'Deplorable But Not Illegal': Kerala High Court Quashes Case Against Law Student Accused Of Defiling Gandhi Statue

The Kerala High Court recently quashed the criminal proceedings taken against a law student for allegedly defiling a Mahatma Gandhi statue on his campus by putting cooling glasses and Christmas wreath on it.

Justice V.G. Arun quashed the criminal proceedings alleging commission of offences under Sections 153 [Wantonly giving provocation with intent to cause riot] and 426 [Punishment for mischief] of IPC noting that the ingredients of the offences were not made out. Terming the act to be immoral, the learned judge observed:

"Undoubtedly, the conduct of the petitioner is deplorable and he should have known that the rights and freedom guaranteed by the Constitution ought to be tempered and moulded by the fundamental duties cast upon him...Here, it is essential to note that all immoral acts are not illegal acts. Illegal acts are behaviours or actions explicitly prohibited by law, enforceable by the State, and subject to legal penalties like fines or imprisonment. On the other hand, immoral acts are behaviours considered wrong or unethical according to societal norms, personal values, or moral frameworks, which may not necessarily violate laws. Pertinently, even the Prevention of Insults to National Honour Act, 1971 does not contain any provision against defilement of the images/statues of our national leaders...The outcome of the above discussion is that, while the objectionable conduct of the petitioner is undoubtedly immoral, it cannot be termed as illegal in the absence of a law preventing and prescribing punishment for such act."

However, the Court noted that respecting our freedom fighters is a fundamental duty under the Constitution even though not explicitly mentioned. It further observed:

"The Constitution of India, while guaranteeing fundamental rights, also expects its citizens to abide by their fundamental duties. One such fundamental duty, enumerated in Article 51A, is to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. Although not specifically mentioned in Article 51A, it is also the duty of every Indian citizen to respect the freedom fighters who were instrumental in liberating our country from foreign rule."

The Court remarked that though the act of the petitioner can be termed as 'mischief' in common parlance, the offence of 'mischief' was not made out since the ingredients under Section 425 IPC were not satisfied.

Regarding the offence under Section 153, the Court found that since no illegal act was committed by the petitioner, the same would not stand.

Thus, it allowed the petition.

Case No: Crl.M.C. No. 10891/2024

Case Title: XXX v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 482

Click To Read/Download Judgment