Retired diplomats, academicians, public intellectuals and activists moved the Supreme Court on Wednesday (September 4, 2024) to direct the government to cancel or halt licences and permissions given to Indian companies to export arms and other military equipment to Israel during the ongoing conflict in Gaza.
The petition, filed through advocates Prashant Bhushan and Cheryl D’souza, said the supply of weapons to Israel during the Gaza conflict was in violation of India’s obligations under the international law and in breach with the fundamental right to life and equality and Article 51C (state should foster respect for international law and treaty obligations) of the Constitution.
The petitioners include retired diplomat Ashok Kumar Sharma; former IAS officer Meena Gupta; former Indian Foreign Services officer Deb Mukharji; retired Professor Achin Vanaik; developmental economist Jean Drèze; eminent Carnatic vocalist and public intellectual T.M. Krishna; human rights activist Dr. Harsh Mander; Nikhil Dey, a founding member of the Mazdoor Kisan Shakti Sangathan; and Delhi-based research scholar Vijayan Malloothra Joseph.
The petition named companies, including a public sector enterprise under the Ministry of Defence, Munitions India Limited, and other private companies such as Premier Explosives, Adani Defence and Aeropace Ltd., and others.
“India is bound by various international laws and treaties that obligate India not to supply military weapons to States guilty of war crimes, as any export could be used in serious violations of international humanitarian law. Various judgments of this court have held that India is under an obligation to interpret domestic law in the light of the obligations under the conventions and treaties signed and ratified,” the petition submitted.
The petition said India was obligated under the Genocide Convention.
“India therefore cannot export any military equipment or weapons to Israel when there is a serious risk these weapons might be used to commit war crimes,” it said.
Having voted in favour of a UN resolution on an immediate ceasefire in Gaza in December 2023, India’s abstention from voting on a resolution calling for ceasefire and an arms embargo on Israel in April 2024, raises serious questions regarding the country’s complicity in aiding the war despite the International Court of Justice’s (ICJ) call for “immediate military halt to all killings and destruction perpetrated by Israel on the Palestinian people”.
The petition claimed there were “credible reports and publicly available records that Indian authorities have granted licences for the export of arms to various companies including a public sector company, for the export of munitions to Israel, after the war began, and even after the ICJ ruling on genocide by Israel”.
Published - September 04, 2024 03:36 pm IST
