New Delhi: The Central Government has introduced the Prevention of Insults to National Honour (Amendment) Bill, 2026, seeking to extend the same legal protection to the National Song, ‘Vande Mataram’, that is currently available to the National Anthem, ‘Jana Gana Mana’, under the Prevention of Insults to National Honour Act, 1971.
The proposed legislation amends Section 3 of the 1971 Act to make it a punishable offence to intentionally prevent the singing of ‘Vande Mataram’ or cause a disturbance to any assembly engaged in its singing, in the same manner as the existing legal provisions relating to the National Anthem.
Rationale Behind the Amendment
According to the Statement of Objects and Reasons, the existing law provides statutory protection to the National Anthem by making it a criminal offence to deliberately obstruct its singing or disrupt any gathering engaged in singing it. However, no similar legal protection currently exists for the National Song.
The Bill recalls the proceedings of the Constituent Assembly on January 24, 1950, when its President, Dr. Rajendra Prasad, acknowledged the historic role played by ‘Vande Mataram’ during India’s freedom struggle and stated that it should be honoured equally with ‘Jana Gana Mana’ and accorded equal status.
The amendment seeks to address this legal gap by bringing ‘Vande Mataram’ within the ambit of Section 3 of the Act.
Key Provisions of the Bill
Under the proposed amendment:
- Section 3 will be substituted to cover both the National Anthem (‘Jana Gana Mana’) and the National Song (‘Vande Mataram’).
- It will become an offence if a person intentionally:
- Prevents the singing of the National Anthem or the National Song; or
- Causes disturbance to any assembly engaged in singing either of them.
- The law will be known as the Prevention of Insults to National Honour (Amendment) Act, 2026.
Punishment Remains Unchanged
The Bill does not propose any change in the existing punishment. A person found guilty under Section 3 can continue to face:
- Imprisonment of up to three years, or
- Fine, or
- Both.
Further, the enhanced penalty introduced through Section 3A in 2003 will continue to apply. Any person convicted for a second or subsequent offence under Sections 2 or 3 will be liable to a minimum imprisonment of one year. With the amendment, this enhanced punishment will also apply to repeat offenders who intentionally disrupt the singing of ‘Vande Mataram’.
Historical Significance of ‘Vande Mataram’
The Bill also highlights the historical importance of ‘Vande Mataram’ in India’s freedom movement.
Composed by Bankim Chandra Chatterjee, the song, meaning “Mother, I Bow to Thee,” was first published in the literary journal Bangadarshan on November 7, 1875, and later included in his novel Anandamath in 1882.
Rabindranath Tagore set the song to music and first sang it at the 1896 session of the Indian National Congress in Calcutta. It later emerged as one of the most powerful symbols of the Indian freedom movement and was first used as a political slogan during the Swadeshi Movement on August 7, 1905.
Existing Provisions of the 1971 Act
The Prevention of Insults to National Honour Act, 1971, enacted on December 23, 1971, extends to the entire country and provides legal protection to the National Flag, the Constitution of India, and the National Anthem.
- Section 2 penalises acts of disrespect towards the National Flag and the Constitution, including burning, mutilating, defacing or otherwise insulting them in public.
- The Act clarifies that lawful criticism of the Constitution, National Flag or government policies with the objective of seeking legal amendments does not constitute an offence.
- Section 3 currently deals with preventing or disrupting the singing of the National Anthem.
- Section 3A, inserted through the 2003 amendment, prescribes a mandatory minimum imprisonment of one year for repeat convictions under Sections 2 or 3.
If enacted, the Prevention of Insults to National Honour (Amendment) Bill, 2026 will place the National Song ‘Vande Mataram’ under the same legal protection as the National Anthem, reflecting the government’s objective of according both national symbols equal statutory respect.