Putting Christmas Decorations On Gandhi Statue Not A Crime, Says Kerala High Court

Last Updated:August 06, 2025, 13:58 IST

The court quashed a case against a law student who had put sunglasses and a Christmas wreath on a statue of Mahatma Gandhi on campus during Christmas preparations

Hurt sentiments alone cannot constitute mischief under criminal law, court observed.

The Kerala High Court recently quashed criminal proceedings against a law student who had placed sunglasses and a Christmas wreath on a statue of Mahatma Gandhi during holiday celebrations at his college, holding that while the act may have been in bad taste, it was not illegal under existing law.

The bench of Justice VG Arun observed that the conduct was “undoubtedly immoral" but stressed that criminal liability cannot arise unless a law specifically prohibits such behaviour. The court said the student’s action did not satisfy the legal requirements to constitute offences under Sections 153 (provoking with intent to cause riot) and 426 (mischief) of the Indian Penal Code.

On December 21, 2023, the student, Adeen Naza, placed a pair of sunglasses and a Christmas wreath around the Gandhi statue located on the campus of Bharata Mata School of Legal Studies, Ernakulam. He also allegedly remarked that “Gandhi is long dead", and a video of the act was circulated in a student WhatsApp group. The college took disciplinary action, suspending him for five days and imposing a fine of Rs 5,000, which he deposited with the Kerala State Legal Services Authority.

Following complaints from students, the police registered a case against Nazar under Sections 153 and 426 IPC. Challenging the prosecution, Nazar argued that there was no legal basis for criminal action, especially in the absence of any damage to public property or specific law penalising such conduct.

The court accepted the argument. It noted that even the Prevention of Insults to National Honour Act, 1971, does not include provisions relating to statues or images of national leaders. “All immoral acts are not illegal acts," the judge wrote, invoking the legal maxim nullum crimen sine lege — no crime without law.

On the mischief charge under Section 426 IPC, the court ruled that the basic ingredients were not met. There was no evidence that the student intended to, or actually did, cause damage or loss to public property. Hurt sentiments alone cannot constitute mischief under criminal law, court observed.

The court further rejected the prosecution’s argument that the act had triggered unrest on campus, noting that such consequences do not, by themselves, criminalise conduct that is not otherwise prohibited by law.

Emphasising the importance of upholding constitutional duties while exercising fundamental rights, the court nonetheless ruled that the student’s act, though disrespectful, did not amount to a punishable offence. With this, the court quashed the FIR, final report, and all proceedings before the Judicial Magistrate, Aluva.

Salil Tiwari

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...Read More

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...

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Location :

Kerala, India, India

First Published:

August 06, 2025, 13:58 IST

News india Putting Christmas Decorations On Gandhi Statue Not A Crime, Says Kerala High Court

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