Protection to National Song - Vande Mataram

The Prevention of Insults to National Honour (Amendment) Bill, 2026 was introduced in the Rajya Sabha on 24 July 2026 during the Monsoon Session. 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).

Key Provisions of the Bill -

The Bill proposes that intentionally preventing the singing of Vande Mataram or causing a disturbance during its rendition will become a criminal offence, just as it is for the National Anthem under Section 3 of the 1971 Act. The offence will be punishable with imprisonment up to three years or fine, or both, while repeated convictions may attract a minimum imprisonment of one year as provided under the parent Act.

Current Legal Position -

Before this amendment, Vande Mataram enjoyed recognition as the National Song but did not have statutory protection against insult or obstruction. Earlier in 2026, the Ministry of Home Affairs (MHA) issued executive guidelines prescribing the authorised lyrics, occasions for singing, the requirement to stand at attention during the official rendition, and recommending community singing in schools. These were advisory instructions and carried no penal consequences.

Supreme Court’s View -

The Supreme Court dismissed a challenge to the MHA guidelines as premature, observing that they were merely advisory and did not compel anyone to sing or impose punishment for non-compliance. After enactment of this bill, the new Bill would introduce statutory penalties for deliberate disruption of the National Song, making the legal position significantly different from that considered by the Court earlier.

Important Judicial Decisions -

In Salman v. State of Kerala (2014), the Kerala High Court held that making loud or contemptuous noise during the National Anthem amounts to a disturbance under Section 3 of the 1971 Act. This interpretation may guide courts if the same provision is extended to Vande Mataram.

In Bijoe Emmanuel v. State of Kerala (1986), the Supreme Court ruled that individuals cannot be compelled to sing the National Anthem if they respectfully stand in silence. The Court held that such compulsion would violate Article 19(1)(a) (freedom of speech and expression) and Article 25(1) (freedom of religion), establishing that respectful silence is not an act of disrespect. These constitutional principles are likely to remain relevant if challenges arise to the proposed law.

Historical Background -

Vande Mataram was composed by Bankim Chandra Chatterjee in Sanskrit on 7 November 1875. It was first published in the journal Bangadarshan and later included in his novel Anandamath (1882). On 24 January 1950, the Constituent Assembly recognised Vande Mataram as the National Song, while Jana Gana Mana was adopted as the National Anthem.

Historically, after Independence, the Jawaharlal Nehru government limited the official rendition to only the first two stanzas to preserve the song’s broad secular acceptability, as the later stanzas contain references to Hindu deities and imagery. However, on 6 February 2026, the Union Ministry of Home Affairs (MHA) issued an order directing that all six stanzas of Vande Mataram be sung or played at official government functions.

150th Anniversary -

The Government has launched a year-long national commemoration marking 150 years of the composition of Vande Mataram, with programmes highlighting its contribution to India’s freedom movement and national identity.

Significance -

The Bill seeks to elevate the legal status of Vande Mataram by granting it statutory protection similar to that of the National Anthem. At the same time, any future implementation will need to balance the protection of national honour with the constitutional guarantees of freedom of expression and freedom of religion, as recognised by the Supreme Court.