Bangladesh's Diplomatic Crisis: How Sheikh Hasina's Death Sentence Challenges India-Bangladesh Relations

A complex diplomatic situation unfolds as Bangladesh's International Crimes Tribunal (ICT), established by Sheikh Mujibur Rehman to investigate 1971 war crimes, has now sentenced his daughter Sheikh Hasina to death. This development places India in a diplomatic predicament. Returning a 78-year-old to face punishment in a system biased against her seems unconscionable, yet allowing her to remain risks relations with an important neighbor while Mohammad Yunus governs.

The ICT's evolution represents a striking irony. Under Mujibur Rehman, the court took no action against war criminals as he reconciled with Pakistan. Hasina later revitalized the tribunal as an election issue, establishing it with international standards and assistance. The court successfully prosecuted individuals like Abdul Qader Mollah of Jamaat-e-Islami for atrocities including mass killings and rape during the 1971 conflict.

However, the tribunal has undergone significant transformation. The current Chief Prosecutor, Tajul Islam, previously defended numerous Jamaat leaders between 2013 and 2016. Despite its name, the tribunal has never been truly international, failing to prosecute perpetrators in Pakistan. The court has now split into two sections, with Tribunal-1 focusing specifically on Hasina's alleged crimes.

The vengeful atmosphere was palpable when Tribunal-1 delivered its 465-page judgment against Hasina and former Home Minister Asaduzzaman Khan Kamal, both receiving death sentences. Cheers erupted in court, and sweets were distributed at Dhaka University, where the Jamaat-e-Islami's student wing recently secured a substantial victory. Media reports noted dissatisfaction with the "lenient" five-year sentence given to former Inspector General of Police Chowdhury Abdullah Al-Mamun, who testified against Hasina.

The verdict, broadcast live nationwide and internationally on large screens, charged Hasina with ordering the elimination of protesters using lethal weapons and specifically cited the killings of student Abu Said and multiple protesters in Chankharpul and Ashulia. The death sentence appeared inevitable in proceedings where the accused had no representation.

This judicial spectacle has ignited predictable unrest. The Awami League remains active, with crude bombs detonated at 32 locations and protests organized. Hasina's son, Sajeb Wajed, threatened violence if the ban on the party isn't lifted. Simultaneously, vandals with bulldozers attempted to demolish what remained of Mujibur Rehman's residence. Yunus suspended the Awami League in May citing national security concerns, further destabilizing Bangladesh's already struggling economy.

Following the verdict, Yunus declared that "no one was above the law," yet human rights monitors document continued extrajudicial killings and brutality under his administration. At least 40 cases of shooting or torture deaths have been recorded, with numbers growing according to Yunus's own Commission of Enquiry on Forced Disappearances. BNP youth members and Awami League leaders alike have suffered detention, disappearance, and death. While Yunus may not directly order these actions, he bears responsibility as the system of repression continues despite promises of reform.

India's response has been measured. The extradition treaty between India and Bangladesh, originally focused on terrorism, includes a "political exception" clause preventing politically motivated persecution. While the treaty lists extraditable offenses including manslaughter and assault, it requires Delhi to review court documents thoroughly before making decisions. Following UN Model Extradition Treaty principles, India is unlikely to extradite when fair trial concerns exist, especially in death penalty cases.

This diplomatic quandary is complicated by Hasina's own democratic shortcomings during her second term. Yet Yunus, unelected and reportedly installed with US backing, presents no democratic improvement. Pakistan and China will likely exploit this situation to foster anti-India sentiment. With Bangladesh elections scheduled for February 2026, this issue will feature prominently in political campaigns unless India demonstrates goodwill through trade or assistance initiatives.

Ultimately, while neighboring countries may criticize India when politically expedient, geographic realities typically lead to cooperation. However, current geopolitical unpredictability necessitates swift action to counter growing disaffection promoted by extreme religious groups. Addressing long-delayed water-sharing agreements, previously hindered by local electoral politics, could significantly improve relations.

The international community should remain vigilant. Days before the Hasina verdict protests, violent demonstrations targeted Ahmadiyyas, a group persecuted worldwide. Religious intolerance appears to be growing in Bangladesh, presenting dangers potentially more significant than political upheaval. Radicalism thrives in such environments of instability and persecution.

(Dr Tara Kartha is a former Director, National Security Council Secretariat)

Disclaimer: These are the personal opinions of the author