Former Bureaucrats, Senior Academics & Activists Move Supreme Court Seeking Suspension Of Military Exports To Israel
|A Public Interest Litigation (PIL) Writ Petition has been filed by former bureaucrats, senior academics, activists before the Supreme Court seeking directions from the Union of India to halt the export of arms and military equipment to Israel during its ongoing military operations in Gaza.
The petition filed through Advocate Prashant Bhushan argues that these exports violate India's obligations under international law, particularly the Genocide Convention, and infringe upon Articles 14 and 21 of the Indian Constitution, read with Article 51(c).
"...appropriate directions in the nature of a mandamus to the Respondent, Union of India, to cancel any existing licences/permissions and halt the grant of new licences/permissions, to various companies in India, for exports of arms and other military equipment to Israel during Israel’s war in Gaza, which is in violation India’s obligations under international law coupled with Articles 14 and 21 read with 51(c) of the Constitution of India. These companies include a public sector enterprise under the Ministry of Defence, M/s Munitions India Limited and other private companies such as M/s Premier Explosive and Adani Defence and Aeropace Ltd., and others," the PIL reads.
The Petitioners include; Ashok Kumar Sharma [retired civil servant (diplomat) who joined Indian Foreign Service in 1981 and retired in 2017], Meena Gupta [retired civil servant, having worked in the Indian Administrative Service, from 1971 to 2008], Deb Mukharji [served in Indian Foreign Service from 1964 to 2001], Achin Vanaik [retired Professor of "International Relations and Global Politics" and Former Dean of the Faculty of Social Sciences, University of Delhi], Jean Drèze [development economist, is currently Visiting Professor at Ranchi University], Thodur Madabusi Krishna [one of the pre-eminent vocalists in the rigorous Karnatik tradition of India's classical music], Dr. Harsh Mander [human rights and peace worker, writer, columnist, researcher and teacher is Chairperson, Centre for Equity Studies], Nikhil Dey [one of the founding members of the Mazdoor Kisan Shakti Sangathan (MKSS)], Vijayan Malloothra Joseph [Delhi-based research scholar and policy analyst], Feroze Mithiborwala [Indian secular peace activist], and Prakriti [researcher and activist based in Delhi].
The Petitioner has called for the cancellation of existing licenses and the suspension of the issuance of new licenses to various Indian companies engaged in the export of military hardware to Israel. Among the companies named in the petition are Munitions India Limited, a public sector enterprise under the Ministry of Defence, and private firms such as Premier Explosives Ltd. and Adani Defence and Aerospace Ltd.
The PIL highlights the recent decision of the International Court of Justice (ICJ) on January 26, 2024, which ordered provisional measures against Israel for violations in Gaza under the Convention on the Prevention and Punishment of the Crime of Genocide. The ICJ's ruling called for an immediate halt to military actions causing harm to the Palestinian people. Following this, United Nations experts warned that the continued transfer of weapons to Israel could constitute serious violations of human rights and international humanitarian law, potentially implicating states in genocide.
The petition underscores that India is a signatory to various international treaties and conventions, including the Genocide Convention and the Geneva Conventions, which obligate the country to prevent genocide and refrain from supplying arms to states involved in war crimes. It is argued that exporting military equipment to Israel, which could be used in such crimes, directly contravenes these international obligations.
Additionally, the petition cites India's vote in favour of a UN resolution calling for an immediate ceasefire in Gaza in December 2023. However, India's subsequent abstention from a similar resolution in April 2024, which also called for an arms embargo on Israel, has raised concerns about India's potential complicity in the ongoing conflict.
"At least 3 companies in India dealing with manufacture and export of arms and munitions have been granted licenses for the export of arms and munitions to Israel, even during this period of the ongoing war in Gaza. These licences have been obtained from either the Directorate General of Foreign Trade (DGFT) or the Department of Defence Production (DDP) that authorize export of arms and munitions for dual use and specifically for military purposes," the PIL reads.
It states that Munitions India Ltd., a public sector enterprise, was reportedly permitted to ship its products to Israel in January 2024, with a repeat order under consideration in April 2024. Similarly, Premier Explosives Ltd. has been exporting explosives and allied accessories to Israel since 2021, with three licenses granted after the onset of the Gaza conflict. Furthermore, Adani-Elbit Advanced Systems India Ltd., a joint venture between the Adani Group and Israeli company Elbit, has manufactured and exported munitions for over 20 Hermes 900 UAVs/military drones to the Israeli military between 2019 and 2023. These drones have been extensively used in Israel's military campaign in Gaza.
Additionally, the PIL argues that these actions violate Article 21 of the Indian Constitution, which is available to non-citizens and encompasses the right to life. The petition also contends that state actions aiding and abetting the deaths of Palestinians during the ongoing war with Israel fall within the purview of judicial review. It further asserts that the issuance of these licenses and the export of arms constitutes a serious breach of India's obligations under international law, rendering the actions arbitrary, unreasonable, and violative of Article 14 of the Constitution.
Earlier in July, a group of citizens wrote a letter to the Defence Ministry urging the Indian government to cancel all existing licenses and halt future approvals for the export of military arms and equipment to Israel. This letter has been written in the light of the ongoing conflict in Gaza and recent rulings by the International Court of Justice (ICJ), which declared Israel to be in violation of its obligations under the Genocide Convention and recognized its illegal occupation of Palestinian territories.
"We are writing to you as concerned citizens, alarmed at the continued grant of export licences and permissions to various Indian companies, for the supply of military arms and munitions to Israel, since the war on Gaza began. The International Court of Justice (ICJ) has clearly ruled that Israel is in violation of obligations under the Genocide Convention and further that Israel is in illegal occupation of the occupied Palestinian territory. In light of these rulings, any supply of military material to Israel would amount to a violation of India’s obligations under international humanitarian law and the mandate of Article 21 read with Article 51(c) of the Constitution of India. We urge you, therefore, to cancel the concerned export licences and halt the granting of any new licences to companies supplying military equipment to Israel," the letter read.
Cause Title: Ashok Kumar Sharma & Ors. v. Union of India [W.P.(C) No. 000551/2024]