Table of Contents
A group of retired diplomats, academics, and activists have petitioned the Supreme Court of India, urging the government to suspend military exports to Israel amidst the ongoing Gaza conflict. The plea, filed by prominent figures like Ashok Kumar Sharma and T.M. Krishna, argues that supplying arms to Israel violates India’s obligations under international law and breaches constitutional rights. The petition highlights India’s responsibility to uphold the Genocide Convention and questions the government’s recent actions, especially after abstaining from a UN resolution on an arms embargo against Israel.
The Petition’s Core Arguments:
- Violation of International Law: The petitioners contend that India’s arms exports to Israel during the Gaza conflict contravene international humanitarian law and treaties, including the Genocide Convention.
- Constitutional Breach: The plea asserts that exporting military equipment to Israel violates the fundamental rights to life and equality, as outlined in the Indian Constitution, specifically referencing Article 51C, which mandates the state to respect international law.
- Recent Government Actions: The petition raises concerns about India’s abstention from a UN resolution calling for a ceasefire and arms embargo on Israel, despite previously voting for a ceasefire in December 2023.
- Credible Reports: The plea claims that despite the International Court of Justice’s ruling on genocide by Israel, Indian authorities have continued to grant licenses for arms exports to Israel, even after the conflict began.
Key Petitioners:
- Ashok Kumar Sharma (Retired Diplomat)
- Meena Gupta (Former IAS Officer)
- Deb Mukharji (Former IFS Officer)
- Achin Vanaik (Retired Professor)
- Jean Drèze (Developmental Economist)
- T.M. Krishna (Eminent Carnatic Vocalist and Public Intellectual)
- Dr. Harsh Mander (Human Rights Activist)
- Nikhil Dey (Mazdoor Kisan Shakti Sangathan Founder)
- Vijayan Malloothra Joseph (Research Scholar)
Legal and Ethical Implications:
The petition emphasizes India’s legal and moral responsibility to prevent the export of military equipment that could be used in war crimes. The Supreme Court is being asked to ensure that India’s actions align with its international obligations and constitutional principles.
