- 14-Jun-2025
- Elder & Estate Planning law
Extradition is the legal process in which one country formally requests the surrender of a person accused of a crime to face prosecution or punishment in the requesting country. India, like other nations, has treaties and legal mechanisms for seeking extradition for a variety of crimes, including serious offenses like dowry-related violence and domestic abuse. However, the ability to extradite an individual accused of such crimes depends on several factors, such as international agreements, the nature of the crime, and the laws of the country where the accused is located.
In India, dowry-related crimes, including dowry harassment and dowry death, are criminal offenses under the Dowry Prohibition Act, 1961 and Section 498A of the Indian Penal Code (IPC). These crimes involve the harassment of a woman by her in-laws for dowry or in extreme cases, the killing of a woman due to dowry disputes. If someone is accused of such crimes and flees to another country, India may seek extradition to bring the accused back for prosecution.
However, the challenge lies in the fact that dowry-related crimes are viewed differently in international law. While dowry deaths are treated as serious crimes in India, other countries may not recognize them to the same degree or may classify them as less severe.
India also has laws to address domestic violence, such as the Protection of Women from Domestic Violence Act (PWDVA), 2005, which provides legal remedies for women facing domestic abuse. Domestic violence may include physical, emotional, or economic abuse, and offenders can be prosecuted under Indian law.
However, domestic violence laws vary from country to country. Extraditing someone accused of domestic violence to India may depend on whether the crime is recognized similarly in the country where the accused is located. Some nations may see domestic violence as a less serious offense or may not have equivalent laws.
India has extradition treaties with several countries, including the United States, the United Kingdom, Canada, and many other nations. These treaties often define which offenses are extraditable, and both dowry-related offenses and domestic violence may or may not fall under the treaty's scope.
Extradition treaties typically exclude political offenses from extradition. While dowry deaths and domestic violence are not classified as political offenses, there is a risk that countries may refuse to extradite individuals if they perceive the charges as related to domestic issues that do not reach the threshold of international crimes.
This principle ensures that a crime must be a crime in both the requesting country (India) and the country where the individual is located. If dowry-related crimes or domestic violence are not recognized as crimes in the requested country, extradition may be denied.
One of the key obstacles in seeking extradition for dowry or domestic violence cases is proving the crime beyond a reasonable doubt. Many countries require a high standard of evidence for extradition requests, and some may be unwilling to extradite an individual unless they believe the case is strong enough based on the evidence provided. For crimes like dowry deaths, evidence may be difficult to gather across borders, especially if the alleged crime occurred many years ago.
If the accused person can demonstrate that they would face inhumane treatment or unfair trial conditions in India, extradition could be blocked on human rights grounds. For example, the United Nations Convention Against Torture prohibits extradition to countries where individuals may face torture or degrading treatment. If the requesting country believes that the accused will not receive a fair trial or face excessive punishment in India, extradition may be denied.
Some countries may argue that gender-based violence, including domestic violence, is a matter of private concern and not an extraditable offense under international law. This can complicate extradition requests for domestic violence crimes, as different countries may have varying interpretations of what constitutes an international crime.
If the accused person has fled to a country that does not have an extradition treaty with India or has stringent requirements for extradition, the process may be significantly delayed or denied. Additionally, some countries may offer protections to women who flee domestic violence situations, and as such, they may offer asylum or protective status to the accused individual, which could hinder the extradition process.
International conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Declaration on the Elimination of Violence Against Women (1993) emphasize the need for countries to tackle domestic violence and violence against women. While these documents support international cooperation in addressing gender-based violence, they do not automatically provide a mechanism for extraditing individuals accused of domestic violence.
Given the sensitive nature of domestic violence and dowry-related offenses, India may face challenges in presenting a fair and balanced case to requesting countries, especially when the victim's rights are at stake. Countries may require assurances that the victim will not face further discrimination or retaliation during legal proceedings in India.
Suppose a man from India is accused of dowry harassment and the death of his wife under suspicious circumstances. He flees to Australia. The Indian authorities seek extradition, but Australia’s laws are stricter about extraditing individuals accused of domestic violence unless the offense is a major criminal act recognized internationally.
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