Post by : Raina Nasser
New Delhi, Nov 18, 2025 – India has reaffirmed its commitment to constructive dialogue with Bangladesh, prioritizing peace, democracy, and stability following the death sentence imposed on former Prime Minister Sheikh Hasina in absentia. This follows increasing tensions as the interim Bangladeshi government formally asked India to extradite Hasina, who has remained in exile since fleeing to India on August 5 last year amid civil unrest.
Hasina, together with her former home minister Asaduzzaman Khan Kamal, was found guilty by Bangladesh’s International Crimes Tribunal for crimes against humanity. The judgment sentencing her to death for allegedly orchestrating violent attacks on student demonstrators has ignited widespread protests in Bangladesh, prompting her Awami League party to call for a nationwide strike against the ruling.
In reaction, the Bangladeshi Foreign Ministry has urged India to expedite the extradition of both Hasina and Khan, stressing that the bilateral extradition treaty necessitates New Delhi's cooperation. The statement cautioned that harboring individuals convicted of serious crimes could be interpreted as an unfriendly act and a violation of justice.
However, India has adopted a cautious approach. The Ministry of External Affairs (MEA) acknowledged the verdict but withheld any commitment regarding the extradition, expressing its intent to act in the best interests of the Bangladeshi populace. “As a close neighbor, India is dedicated to promoting peace, democracy, and stability in Bangladesh. We will continue to engage constructively with all parties involved,” the MEA stated officially.
Legal analysts suggest that India is unlikely to proceed with Hasina's extradition, citing Indian law and the discretionary elements of the bilateral treaty. Although the India-Bangladesh Extradition Treaty of 2013, along with its 2016 amendments, facilitates the transfer of fugitives, it includes protections against politically charged requests and demands dual criminality. Thus, India can refuse extradition if the accusations are perceived as unjust or politically driven, or if there is a risk of unfair treatment at home.
The Indian Extradition Act of 1962 further empowers authorities to deny extradition requests that appear frivolous, lack sincerity, or are politically influenced. Section 29 allows the government to suspend legal proceedings, invalidate warrants, or release individuals based on these criteria.
At 78 years old, Sheikh Hasina has labeled the ruling as politically motivated, asserting that her actions aimed to lessen casualties during the protests. She can only appeal the sentence if she returns or is arrested within 30 days, leaving her future precarious.
As diplomatic tensions persist, India's stance illustrates a delicate balancing act between ensuring regional stability and upholding democratic ideals in Bangladesh, while also protecting its legal rights under domestic and international law. Experts note the situation reflects the intricate dynamics of geopolitics, law, and humanitarian issues in South Asia, particularly as India manages its strategic alliance with Bangladesh while respecting its neighbor's sovereignty.
The upcoming weeks will be critical as New Delhi navigates its relationship with Dhaka, aiming to keep bilateral ties constructive while weighing the legal and political consequences surrounding Hasina's extradition request.
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