Prevention of Insults to National Honour (Amendment) Bill, 2026 Seeks Equal Statutory Protection for National Song 'Vande Mataram'

Recent Developments:

• The Prevention of Insults to National Honour (Amendment) Bill, 2026 is proposed to be introduced during the Monsoon Session of Parliament.
• The Bill seeks to amend the Prevention of Insults to National Honour Act, 1971 by extending the same statutory protection available to the National Anthem, "Jana Gana Mana", to the National Song, "Vande Mataram".
• If enacted, intentional obstruction, prevention, or disturbance during the singing of Vande Mataram would become a punishable offence carrying imprisonment up to 3 years, fine, or both, similar to the existing provision for the National Anthem.

Background of the National Song:

Historical Evolution:

• Vande Mataram was composed by Bankim Chandra Chatterjee.
• The song was first published in 1875 and later included in the novel Anandamath (1882).
• Vande Mataram became one of the most influential patriotic songs during India's freedom movement.
• On 24 January 1950, the Constituent Assembly accorded Vande Mataram the status of the National Song, while Jana Gana Mana was adopted as the National Anthem.

Difference Between National Anthem and National Song:

• The National Anthem enjoys explicit statutory protection under the Prevention of Insults to National Honour Act, 1971.
• The National Song has traditionally been governed through executive guidelines rather than penal legislation.
• The proposed amendment seeks to remove this statutory distinction by extending similar legal protection to the National Song.

Key Provisions of the Proposed Bill:

Extension of Statutory Protection:

• The Bill proposes to include Vande Mataram within the ambit of Section 3 of the Prevention of Insults to National Honour Act, 1971.
• Any person who intentionally prevents, obstructs, or causes disturbance during the singing of the National Song may be prosecuted.

Punishment:

• The offence would be punishable with:
• Imprisonment up to 3 years.
• Fine.
• Both imprisonment and fine, depending upon the circumstances.

Legislative Objective:

• The amendment seeks to provide equal statutory respect to the National Song and reinforce respect towards India's national symbols.

Existing Legal Framework:

Prevention of Insults to National Honour Act, 1971:

• The Act protects important national symbols against intentional insult.
• The Act presently covers:
• National Flag.
• Constitution of India.
• National Anthem.
• Section 3 criminalises intentional prevention of the singing of the National Anthem or causing disturbance during its rendition.

Ministry of Home Affairs Guidelines on National Song:

• The Ministry of Home Affairs (MHA) has issued executive guidelines regarding the National Song.
• The guidelines:
• Specify the authorised lyrics of Vande Mataram.
• Prescribe occasions for its rendition, including National Flag unfurling, ceremonial functions, and cultural events.
• Require people to stand to attention during the official rendition.
• Encourage community singing in educational institutions.
• These guidelines presently carry no penal consequences for non-compliance.

Constitutional Dimensions:

Fundamental Duties:

• Article 51A(a) imposes a Fundamental Duty upon every citizen to abide by the Constitution and respect its ideals, institutions, the National Flag and the National Anthem.
• The Constitution does not expressly mention the National Song under Fundamental Duties.

Fundamental Rights Involved:

• Article 19(1)(a) guarantees Freedom of Speech and Expression.
• Article 25(1) guarantees Freedom of Conscience and Freedom of Religion.
• Any future implementation of the amendment is likely to be examined in the light of these constitutional guarantees.

Important Judicial Pronouncements:

Bijoe Emmanuel v. State of Kerala (1986):

• Three students belonging to the Jehovah's Witnesses community respectfully stood during the National Anthem but declined to sing it due to their religious beliefs.
• The Supreme Court held that:
• Respectful silence does not amount to disrespect.
• There is no legal obligation to sing the National Anthem.
• Expulsion from school violated Article 19(1)(a) and Article 25(1).
• The judgment reaffirmed the constitutional principles of religious freedom, individual liberty, and tolerance.

Salman v. State of Kerala (2014):

• The Kerala High Court held that intentionally creating noise, obstruction, or disturbance during the singing of the National Anthem may attract liability under Section 3 of the 1971 Act.
• The Court observed that whether an act amounts to disturbance depends upon the facts and requires proper investigation.

Recent Supreme Court Observation:

• The Supreme Court declined to entertain a challenge against the MHA advisory relating to Vande Mataram, describing the petition as premature.
• The Court noted that the executive guidelines were advisory and did not impose any penal consequences.
• The proposed amendment may alter this legal position by introducing statutory penalties.

Significance of the Amendment:

National Integration, Constitutional Symbolism:

• The amendment seeks to strengthen respect for national symbols.
• The proposal attempts to place the National Song on a statutory footing comparable to the National Anthem.
• The amendment reflects the State's emphasis on promoting constitutional patriotism and national unity.

Legal Implications:

• The amendment expands the scope of criminal liability under the 1971 Act.
• Courts may subsequently interpret the meaning of intentional obstruction and disturbance in relation to the National Song.
• Future judicial scrutiny is likely to balance national honour with Fundamental Rights guaranteed under the Constitution.

Issues and Constitutional Debate:

Supporting Arguments:

• Equal legal protection may strengthen respect for important national symbols.
• Statutory recognition may remove the existing legal distinction between the National Anthem and the National Song.
• The amendment may discourage deliberate acts intended to insult or disrupt national ceremonies.

Concerns Raised:

• The amendment may generate questions regarding the scope of Freedom of Speech and Expression.
• The law may require careful interpretation to ensure that respectful silence is not equated with criminal misconduct.
• The principles laid down in Bijoe Emmanuel are likely to remain important while interpreting the amended law.

UPSC Value Addition:

Relevant Constitutional Articles:

• Article 19(1)(a) — Freedom of Speech and Expression.
• Article 25(1) — Freedom of Conscience and Freedom of Religion.
• Article 51A(a) — Fundamental Duty to respect the Constitution, National Flag and National Anthem.

Important Acts:

• Prevention of Insults to National Honour Act, 1971.
• State Emblem of India (Prohibition of Improper Use) Act, 2005.

Important Cases:

• Bijoe Emmanuel v. State of Kerala (1986).
• Salman v. State of Kerala (2014)