INTRODUCTION:
In an important legislative step related to the national symbols of the country, the Rajya Sabha has approved the Prevention of Insults to National Honour (Amendment) Bill, 2026, thereby giving statutory protection to Vande Mataram, the National Song, comparable to the protection afforded to the National Anthem. The Bill amends the Prevention of Insults to National Honour Act, 1971, and makes the wilful prevention or disturbance caused during singing Vande Mataram a punishable offence. The government justified the Bill stating that the amendment would give the National Song the same protection which is already being accorded to Jana Gana Mana.
BACKGROUND:
The Prevention of Insults to National Honour Act, 1971 currently includes protection for the National Flag, Constitution of India and the National Anthem. It makes it a criminal offence to prevent singing of the National Anthem wilfully under Section 3. However, despite aforementioned deficiencies, it did not afford Vande Mataram the same statutory protection as is afforded to the National Anthem under the law.
In order to fill in this legal void, the Union Government introduced the Prevention of Insults to National Honour (Amendment) Bill, 2026 in Rajya Sabha. This Amendment Bill makes the necessary changes in Section 3 of the 1971 Act to include National Song in the ambit of the Act and thus the crime of preventing singing the National Song would now be under the law.
KEY POINTS:
- The Rajya Sabha has passed the bill for extending statutory protection to Vande Mataram in the same nature as the national anthem.
- The proposed bill extends the Prevention of Insults to National Honour Act, 1971 to include Vande Mataram.
- The bill further penalises deliberate stopping or causing disturbance while singing Vande Mataram under Section3 of the Amendment Bill.
- Depending on the facts and relevant circumstances, the penalties could go up to three years of imprisonment, or fine, or both.
ANALYSIS:
The change makes a significant advancement in the application of the Prevention of Insults to National Honour Act, 1971 in that it treats National Song and the National Anthem similarly under the law. While Vande Mataram has been a symbol of virtue since the freedom struggle, it was not included in the Prevention of Insults to National Honour Act, 1971. The proposed Bill seeks to extend that protection to Vande Mataram. Its legal roots lie in the declaration made in the Constituent Assembly on January 24, 1950, where Vande Mataram received the same significance as the National Anthem.
The Bill raises very essential constitutional issues around balancing the respect for national symbols and the constitutional freedom guaranteed under Articles 19 and 25. The Supreme Court, in its judgement in Bijoe Emmanuel vs State of Kerala (1986), observed that one cannot be forced to croon the National Anthem unless his/her refusal is the result of genuine religious beliefs as long as he/she behaves with respect. The proposed amendment has not made mere refusal to sing punishable but it has penalised wilful obstruction of the performance of the national song.
CONCLUSION:
The Rajya Sabha’s passage of the Prevention of Insults to National Honour (Amendment) Bill, 2026 marks an important development in India’s law relating to national symbols. Through it, Vande Mataram, in the same league as the National Anthem, will now find statutory protection from Parliament so as to further cement its historical and cultural significance while fostering respect for national honour.
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WRITTEN BY: SOMSUTA PAUL.
