New Delhi, Sep 5: A group of 11 distinguished individuals, including former diplomats, academics, intellectuals, and social activists, have approached the Supreme Court with a petition demanding an immediate halt to the sale of arms and ammunition to Israel in light of the ongoing genocidal conflict in Gaza. The petition, according to a report by Live Law, seeks urgent intervention to stop India’s military exports to Israel, citing concerns over violations of international law and humanitarian principles, reported The Hindu.
Filed by senior advocates Prashant Bhushan and Chery D’Souza under Article 32 of the Constitution, the petition requests the Indian government to revoke or suspend licenses granted to companies exporting arms and military equipment to Israel. The petitioners argue that continuing such supplies contravenes fundamental rights to life and liberty enshrined in the Indian Constitution and undermines Article 51, which promotes international peace and security.
The petition highlights that India’s military support to Israel during its actions in Gaza could lead to violations of the Genocide Convention, international humanitarian law, and other established norms of international law. It calls for India to take immediate measures to ensure that any military equipment already delivered to Israel is not used in acts of genocide or other breaches of international law.
The petition underscores India’s obligations under various international laws and treaties, which prohibit the supply of military weapons to states accused of war crimes. It refers to a recent ruling by the International Court of Justice (ICJ) on January 26, 2024, which imposed provisional measures against Israel for alleged violations of the Convention on the Prevention and Punishment of the Crime of Genocide in Gaza.
Despite India’s vote in favor of a United Nations resolution for an immediate ceasefire in Gaza in December 2023, the petition raises concerns over its abstention from another resolution in April 2024 that advocated for a ceasefire and arms embargo on Israel. The petition further notes that licenses for arms exports to Israel were issued even after the ICJ’s genocide ruling, involving at least three Indian companies.
The petition argues that these actions by Indian authorities violate India’s international obligations and are arbitrary, unreasonable, and unjust, thereby infringing upon Article 14 of the Constitution. The petitioners have requested the Supreme Court to issue a writ of mandamus or any other appropriate directive to cancel existing licenses and halt the issuance of new licenses for exporting arms to Israel.
The 11 petitioners include notable figures such as retired diplomats Ashok Kumar Sharma and Deb Mukharji, retired civil servant Meena Gupta, academic Jean Drèze, and human rights activist Dr. Harsh Mander, among others.
