On Monday, the Supreme Court rejected a petition requesting a halt on India and Indian companies from providing arms and military assistance to Israel for its conflict in Gaza.
The Supreme Court ruled that it could not intervene in matters of foreign policy. It stated, “If the court were to halt arms exports to Israel, Indian companies may face lawsuits for breaching contractual obligations.” The bench, consisting of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Mishra, was hearing a petition filed by Ashok Kumar Sharma and others, represented by lawyer Prashant Bhushan. The petition sought to prevent the government from issuing or renewing licenses for Indian firms exporting military equipment to Israel.
The petitioners argued that Israel’s actions in Gaza amounted to genocide, and therefore India’s arms exports would violate the Convention on the Prevention and Punishment of the Crime of Genocide.
In its order, the court emphasized that foreign affairs fall under the purview of the Union government and that the judiciary could not rule on allegations against Israel, a sovereign nation not subject to Indian jurisdiction. CJI Chandrachud noted, “Can we direct a ban on exports to Israel under the UN’s genocide convention? Such a directive would affect foreign policy, and we do not fully understand the impact.”
India and Israel maintain a close strategic partnership, particularly in defense technologies and military equipment, with Israel providing counter-terrorism tools, including surveillance and cybersecurity systems. The conflict in Gaza has resulted in the deaths of thousands of Palestinians, following a surprise attack by Hamas militants on Israel on October 7, 2023, which claimed around 1,200 lives.
