SYLLABUS
GS-1: Indian Culture – Salient aspects of Art Forms, Literature and Architecture from ancient to modern times.
GS-2: Indian Constitution—Amendments, and Significant Provisions.
Context: President Droupadi Murmu gave assent to the Prevention of Insults to National Honour (Amendment) Bill, 2026, making it a law that extends statutory protection under the Prevention of Insults to National Honour Act, 1971, to the National Song Vande Mataram.
About the Prevention of Insults to National Honour (Amendment) Act, 2026
- Amendment of Section 3: The Act expands Section 3 of the Prevention of Insults to National Honour Act, 1971, to cover both the National Anthem and the National Song.
- Prohibited conduct: It makes it an offence to intentionally prevent the singing of Vande Mataram or cause disturbance to an assembly engaged in its singing.
- Punishment: The offence is punishable with imprisonment for up to three years, or fine, or both, in line with the existing punishment under Section 3 for the National Anthem.
- Repeat convictions: The enhanced penalty under Section 3A remains applicable, under which a second or subsequent conviction attracts a minimum imprisonment of one year.
- Statutory parity: The amendment places Vande Mataram on the same statutory footing as the National Anthem with respect to intentional obstruction or disturbance during its rendition.
About Vande Mataram
- Vande Mataram, meaning “Mother, I Bow to Thee”, was composed by Bankim Chandra Chattopadhyay, first published in Bangadarshan in 1875, and later incorporated into Anandamath in 1882.
- It became a powerful symbol of the freedom struggle and was associated with the Swadeshi Movement of 1905.
- Rabindranath Tagore first sang it at the 1896 session of the Indian National Congress in Calcutta.
- In 1937, the Indian National Congress decided to use only the first two stanzas at official functions because the later stanzas contained devotional references considered exclusionary by some communities.
- On January 24, 1950, Constituent Assembly President Dr. Rajendra Prasad stated that Vande Mataram would be honoured equally with Jana Gana Mana and accorded equal status.
- Unlike the National Anthem, Vande Mataram was not specifically covered under Section 3 of the 1971 Act; the 2026 amendment addresses this gap.
Concerns & Constitutional Issues
- Freedom of Speech and Expression: Criminalisation may raise concerns under Article 19(1)(a) if interpreted to cover peaceful expression or non-participation rather than active disruption.
- Freedom of Religion and Conscience: Article 25 may become relevant where refusal to participate is based on genuine religious beliefs.
- Judicial Precedent: In Bijoe Emmanuel v. State of Kerala (1986), the Supreme Court held that students who respectfully stood during the National Anthem but did not sing it because of genuine religious beliefs could not be compelled to sing it.
- Definitional Ambiguity: Terms such as “intentional prevention” and “disturbance” require careful interpretation to prevent arbitrary enforcement.
- Constitutional Balance: Article 51A(a) requires respect for the National Flag and National Anthem, but enforcement must remain consistent with fundamental rights.
Way Forward
- Provide Legal Clarity: Clearly define “intentional prevention” and “disturbance” to minimise ambiguity.
- Distinguish Disruption from Non-Participation: Implementation should distinguish active obstruction from peaceful refusal to participate, consistent with constitutional principles and judicial precedent.
- Promote Civic Awareness: Public awareness should highlight the historical and cultural significance of Vande Mataram and encourage voluntary respect.
- Maintain Constitutional Balance: National symbols should be protected through legal safeguards, constitutional values and civic education without undermining fundamental freedoms.