Bangladesh begins legal steps to bring former Prime Minister Sheikh Hasina back from India, accusing her of overseeing violent crackdowns before her ouster in August 2024

The government of Bangladesh is initiating the process to extradite ousted Prime Minister Sheikh Hasina from India, where she sought refuge following mass protests that led to her downfall. The International Crimes Tribunal (ICT) of Bangladesh confirmed that it is working to secure Hasina’s return to face trial for her alleged role in overseeing violent crackdowns on protesters during the final weeks of her 15-year rule.

Hasina, who fled Bangladesh on August 5 via military helicopter and landed in New Delhi, has been accused by the ICT of orchestrating “massacres” during the uprising that toppled her government. The mass protests, led primarily by students and fueled by widespread discontent with Hasina’s authoritarian leadership, resulted in over 600 deaths. A preliminary United Nations report suggests the actual death toll may be even higher. The ICT’s chief prosecutor, Mohammad Tajul Islam, said on Sunday that the tribunal would formally begin the legal process to bring Hasina back under a 2013 extradition treaty signed between Bangladesh and India during Hasina’s own tenure as prime minister.

“She is the main accused in the massacres that took place during the protests,” Islam told reporters. “We will try to legally bring her back to face justice in Bangladesh.”

The ICT was originally established by Hasina herself in 2010 to investigate atrocities committed during Bangladesh’s 1971 war of independence from Pakistan. Now, the same tribunal will be used to try the former leader, as the current government seeks accountability for the deadly crackdowns that marked her final days in power.

The relationship between India and Bangladesh has become strained since Hasina’s ouster, with growing anti-India sentiment in Bangladesh adding pressure on interim leader Muhammad Yunus to push for her extradition. Yunus, a Nobel Peace Prize laureate who assumed office following the mass protests, publicly stated that Hasina should “remain quiet” during her stay in India, warning that any attempt to influence the situation from exile could further complicate her legal standing.

“India can keep her as long as needed, but if Bangladesh requests her return, she must come back,” Yunus said in an interview with the Press Trust of India.

Bangladesh’s opposition Bangladesh Nationalist Party (BNP) has also demanded that Hasina be tried for the violence that occurred during her regime’s collapse. The BNP’s general secretary, Mirza Fakhrul Islam Alamgir, echoed public sentiment by calling for justice, emphasizing that Hasina’s trial must take place on Bangladeshi soil.

Though Bangladesh and India have an extradition treaty, a clause within the agreement allows India to refuse extradition if the offence is deemed political in nature. This clause may become a point of contention, as Hasina’s supporters could argue that her prosecution is politically motivated. However, the Bangladeshi government is expected to push hard for her return, citing her role in human rights abuses and violent repression of political opponents.

Hasina, 76, has remained out of the public eye since her arrival in India, and Bangladesh has revoked her diplomatic passport. Her fate now lies in a delicate diplomatic and legal battle, with both nations under pressure to navigate the tense situation. For India, deciding whether to comply with Bangladesh’s demands or offer Hasina political asylum could impact its relations with Dhaka and shape future regional politics.

Analysis:

Political:
The extradition of Sheikh Hasina presents a highly charged political dilemma for both Bangladesh and India. For Bangladesh, bringing Hasina back is not only a legal matter but also a political strategy. The current interim government, led by Muhammad Yunus, seeks to solidify its legitimacy by holding the former leader accountable for the violent suppression of protests. By pushing for her extradition, the government aims to demonstrate its commitment to justice and human rights. However, India finds itself in a politically sensitive position. As a neighbouring regional power with significant economic and strategic interests in Bangladesh, India must carefully weigh its response to Bangladesh’s demands. Extraditing Hasina could cause political upheaval within Bangladesh while refusing could damage diplomatic relations between the two countries.

India’s ruling government will also consider its own political base and public opinion. Historically, India has had a close relationship with Sheikh Hasina, whose administration worked closely with Indian leadership on economic and security issues. However, growing anti-India sentiment in Bangladesh complicates matters. By retaining Hasina in India, New Delhi risks further alienating the Bangladeshi public and exacerbating regional tensions.

Social:
The extradition process also mirrors societal divisions within Bangladesh. Sheikh Hasina’s lengthy tenure in office polarized the nation. While she was praised for her economic policies and efforts to modernize Bangladesh, her critics accused her of authoritarianism and human rights abuses. The student-led protests that culminated in her ouster reflected deep social unrest, particularly among the younger generation, who were frustrated with what they saw as the corruption and repression of her regime.

Public sentiment in Bangladesh now largely favours holding Hasina accountable for the violence that occurred during the protests. The demands for justice have galvanized the opposition and the general populace. Her possible return and trial may reignite old political rivalries, potentially leading to further unrest if her supporters view the legal proceedings as a political witch hunt.

Racial:
While the political landscape in Bangladesh is not sharply divided along racial lines, the protests that brought down Hasina’s government were marked by a sense of disillusionment with the power structures that have dominated the country since its independence. The clashes between protesters and authorities were often framed in terms of class and power dynamics, with the Hasina government seen as representing an entrenched elite. The legal case against Hasina, therefore, takes on broader significance as a challenge to the dominance of long-standing political dynasties in Bangladesh.

Gender:
Sheikh Hasina, as one of the few female leaders in South Asia, has been a prominent figure in the region’s political landscape. Her leadership has been both celebrated and criticized from a gendered perspective. On the one hand, she broke barriers for women in leadership positions, ruling Bangladesh for over a decade. On the other hand, her governance was seen by many as autocratic, which complicates her legacy. Her trial may become a focal point in discussions about women in power and how female leaders are judged compared to their male counterparts. This is particularly relevant in South Asian societies, where gender dynamics in politics remain a contentious issue.

Economic:
The political crisis surrounding Hasina’s ouster and the ongoing diplomatic tensions with India could have significant economic repercussions. Bangladesh has enjoyed robust economic growth under Hasina’s leadership, particularly in the textile and manufacturing sectors. However, political instability and the prospect of a prolonged legal battle could deter foreign investors and destabilize the economy. Additionally, if relations between Bangladesh and India continue to sour, trade relations may suffer, impacting both economies. India is one of Bangladesh’s largest trading partners, and any diplomatic fallout from this extradition issue could disrupt cross-border commerce and economic cooperation.