The Constitutional Court ruled on Tuesday (12 May) that Sections 27 and 45 of the Military Service Act do not violate the Constitution, after a petition was filed by the Samut Prakan District Court on a request from activist and conscientious objector Netiwit Chotiphatphaisal.

Netiwit was charged with draft evasion after he refused to take part in military conscription in April 2024 as an act of protest against compulsory military conscription in Thailand, which he said is a violation of human rights and personal moral beliefs. It is outdated, ineffective, undermines democracy, and enforces a system of oppression. He was indicted in May 2025.

At the end of witness examination hearings in September 2025, Netiwit requested that the Samut Prakan District Court submit a petition to the Constitutional Court for a ruling  on whether the Military Service Act violates Article 31 of the Constitution, which protects the freedom of religion. He argued that all religions are against killing. It would therefore be against the conscience of a religious person to participate in military service and have to take part in operations that may affect others’ lives.

In a message on Facebook, Netiwit wrote that the ruling was as expected. He wrote that he has stood by his beliefs for 12 years without backing down and that he found meaning and contentment in the fight which means more than disappointment in the ruling. He calls on people to take a stand and find a solution if they see something wrong rather than just complaining or trying to find a way out just for themselves.

“My fight is one possible way, but the experiment may not be entirely successful,” he wrote. “In many places, the fight to end the draft has taken decades, and many people have sacrificed more than I have.

“So even if I fail, it is no reason to be discouraged or sad. We may not have really started campaigning. I want us to think about how we can do better, what lessons have we learned, and how can we do better or be more effective than me. If we really help each other, change will happen. We may have to tire ourselves out a little more and think more creatively, then change can happen.”

Netiwit is an education reform activist and has also worked with communities surrounding Chulalongkorn University facing eviction and rising rents. He has been vocal about his objection to compulsory military conscription, and on his 18^th birthday, he published a declaration saying that he is a conscientious objector and will not participate in military conscription, which he said is obsolete, and asking why supporters of peace and nonviolent action cannot reject conscription.

All Thai men over 21 years of age who have not completed reserve officer training are required by law to participate in the draft and join the military either voluntarily or by participating in a lottery, unless they do not meet physical and mental health standards. No exception is made for conscientious objectors.

Netiwit’s trial is said to be the first of a conscientious objector in Thailand. He previously said conscientious objection has never before been used to protest military service in the country, and that this is the first time such a case has been taken to court. The verdict, previously scheduled to be delivered in November 2025, has been delayed several times while waiting for the Constitutional Court’s ruling.