Hasina’s Fate in India’s Hands: What Do the Rules Actually Say?

Bangladesh: Dhaka is going through great turmoil these days. There were reports of firing in many areas; hundreds of students are said to have died, and thousands were injured. The situation worsened so much that the government fell, and Prime Minister Sheikh Hasina left the country and came to India. Meanwhile, the International Criminal Tribunal in Dhaka found her guilty of serious crimes against humanity and sentenced her to death.

How did the student movement become so big?

The protest that started against the government's reservation policy in 2024 quickly turned into a national rebellion. According to some reports, more than 1,200 people lost their lives, and several thousand were injured in this violence. The internet remained shut down for weeks, and security forces were accused of a brutal crackdown. The army distanced itself from the political struggle, and parliament had to be dissolved. The atmosphere became so tense that Sheikh Hasina quietly reached India in August, where she received government security and her whereabouts were kept secret.

On what grounds did the court give the death sentence?

ICT-1 said that steps like air strikes on protesters, targeted operations in urban areas, and use of force against civilians were taken on the orders of the government. According to the court, this action was like a military operation, in which the protesters were seen as enemies. The prosecution also presented a call recording as evidence. After the verdict, Hasina called it politics of revenge and called the court far from impartiality.

Does this decision have any impact on India?

India accepts the decisions of foreign courts only when its own courts investigate the case and accept it. Therefore, the death sentence of ICT-1 does not apply to Sheikh Hasina living in India. This is just part of the legal process in Bangladesh.

Can India hand them over to Bangladesh or not?

There is an extradition agreement between India and Bangladesh, but India examines three things in such cases—whether the case is political, whether the person can get a fair trial, and whether he faces the threat of the death penalty. If there is any of the three threats, India can stop extradition. According to these rules, India has solid legal grounds for not sending Hasina.

What can happen if India refuses?

Bangladesh can lodge objections at international forums, but India has its own legal defense and human rights-based arguments. On the other hand, if India hands them over, resentment against India may increase in Bangladesh, and relations between the two countries may be affected.