina in India after receiving these allegations.

The Diplomat also said that India may not return Hasina for several reasons. But through this, there will be fear of worsening India's relationship with the interim government of Bangladesh.

What is in the 2013 agreement, can India refuse to return Hasina?

In 2013, the governments of India and Bangladesh signed an extradition treaty. It was later amended in 2016. The agreement states that a person must be extradited if he or she is charged with a crime that carries a minimum sentence of one year or more in prison.

However, there are two important trends. Article number 6 states that if a country believes that the case against the accused person has been prosecuted for political purposes, then he can be rejected on the face of it. But this clause again specifically mentions that crimes like murder, terrorism and kidnapping shall not be treated as political charges. And all the cases that have been filed against Sheikh Hasina have been made on charges of murder, kidnapping and crimes against humanity.

The Diplomat said, considering the allegations against Hasina, India cannot refuse to extradite her under Article (6).

Another is section (8) which states that if a case is filed against someone 'with bad intentions' then the refund can be refused. India can use this clause. They may claim that the case was not filed against Hasina with the "honest intention" of getting a fair trial.

Since Hasina was one of India's most important allies, India could get support for using this clause. But if he is not returned even after the Bangladesh government asked for his return, it will worsen Dhaka-Delhi relations.