In a unanimous decision rendered on Tuesday, Thailand’s Constitutional Court affirmed that Sections 27 and 45 of the 1954 Military Service Act comply with Articles 26 (paragraph one) and 31 of the constitution.
Penalties for Draft Evasion
Section 45 stipulates imprisonment of up to three years for individuals who evade or resist mandatory military conscription.
Netiwit’s High-Profile Case
Netiwit, aged 29, faces charges for dodging compulsory service through an act of civil disobedience. He refused to join the annual draft lottery in Samut Prakan on April 5, 2024. His legal battle has spotlighted the ongoing national discussion about eliminating mandatory conscription.
Under current rules, all Thai citizens reaching age 21 must register for the draft. Non-volunteers participate in a lottery: a red card requires 1-2 years of service, while a black card provides exemption.
Netiwit contends that the system violates fundamental rights, promotes discrimination, and undermines citizen equality.
Legal Proceedings
Following his refusal, authorities charged Netiwit under Section 45. Prosecutors indicted him in mid-2025, and he secured bail. The trial court wrapped up witness testimonies on September 11, 2025, and referred his constitutional challenge to the higher court. A final trial court verdict is set for November 3 this year.
Ongoing Reform Debate
Tuesday’s ruling solidifies the law’s standing, yet discussions persist on reforming or scrapping compulsory service. The government and military emphasize boosting voluntary enlistments with enhanced pay and benefits. Recent data shows a 22% rise in volunteers compared to last year.
