Government set to bring Bill making insult to Vande Mataram a criminal offence
A Bill was listed for introduction in the Rajya Sabha during the Monsoon Session to amend the Prevention of Insults to National Honour Act, 1971, making insult to or obstruction of the singing of "Vande Mataram" a criminal offence
The Bill proposes to extend to the National Song, "Vande Mataram," the same statutory protection that the 1971 Act already gives to the National Anthem, "Jana Gana Mana"
The proposed offence carries a maximum punishment of imprisonment for up to three years, mirroring the existing penalty structure under the 1971 Act for insults to the flag, Constitution and anthem
The Bill's introduction coincides with the 150th anniversary of the composition of "Vande Mataram" by Bankim Chandra Chattopadhyay in 1876
Prevention of Insults to National Honour Act, 1971
This 1971 Act (Act No. 69 of 1971) is the primary statute penalising disrespect to India's national symbols. Section 2 criminalises insult to the National Flag or the Constitution; Section 3 criminalises intentionally preventing the singing of the National Anthem or disturbing an assembly engaged in singing it; Section 3A, inserted by a 2003 amendment, prescribes an enhanced penalty for repeat offenders. The Act currently does not name the National Song, "Vande Mataram," as a protected symbol.
Key Details
- Section 2 (Flag/Constitution) and Section 3 (National Anthem) both prescribe imprisonment up to three years, or fine, or both
- Section 3A (2003 amendment) mandates an enhanced penalty of one to five years' imprisonment plus fine for a second or subsequent conviction under Sections 2 or 3
- The Act's original 1971 text protects the Flag, the Constitution and the National Anthem, but not the National Song
- The new Bill would insert parallel provisions bringing "Vande Mataram" under the same protective and penal framework
Because the 1971 Act protects the anthem but is silent on the National Song, the government is using an ordinary amending Bill — rather than a constitutional amendment — to close this gap and criminalise insult to "Vande Mataram."
Constitutional Status of "Vande Mataram" as National Song
Unlike the National Anthem, the National Song has no direct textual mention in the Constitution of India. Its status derives from a statement made in the Constituent Assembly on 24 January 1950, when President Rajendra Prasad announced that "Jana Gana Mana" would be the National Anthem while "Vande Mataram," for its historic role in the freedom struggle, would be honoured with "equal status." "Vande Mataram" itself was composed by Bankim Chandra Chattopadhyay in 1876 and later included in his 1882 Bengali novel, Anandamath.
Key Details
- Composed 1876; published as part of the novel Anandamath in 1882
- The Indian National Congress, in 1937, adopted only the first two stanzas as the National Song, after concerns were raised that the later stanzas' imagery was not seen as inclusive of all communities in the freedom movement
- The Constituent Assembly's 24 January 1950 statement is the historical basis for "Vande Mataram's" status as National Song, distinct from the Constitution's express text
- 2026 marks the 150th anniversary of its composition
Because the National Song's status rests on a historical Constituent Assembly statement rather than constitutional text, statutory protection for it — like the protection already given to the anthem — is being introduced through ordinary legislation.
Freedom of Speech and Expression — Article 19 and Compelled Expression
Article 19(1)(a) guarantees freedom of speech and expression, subject to reasonable restrictions under Article 19(2) on grounds including sovereignty and integrity of India, security of the State, public order, decency or morality, contempt of court, defamation and incitement to an offence. Courts have distinguished between criminalising active disrespect or disruption of national symbols and compelling individuals to actively participate in displays of reverence toward them.
Key Details
- In Bijoe Emmanuel v. State of Kerala (1986) 3 SCC 615, the Supreme Court held that expelling schoolchildren for not singing the National Anthem — while they stood respectfully out of religious conviction as Jehovah's Witnesses — violated their rights under Article 19(1)(a) and Article 25 (freedom of religion)
- The Court held that no law obliges citizens to sing the Anthem; the 1971 Act's Section 3 penalises disrupting others' singing, not an individual's own non-participation
- Article 19(2) restrictions on speech do not include an express "insult to national symbols" ground, though such offences have generally been justified under public order
The distinction the courts have drawn — between prohibiting active disruption/disrespect of a national symbol and compelling personal participation in its veneration — is likely to remain the interpretive framework courts apply to any new offence created for "Vande Mataram."
- "Vande Mataram" composed by Bankim Chandra Chattopadhyay in 1876; published in the novel Anandamath in 1882
- Indian National Congress adopted the first two stanzas as the National Song in 1937
- Constituent Assembly President Rajendra Prasad's statement of 24 January 1950 gave "Vande Mataram" status equal to the National Anthem
- Prevention of Insults to National Honour Act, 1971 (Act No. 69 of 1971): Section 2 (Flag/Constitution), Section 3 (Anthem), Section 3A (2003 amendment, enhanced repeat-offence penalty)
- Existing and proposed maximum penalty: imprisonment up to three years, or fine, or both
- 2026 marks the 150th anniversary of the composition of "Vande Mataram"