Syllabus: GS2/Polity and Governance
Context
- Parliament has passed the Prevention of Insults to National Honour (Amendment) Bill, 2026, extending the same legal protection currently available to the National Anthem (Jana Gana Mana) to the National Song (Vande Mataram).
Key Highlights
- The Bill amends Section 3 of the Prevention of Insults to National Honour Act, 1971.
- It makes it an offence to:
- intentionally prevent the singing of Vande Mataram; or
- disturb an assembly engaged in singing it.
- The punishment remains unchanged: imprisonment up to 3 years, or fine, or both.
- The enhanced punishment under Section 3A for repeat offenders will also apply.
Why was the Amendment Proposed?
- Although Dr. Rajendra Prasad, while addressing the Constituent Assembly on 24 January 1950, stated that Vande Mataram should be honoured equally with Jana Gana Mana, the Prevention of Insults to National Honour Act, 1971 provided statutory protection only to the National Anthem, creating a legislative gap that the Amendment seeks to address.
The Prevention of Insults to National Honour Act, 1971
- Enacted on 23rd December 1971, the Act extends to the whole of India and provides statutory protection to the Indian National Flag, the Constitution of India and the Indian National Anthem, Jana Gana Mana.
- Key Provisions of the Existing Act:
- Section 2 – National Flag and Constitution: Deals with insults to the Indian National Flag and the Constitution of India. It stipulates that anyone who burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon, or otherwise shows disrespect to the Flag or the Constitution in a public place can face imprisonment for up to three years, a fine, or both.
- Lawful criticism protected: Comments criticising the Constitution, the National Flag or government measures, when made with a view to securing lawful amendment or alteration, do not constitute an offence under Section 2.
- Section 3 – National Anthem: Specifically addresses the National Anthem. It states that anyone who intentionally prevents the singing of the Indian National Anthem or causes a disturbance to any assembly engaged in singing it shall be punished with imprisonment extending up to three years, or a fine, or both.
- Section 3A – Repeat offences: Added by a 2003 amendment, this section enforces an enhanced minimum penalty of one year of imprisonment for second and subsequent convictions under Sections 2 or 3.
Vande Mataram
- Vande Mataram meaning “Mother, I Bow to Thee” was written by Bankim Chandra Chatterjee and was first published in Bangadarshan on 7 November 1875.
- It was later incorporated into his novel Anandamath (1882), and set to music by Rabindranath Tagore.
- The song became a unifying symbol of Indian nationalism and freedom struggle, inspiring movements such as the Swadeshi Movement (1905) and serving as a rallying cry against British rule.
- The words ‘Vande Mataram’ were displayed by Madam Bhikaji Cama on the first Indian tricolour unfurled abroad (1907) and invoked by many revolutionaries including Madan Lal Dhingra as a patriotic slogan.
Source: PIB
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