Consider the following statements regarding India's extradition framework:

1. India does not have a national legislation exclusively dealing with extradition.

2. The extradition treaty between India and the U.S. states that extradition shall not be granted for a political offense.

Which of the statements given above is/are correct?

The correct answer is option 2.

In News

• Mumbai terror attack accused Tahawwur Rana has filed a renewed application seeking a stay on his extradition to India after the U.S. Supreme Court rejected his emergency bid. This highlights the functioning of extradition treaties, particularly between India and the U.S.

Key Points

• India does have a national legislation exclusively dealing with extradition, called the Extradition Act, 1962. Hence, Statement 1 is incorrect.
• The extradition treaty between India and the U.S., signed in 1997, explicitly states that extradition shall not be granted for a political offense. However, exceptions include crimes such as murder, aircraft hijacking, hostage-taking, and offenses related to illegal drugs. Hence, Statement 2 is correct.

Additional Information

• India has extradition treaties with more than 40 countries and extradition agreements with 11 countries.
• The Ministry of External Affairs (MEA), through its Consular, Passport & Visa Division, administers extradition requests.
• Extradition requests require dual criminality, meaning the offense should be punishable in both countries.
• Political offenses are often exempted from extradition to prevent persecution for ideological reasons.