Netiwit Faces Prison Time as Constitutional Court Unanimously Rules Military Draft Law Constitutional
The Constitutional Court ruled unanimously that Thailand's mandatory military conscription law is constitutional, rejecting activist Netiwit Chotiphatphaisal's challenge and clearing the way for his potential prosecution for publicly refusi
On May 12, 2025, the Constitutional Court unanimously ruled that Sections 27 and 45 of the 2024 Military Service Act do not violate Articles 26 and 31 of the Constitution. The ruling came after activist and political movement leader Netiwit Chotiphatphaisal challenged the law in case number Sor.3118/2568, accused of evading military conscription under the 1954 Military Service Act, Section 45. On April 5, 2024, Netiwit traveled to the military selection screening location at Bang Pu Municipality in Samut Prakan Province and publicly declared his refusal to participate in mandatory military service, arguing it contradicts human rights principles and creates inequality among Thai citizens, as all Thais should have the freedom to choose military service without coercion. The Samut Prakan District Court completed witness examination on September 11, 2024, when Netiwit filed a petition requesting the Constitutional Court review whether Sections 27 and 45—which mandate the conscription of Thai males aged 18 and above for military selection screening and impose penalties for non-compliance—violate the Constitution. Section 27 requires conscripts to appear before the selection committee with proper documentation, with exemptions only for civil servants on urgent state business, overseas students, government workers during wartime, those working with military units on active operations, those with legitimate hardship, those taking screening elsewhere, or those with verified illness. Section 45 imposes penalties on anyone who evades or refuses to appear for military screening, refuses screening when summoned, fails to complete the screening process, or otherwise evades conscription service, with maximum punishment of three years imprisonment.
