The extradition dilemma: India’s legal obligations and neighbourhood realpolitik in the post-Hasina era

Abstract

This paper examines the diplomatic and legal dilemma facing India as it anticipates a possible extradition request for Sheikh Hasina under the India-Bangladesh Extradition Treaty of 28 January 2013. Although the treaty establishes a formal legal basis for reciprocal surrender of individuals charged with offences punishable by at least one year of imprisonment, its application becomes deeply contested in high-stakes political cases. The study argues that India is caught in a dual-bind: formally bound by treaty obligations yet strategically constrained by its “Neighbourhood First” policy, domestic security considerations, and geopolitical interests in Bangladesh. Through an analysis of key treaty provisions particularly Articles 6 (political-offence exception) and 8 (refusal grounds) and a review of India-Bangladesh diplomatic practice, the paper demonstrates how legal commitments are frequently mediated by realpolitik in volatile regional contexts. The findings highlight the persistent tension between legal-institutional frameworks and the strategic imperatives that shape India’s neighbourhood diplomacy.