India won't hand over Hasina on a platter!

Raju Korti
This is for the naysayers who have already started writing the epitaph of deposed prime minister Sheikh Hasina and are arguing about her possible extradition back to Bangladesh as India's "diplomatic failure." The entire premise is based on the so called efficacy of an extradition treaty between two countries. Extradition treaties are good on paper but many countries use them selectively, not feeling under any obligation to honour them. I have doubts whether the present dispensation in New Delhi will be inclined to go by the rule book.

Hasina: A Wikipedia grab

Declaring Sheikh Hasina's stay in India and the possibility of her extradition as a "diplomatic failure" is premature and overlooks the complexities and expediencies of the ground realities. The circumstances surrounding her exile are fluid with numerous legal, political and humanitarian factors at play. I think India's decision-making process might be guided by careful consideration of regional stability, international law, and bilateral relations rather than by immediate pressure.

Prematurely labelling this situation as a failure is akin to writing an epitaph before all avenues have been explored. Diplomatic efforts are often known to require time, negotiation, and strategic patience, and India has a range of options to address this sensitive issue without compromising its stand on the global stage. If by any chance India does not honour the extradition treaty with Bangladesh, it will not be the first to dishonour the treaty. Nor will it be the last. Bigger and powerful countries do not have an exactly unblemished record in honouring extradition treaties. If the obligations of extradition treaty were to be fulfilled in toto without any extraneous considerations, India would have got its share of the culpable long time back. 

There is no doubt that India's situation regarding Sheikh Hasina's potential extradition presents a delicate diplomatic challenge but it need not be labelled a "diplomatic failure". India has a range of strategic options to navigate this scenario while maintaining its diplomatic integrity. With a man like S Jaishankar at the helm of foreign ministry, there is no way India will hand over Hasina to Bangladesh on a platter. 

To begin with, India might emphasize its commitment to human rights and international law. Before laughing this off, cynics will do well to realize that many countries are hypocritical about human rights and the efficacy of international law. They are just red herrings. By highlighting concerns about the fairness of any trial Sheikh Hasina might face in Bangladesh, India could argue that extradition would be  premature and unjust. This approach also allows India to position itself as a protector of democratic values and human rights which can resonate with the international community. It will also amount to speaking the same pompous language that Washington speaks. In doing so, India could avoid the perception of failing diplomatically by reframing the situation as one where moral principles guide its decision (not necessarily always policy).    

Secondly, India can leverage its role as a regional stabilizer. India has long been seen as a key player in maintaining stability in South Asia. In the present context, it could argue that Hasina's safety is crucial for regional peace, and any hasty decision could destabilize the region. Bangladesh itself is in throes of instability although an interim government is in place. The tenuousness of such governments is often under question going by past records. By positioning itself as a guardian of regional stability, India can rationalize a more cautious and prudent approach to the situation, sidestepping accusations of diplomatic failure.

Thirdly, India can engage in quiet diplomacy. By working behind the scenes with both Bangladeshi authorities and international partners, India can seek a resolution that satisfies all parties without publicly appearing to capitulate. Quiet diplomacy allows India to secure a breather and explore compromises such as seeking assurances from Bangladesh regarding the treatment of Hasina, thereby preserving the sanctity of its diplomatic standing.

Lastly, India can use international forums to delay any decision, buying time to negotiate a more favourable outcome. By seeking multilateral support, India can shift the narrative from one of potential failure to one of measured, responsible diplomacy. 

The crudest method would be to dishonour the treaty blatantly. Most of them, as they are, have some leeway. Extradition treaties are followed more in breach than practice. Having one is as good or as bad as having no extradition treaty. Who cares? That is the sum and substance of international law.