The Sheikh Hasina extradition demand, India’s options
The HinduMonths after ousted Bangladesh Prime Minister Sheikh Hasina fled to New Delhi seeking exile during anti-government protests in August 2024, Bangladesh, on December 23, 2024, formally asked India to extradite her for “judicial process”. While Bangladesh has asked India to extradite Ms. Hasina via a diplomatic channel, the Indian government has not yet commented on this. Although there is an obligation on the state under customary international law under the aut dedere aut judicare principle to “either extradite or prosecute” any accused facing a grave international crime such as genocide, war crimes, crimes against humanity, enforced disappearance or torture, India is not obliged to extradite Ms. Hasina to Bangladesh. The Indian government can allow an in-house arrest of Ms. Hasina in India in the same condition she is staying in and ensure that she participates in her trial through video conferencing with a lawyer of her choice physically present before a Bangladesh court.