Extraditing Justice: Rana's Case and the Need for Deeper India-US Legal Ties

India has submitted over 65 extradition requests to the United States, but only 11 have led to successful extraditions. This statistic underscores the considerable obstacles faced in the extradition process between the two countries.

- V Abhinav Deep Dora & Prof V Vijay Lakshmi

Tahawwur Rana's extradition to India represents a significant milestone in increasing collaboration between India and the United States in combating terrorism but also conveys a powerful message that those involved in serious crimes cannot evade justice by crossing international borders.

Nonetheless, numerous high-profile cases are still unresolved, underscoring the existing delays and bureaucratic obstacles in the extradition process between the two countries.

To ensure justice is served promptly, it is crucial to establish a more efficient, transparent, and time-sensitive extradition framework.

Both nations should work to strengthen legal collaboration, tackle procedural issues, and foster mutual trust to improve the outcomes of extradition efforts.

While this case marks a positive start, ongoing commitment is necessary to ensure that all offenders face justice.

The Extradition Treaty between India and the United States was signed on June 25, 1997, and became effective on July 21, 1999.

This treaty establishes a legal basis for the extradition of fugitives between the two nations, allowing either country to request the return of individuals who are charged with or have been convicted of criminal offences.

The Extradition Treaty between India and the USA incorporates essential provisions to guarantee a fair and lawful extradition process.

A fundamental principle known as dual criminality requires that the alleged crime must be recognized as an offense in both nations.

The offense should be an extraditable offense which is defined as those crimes that carry a minimum penalty of one year in prison.

Nonetheless, extradition may be refused under the political offense exception, which safeguards individuals who are sought for political motives.