Dhaka has formally asked New Delhi to hand over Sheikh Hasina, and the request lands India right at the centre of one of the region’s most sensitive political storms. Hasina has been living in India since August 5 last year, after she fled Bangladesh during the student-led uprising that toppled her 15-year rule. This week, a Dhaka tribunal sentenced the former prime minister to death in absentia on charges of crimes against humanity. Hours later, Bangladesh’s interim government pressed India to send her back without delay.
Hasina wasn’t the only name on Dhaka’s list. Former home minister Asaduzzaman Khan Kamal, reportedly also in India, has been declared a fugitive as well.
What Dhaka Is Asking For
Bangladesh’s Foreign Ministry says the bilateral extradition treaty makes it India’s responsibility to hand over anyone convicted of serious crimes. They warned that sheltering such individuals would be seen as unfriendly and a blow to justice.
What Hasina Says
Hasina rejected the verdict, calling it biased and politically charged. She insists she and Kamal acted in good faith during the uprising, arguing that the situation spiralled out of control rather than being a deliberate attack on citizens. Her party, the Awami League, announced a nationwide shutdown to protest the judgement.
Because the verdict was delivered in absentia, Hasina can only appeal if she surrenders or is arrested within 30 days.
How India Has Reacted So Far
New Delhi has avoided commenting directly on whether it will extradite her. Instead, the Ministry of External Affairs stressed that India remains committed to peace, democracy and stability in Bangladesh and will “engage constructively with all stakeholders.” It noted the verdict but avoided any sign of which way it might lean.
Can India Legally Accept the Request?
On paper, yes — India and Bangladesh do have an extradition treaty. But the treaty gives India wide discretion, and that’s where the real complexity begins.
The Treaty’s Fine Print
The extradition treaty signed in 2013 — later eased in 2016 to streamline the exchange of fugitives — requires dual criminality, meaning the offence must be a crime in both countries. Hasina’s conviction technically meets the basic condition, but the details of the charges leave interpretive room for India if it wishes to hesitate.
Several clauses allow India to refuse:
Article 8 lets New Delhi deny extradition if the request appears unjust, politically motivated, oppressive, or made in bad faith.
Article 6 allows refusal if the offence is “political” in nature. However, murder, terrorism and other serious crimes can’t be brushed aside as political. Many of the charges against Hasina — including killings and torture — fall into this serious-crime category, so this clause is unlikely to serve as a shield.
Article 7 allows refusal if India chooses to prosecute the accused itself.
These articles give India legal room to decline the request without explicitly rejecting Bangladesh’s judicial process.
India’s Own Law Adds Another Layer
Under the Extradition Act of 1962, the Indian government can reject an extradition request if it seems trivial, unfair, politically motivated, or simply not in the interest of justice. The Act also allows the government to halt proceedings at any stage or discharge the individual entirely.
So, Will India Accept the Request?
Here’s the thing: despite the treaty and the formal request, the odds of India agreeing to extradite Hasina remain slim. Both the treaty and India’s domestic law allow enough flexibility for New Delhi to argue that the case appears politically charged and potentially unsafe for her return.
And while India insists it supports stability and democracy in Bangladesh, sending back a former prime minister who has just been sentenced to death could drag New Delhi into a political storm with unpredictable consequences.
In short, India can accept Dhaka’s request — the legal pathway exists. Whether it will is an entirely different question, and one that India seems in no rush to answer.
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