The Kerala High Court dismissed charges against three people who waved black flags at Chief Minister Pinarayi Vijayan’s convoy in 2017. The court ruled that the act did not constitute defamation or an illegal action. This ruling clarifies that waving a black flag in protest is not inherently defamatory.
In a significant ruling for the opposition, the Kerala High Court dismissed charges against three individuals who waved black flags at Chief Minister Pinarayi Vijayan’s convoy in 2017.
Justice Bechu Kurian Thomas determined that such actions do not constitute defamation or obstruction under Indian law.
The case arose from an incident on April 9, 2017, when Simil, Phijo, and Sumesh Dayanandan waved black flags as the Chief Minister’s convoy passed through North Paravur. Initially, they were charged with defamation, obstructing a public way, and causing harm to public servants.
Justice Thomas remarked that waving a black flag, a common symbol of protest, cannot be interpreted as defamatory or unlawful.
He stated,
“Showing or waving a black flag to a person cannot amount to defamation nor is it an illegal act.”
He emphasized that unless specifically prohibited by law, waving a flag is a legitimate form of protest and should not be penalized as defamation.
The court also examined the obstruction charges, noting that there was no evidence to indicate the protesters had created any significant obstruction to the convoy.
The final report indicated that police intervened swiftly, preventing any disruption.
The court affirmed,
“No obstruction was caused to the Chief Minister’s convoy, even temporarily,”
Furthermore, it pointed out that any alleged physical contact described as a “minimal push and pull” happened while police were removing the protesters and did not hinder their duties.
Youth Congress activists encountered similar charges for waving black flags at the Chief Minister during a government outreach event in 2023.
Waving a black flag at a public figure, such as a Chief Minister, is often used as a symbolic act of protest in India. It typically signifies opposition to government policies, decisions, or actions, and is considered a non-violent form of dissent.
The act, though often controversial, does not necessarily carry defamatory or illegal implications unless accompanied by other actions that breach the law. Waving black flags is protected under the broader right to freedom of expression, though its interpretation can vary based on context and judicial rulings, as seen in the Kerala High Court’s recent decision.