India and Nepal to Revise 1953 Extradition Treaty and Sign MLA Pact

Relevance: GS II India’s neighbourhood policy

In order to address current legal and security issues, such as growing worries about cross-border crime, fugitive extradition, and terrorist hideouts, India and Nepal are planning to amend their antiquated 1953 Extradition Treaty. In order to improve judicial cooperation, information sharing, and coordination of criminal investigations, the two neighboring nations are also working toward signing a Mutual Legal Assistance (MLA) Treaty. It is anticipated that these strategic legal reforms will strengthen the rule of law across their porous borders, improve bilateral relations, and reduce transnational crime.

Concerning Extradition 

The surrender of a person by one state to another for prosecution for crimes for which he has been charged or found guilty and which are acceptable in the courts of the other states is known as extradition.

• The central authority is the Ministry of External Affairs (MEA).

About the Agreement on Mutual Legal Assistance (MLA) between India and Nepal 

In criminal cases, governments can request evidence, exchange intelligence, and support investigations with the help of mutual legal assistance (MLA). India has such treaties with 42 nations, such as Israel (2015), the United States (2005), and others.

• The most important body is the Ministry of Home Affairs. The agreement’s advantage It will codify and harmonize protocols for collaboration in criminal cases. 
• The officials will be required by law to exchange information and proof. Faster investigations and prosecutions result from this.

What Were the Difficulties Without an MLA Agreement?

India and Nepal share a 1,751-kilometer open border, and organizations such as the Indian Mujahideen used Nepal as a transit or hideout route, sending operatives from India to third countries via Nepal.

• Nepal is currently the only neighboring country (apart from Bhutan) without an MLA with India, which unintentionally made it a desirable destination for criminals seeking refuge.
• In the absence of a legally binding treaty, cooperation frequently depended on promises of reciprocity and there were no guarantees. For instance, Nepal has occasionally detained Pakistani individuals engaged in counterfeit Indian currency schemes.

Mains: 

Question: “The outdated nature of the 1953 Extradition Treaty between India and Nepal has created legal and operational vacuums in bilateral security cooperation.” Examine the challenges posed by the outdated treaty and evaluate how its revision can contribute to regional security.

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Mains PYQs: 

Question: Write about Madheshis in Nepal. (UPSC IAS 2007)

MCQs:

Question: With reference to the concept of Extradition, consider the following statements:

1. Extradition refers to the surrender of a person by one state to another for crimes committed in the requesting state.
2. The Ministry of Home Affairs is the nodal agency for extradition in India.
3. The 1953 India-Nepal Extradition Treaty is considered outdated and is under revision.

Which of the statements given above is/are correct?

1. a) 1 and 2 only
2. b) 2 and 3 only
3. c) 1 and 3 only
4. d) 1, 2 and 3

Answer: c) 1 and 3 only

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