India-US Extradition Treaty

Why in news?

Recently, Tahawwur Rana, an accused in the 26/11 Mumbai attack, has been extradited from the US to India. Extradition treaties in India are governed by the 'Extradition Act, 1962'.

What is Extradition

• According to the United Nations Office on Drugs and Crime (UNODC), extradition means the surrender of a person who is sought by the requesting state (nation) for criminal prosecution for an extraditable offence.
•  Generally, in principle, the alleged crime for which extradition is being sought should be a crime in both the requesting state and the state from which the request is being made.
•  Extraditable crime means the crime mentioned in the extradition treaty with that state (nation).
•  In the absence of an extradition treaty, crimes for which there is a provision of imprisonment of at least 1 year in India or (that) foreign state are also considered extraditable crimes.

General Principles of Extradition

• Principle of Double Criminality: The crime for extradition should be defined as a crime in the laws of both the countries (requesting and receiving the request).
• Principle of Specificity: The extradited person can be prosecuted only for the crime for which extradition has been approved.
• Principle of minimum seriousness: The crime must be serious enough to justify extradition, such as a minimum sentence of one year.
• Principle of non-political crime: Extradition is generally not done for political crimes except for some exceptions (such as terrorism).
• Human rights protection: Extradition must not violate the person's human rights (such as the risk of torture or the death penalty).
• Principle of citizenship: Some countries do not extradite their citizens, but prosecute them themselves.
• Principle of proof: The requesting country has to prove that there is sufficient prima facie evidence of the crime.
• Principle of reciprocity: Extradition usually takes place between countries that have reciprocal extradition agreements with each other.

Extradition Framework

Major International Extradition Frameworks Globally

• United Nations Model Extradition Treaty (1990)
• United Nations Model Extradition Law (2004)
• United Nations Convention against Transnational Organized Crime (2000)
• London Plan

Extradition Framework in India

• Governed by the Extradition Act, 1962 (amended in 1993)
• Nodal Authority : Ministry of External Affairs
  • Extradition request is sent to Ministry of Home Affairs through Ministry of External Affairs
• Final decision on extradition : By Government of India
  • However, appeal can be made to High Court
• Necessary condition: Need for extradition treaty or reciprocal arrangement with the said nation
• India has extradition treaties: With 48 countries including Canada, Thailand, Australia, United Kingdom, Bangladesh, USA

Challenges related to extradition

•  Difference between political offence and criminal offence
• Complex legal and diplomatic processes related to citizenship
• Problem in extradition due to lack of treaty with some countries (like Pakistan)
• Different legal systems
• Human rights related disputes

London Scheme and India

• Official name: London Scheme for Extradition within the Commonwealth
• Start: 1966 (amended from time to time)
• Features: Cooperative and standardized framework for extradition among Commonwealth countries
• Nature of Agreement: Non-binding agreement
  • Countries implement it under their domestic laws.
• Objective: To increase cooperation in the extradition of criminals among Commonwealth countries (India, UK, Canada, Australia, Singapore etc.)
• Benefits: To simplify extradition even in the absence of a formal treaty.
• Example: Sanjeev Chawla (extradition from UK to India in cricket betting case)
• Global context: Limited to 54 Commonwealth countries