A PIL has been filed in the Supreme Court seeking a direction to the Centre to cancel licences and not to grant new ones to Indian firms exporting arms and other military equipments to Israel, which is fighting a war in Gaza. The PIL, filed through lawyer Prashant Bhushan, has made the union ministry of defence a party.
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NEW DELHI: A Public Interest Litigation (PIL) has been filed in the Supreme Court of India, seeking a directive to the central government to cancel existing licenses and halt the issuance of new ones to Indian companies that are exporting arms and military equipment to Israel, which is currently engaged in a conflict in Gaza.
The PIL, filed through lawyer Prashant Bhushan, argues that such exports are in violation of international laws to which India is a signatory.
The PIL makes the Union Ministry of Defence (MoD) a party in the case, stating that
“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.”
The petition was brought forth by 11 individuals, including Ashok Kumar Sharma, a resident of Noida, and claims that the sale of military equipment to Israel violates India’s commitments under international law, as well as Articles 14 and 21 of the Indian Constitution, which protect equality before the law and the right to life, respectively.
The plea further requests the court to-
“issue a writ of mandamus or any other appropriate writ or direction to the respondents, Union of India, through its various organs, to cancel any existing licences and halt the grant of new licences/permissions, to various companies in India, for export of arms and other military equipment to Israel…”
In support of its arguments, the petition cites recent rulings from the International Court of Justice (ICJ). Specifically, it refers to a decision from January 26, 2024, in which the ICJ ordered provisional measures against Israel for violations in the Gaza Strip, as part of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.
The plea notes that the ICJ’s provisional measures include-
“an immediate military halt to all killings and destruction that is being perpetrated by Israel on the Palestinian people.”
It also mentions that-
“United Nations experts released a statement warning against the transfer of weapons and military ammunition to Israel which may constitute a serious violation of human rights and international humanitarian laws and risk state complicity in international crimes, possibly including genocide.”
The PIL emphasizes that-
“India is bound by various international laws and treaties that obligate India not to supply military weapons to States guilty of war crimes.”
This point is central to the argument that any such exports could be used in serious violations of international humanitarian law.
The context of the war in Gaza is also highlighted in the petition. It mentions that Israel’s actions have resulted in the deaths of thousands of Palestinians, following an unprecedented attack on October 7, 2023, in which Hamas gunmen crossed into Israel from Gaza, killing approximately 1,200 people.
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