Kerala: Giving a big blow to the Kerala government, the Kerala High Court said in its decision that waving black flags in front of the Chief Minister's convoy is neither illegal nor can it be considered defamation. This decision has come in favor of the Youth Congress workers who protested against Chief Minister Pinarayi Vijayan, who had to face police action during the 'Nava Kerala Sadas' program last year.

This decision of Justice B Kurian Thomas is also important because he has recognized it as a right to protest. This decision of the court also supports the fundamental right to express dissatisfaction with the government.

Waving black flags is a symbol of protest

Justice Thomas said in his order, "Although in some situations a visual sign can be used to defame a person, showing or waving a black flag to a person does not come under the purview of defamation." The court clarified that it is only a symbol of protest and unless there is a law declaring it illegal, it cannot be considered illegal.

The decision is based on an incident in 2017, when a case was registered against three persons for waving black flags in front of Vijayan's convoy. The court quashed the final report filed by the police in this incident.

No need to change the law

The court said that waving black flags is usually a sign of protest and is not intended to insult anyone. Unless a special law is made to ban such conduct, it cannot be considered illegal or a crime of defamation. It is clear from this decision that the court considers the right to protest a constitutional right and considers such action a part of democracy.