India Tomorrow
NEW DELHI: A group comprising eleven individuals, including former diplomats, academicians, intellectuals, and social activists, has filed a petition with the Supreme Court demanding an immediate halt to the sale of arms and ammunition to Israel amidst the ongoing conflict in Gaza, according to a Live Law report.
Filed through senior advocates Prashant Bhushan and Chery D’Souza, the petition seeks a directive for the Indian government to revoke or suspend licenses and permissions granted to Indian companies to export arms and military equipment to Israel during the current conflict.
The petition, filed under Article 32 of the Constitution, argues that the supply of arms to Israel during its ongoing actions in Gaza contravenes fundamental rights to life and liberty guaranteed under the Indian Constitution and undermines Article 51, which promotes international peace and security.
The petition asserts that India should immediately suspend its military aid to Israel, specifically any military equipment that could be used in violation of the Genocide Convention, international humanitarian law, or other established norms of international law. It demands that India take urgent measures to ensure that weapons already delivered to Israel are not employed in acts of genocide or other violations of international law.
It highlights that India is bound by various international laws and treaties that prohibit the supply of military weapons to states accused of war crimes, as such exports could contribute to serious breaches of international humanitarian law.
The petition refers to a recent International Court of Justice (ICJ) decision dated January 26, 2024, which mandated provisional measures against Israel for violations of the Convention on the Prevention and Punishment of the Crime of Genocide in Gaza. In light of this ruling, United Nations experts have warned that transferring weapons and military ammunition to Israel could constitute a grave violation of human rights and international humanitarian laws, potentially implicating states in international crimes, including genocide.
Despite India’s vote in favour of a UN resolution calling for an immediate ceasefire in Gaza in December 2023, its abstention from a resolution advocating for a ceasefire and an arms embargo on Israel in April 2024 raises concerns about India’s role in the ongoing conflict, especially given the ICJ’s ruling on genocide.
The petition also notes credible reports indicating that Indian authorities have issued licenses for the export of arms to Israel, including from a public sector company, even after the conflict began and following the ICJ’s genocide ruling. Specifically, at least three Indian companies dealing in arms and munitions have received licenses from the Directorate General of Foreign Trade (DGFT) and the Department of Defence Production (DDP) for military exports to Israel during the ongoing conflict.
The petition argues that granting these licenses and approving such exports seriously violates India’s international obligations. It further contends that these actions are arbitrary, unreasonable, and unjust, in violation of Article 14 of the Indian Constitution, and thus should be declared invalid.
The petition requests that the Court issue a writ of mandamus or any other appropriate directive to the Union of India and its relevant agencies to cancel existing licenses and halt the issuance of new licenses for the export of arms and military equipment to Israel.
The 11 petitioners are:
1. Mr. Ashok Kumar Sharma, a retired civil servant (diplomat) who joined Indian Foreign Service in 1981 and retired in 2017.
2. Ms. Meena Gupta, a retired civil servant, having worked in the Indian Administrative Service, from 1971 to 2008.
3. Mr. Deb Mukharji, Indian Foreign Service officer from 1964 to 2001.
4. Mr. Achin Vanaik, a retired Professor of “International Relations and Global Politics” and Former Dean of the Faculty of Social Sciences, University of Delhi.
5. Mr. Jean Drèze, development economist, currently Visiting Professor at Ranchi University.
6. Mr. Thodur Madabusi Krishna, one of the pre-eminent vocalists in the rigorous Karnatik tradition of India’s classical music.
7. Dr. Harsh Mander, human rights and peace worker, writer, columnist, researcher and teacher is Chairperson, Centre for Equity Studies, devoted to the analysis and development of public policy and law for justice and rights of disadvantaged groups.
8. Mr. Nikhil Dey, one of the founding members of the Mazdoor Kisan Shakti Sangathan (MKSS).
9. Mr. Vijayan Malloothra Joseph, a Delhi-based research scholar and policy analyst.
10. Mr. Feroze Mithiborwala, an Indian secular peace activist.
11. Ms. Prakriti, a researcher and activist based in Delhi.
