The Supreme Court on Monday rejected a petition from human rights activists, academics, and former bureaucrats calling for a halt to India’s military exports to Israel amid the ongoing war in Gaza.
The Supreme Court stated it lacks the authority to direct the Indian government on matters of military exports, as such decisions fall under the realm of foreign policy. The bench, led by Chief Justice DY Chandrachud and including Justices JB Pardiwala and Manoj Misra, noted that foreign affairs are solely the responsibility of the Union Government under Article 162 of the Constitution.
The Court noted that granting the relief sought by the petitioners would require it to rule on allegations against Israel, a sovereign nation outside the jurisdiction of Indian courts, according to Live Law.
The Supreme Court noted that granting the requested reliefs would effectively result in a judicial injunction against contracts Indian companies may have with international entities. In dismissing the petition, the Court clarified that it made no judgment on the merits of India’s foreign policy or the actions of any sovereign nation, Live Law reported.
The writ petition under Article 32 was filed by advocate Prashant Bhushan on behalf of the petitioners, which included:
1. Ashok Kumar Sharma, retired IFS officer
2. Meena Gupta, retired IAS officer
3. Deb Mukharji, retired IAS officer
4. Achin Vanaik, retired professor of International Relations and former Dean at the University of Delhi
5. Jean Drèze, development economist and Visiting Professor at Ranchi University
6. Thodur Madabusi Krishna, noted musician
7. Harsh Mander, human rights activist
8. Nikhil Dey, founding member of Mazdoor Kisan Shakti Sangathan (MKSS)
9. Vijayan Malloothra Joseph, Delhi-based research scholar and policy analyst
10. Feroze Mithiborwala, peace activist
11. Prakriti, researcher and activist based in Delhi
The petition argued that continuing arms and military equipment exports to Israel amid the Gaza siege breaches Articles 14 and 21, in conjunction with Article 51(c) of the Indian Constitution, which mandates fostering respect for international law and treaty obligations.
“India should immediately suspend its aid to Israel, in particular its military assistance including military equipment, in so far as this aid may be used in the violation of the Genocide Convention, international humanitarian law or other peremptory norms of general international law. India must immediately make every effort to ensure that weapons already delivered to Israel are not used to commit genocide, contribute to acts of genocide or are used in such a way as to violate international humanitarian law,” read the petition.
The petitioners contended that India is obligated by international laws and treaties to refrain from supplying military weapons to states accused of war crimes, as such exports could contribute to serious breaches of international humanitarian law.
The petition cited a recent International Court of Justice (ICJ) ruling from January 26, 2024, which imposed provisional measures against Israel for violations in Gaza under the Convention on the Prevention and Punishment of the Crime of Genocide. The petition also highlighted that at least three Indian companies have been granted licenses to export arms and munitions to Israel during the Gaza conflict. These licenses, issued by the Directorate General of Foreign Trade (DGFT) or the Department of Defence Production (DDP), permit the export of military-grade arms and dual-use equipment.
The petition read: “In January 2024, Munition India Ltd. a public sector enterprise under the Ministry of Defence – was permitted to ship its products to Israel. In April the company again applied to export the same product under repeat order from Israel. The approval of the same is under consideration by licensing authorities. The application was made to DGFTs Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) division, which authorizes licenses for export of arms and munitions that come under the dual-use category.”
“The actions of the State in granting licenses to companies for military exports to Israel, in violation of India’s binding obligations under International law, is arbitrary, unreasonable and unfair, being violative of Article 14 and must be struck down,” said the petition.
