President Droupadi Murmu has granted assent to the Prevention of Insults to National Honour (Amendment) Bill, 2026, making it law. The amendment brings Vande Mataram, India’s national song, under the same criminal protection that has long shielded Jana Gana Mana, the national anthem, under the Prevention of Insults to National Honour Act, 1971. Anyone who intentionally prevents or disrupts the singing of Vande Mataram now faces imprisonment of up to three years, a fine, or both.
What Changes in the 2026 Amendment?
The Prevention of Insults to National Honour (Amendment) Bill, 2026 substitutes the existing Section 3 of the parent Act. The old text of Section 3 applied only to the national anthem. The new text now reads:
“Whoever, intentionally prevents the singing of the National Anthem or the National Song, or causes disturbance to any assembly engaged in such singing, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.”
In effect, the amendment makes two specific acts criminal offences in relation to the national song for the first time:
- Intentionally preventing the singing of Vande Mataram.
- Causing disturbance to any assembly engaged in singing it.
The penalties mirror those already in force for the national anthem. A first-time conviction carries a maximum sentence of three years imprisonment, a fine, or both. Under Section 3A of the Act, introduced through an amendment in 2003, repeat offenders face a mandatory minimum imprisonment of one year.
Comparative Analysis: 1971 Act vs. 2026 Amendment
| Feature | Original Act (1971) | 2026 Amendment |
|---|---|---|
| Scope of Protection (Section 3) | Limited to the National Anthem (Jana Gana Mana) | Extends to both the National Anthem and the National Song (Vande Mataram) |
| Prohibited Conduct | Intentionally preventing the singing of the National Anthem or causing disturbance during its rendition | Intentionally preventing or disturbing the singing of either the National Anthem or the National Song |
| First-Offence Punishment | Up to 3 years imprisonment, fine, or both | Unchanged |
| Repeat Convictions (Section 3A) | Minimum 1 year imprisonment | Same minimum applies to offences involving Vande Mataram |
| Legal Status of Vande Mataram | No statutory protection | Receives statutory protection on par with the National Anthem |
The Prevention of Insults to National Honour Act, 1971
The parent Act, officially numbered Act No. 69 of 1971, was enacted on 23 December 1971. It extends to the whole of India and provides statutory protection to three national symbols: the Indian National Flag, the Constitution of India, and the National Anthem. The 2026 amendment adds the national song to this protective framework.
Section 2: Protection of the Flag and Constitution
Section 2 of the Act penalises any person who intentionally burns, defaces, defiles, destroys, disfigures, mutilates, tramples upon, or shows disrespect to the National Flag or the Constitution of India. The punishment is imprisonment of up to three years, a fine, or both.
The Act includes an important safeguard: lawful criticism aimed at bringing about constitutional amendment or policy change does not constitute an offence under this section.
Section 3: Protection of the National Anthem (and Now the National Song)
Section 3 previously criminalised only two conduct towards the National Anthem: intentionally preventing its singing, and causing disturbance to any assembly engaged in singing it. The 2026 amendment now applies identical protections to Vande Mataram.
Section 3A, inserted through the Prevention of Insults to National Honour (Amendment) Act, 2003, provides for enhanced penalties for repeat offenders. A person convicted for a second or subsequent offence under Section 2 or Section 3 faces a mandatory minimum imprisonment of one year. With the 2026 amendment, this enhanced penalty now also applies to repeat offences involving the national song.
Vande Mataram: India’s National Song
Vande Mataram, meaning “Mother, I Bow to Thee”, was composed by Bankim Chandra Chattopadhyay in Sanskritised Bengali. It was first published on 7 November 1875 in the literary journal Bangadarshan and later included in his novel Anandamath, published in 1882. The song was later set to music by Rabindranath Tagore.
Role in the Freedom Movement
Vande Mataram became the rallying cry of the Indian nationalist movement during the late 19th and early 20th centuries. On 7 August 1905, during the Anti-Partition Movement in Bengal, nearly 40,000 people sang it at Calcutta Town Hall, making it the principal slogan of the Swadeshi Movement. The British authorities banned public singing of the song and arrested those who chanted it.
In 1896, Rabindranath Tagore first performed Vande Mataram at the Calcutta Session of the Indian National Congress, with music he had composed for it. The song became a regular feature of Congress sessions and grew into the most powerful symbol of anti-colonial resistance.
The nationalist newspaper Bande Mataram, launched in 1906 under the leadership of Bipin Chandra Pal and Sri Aurobindo, played a major role in the nationalist awakening. Madam Bhikaji Cama displayed the slogan on India’s flag at the Stuttgart International Socialist Congress in 1907.
The 1937 Decision on Stanzas
The full poem of Vande Mataram contains six stanzas with strong religious imagery, invoking the goddesses Durga and Lakshmi. At its session in Lucknow in 1937, the Muslim League objected to the song’s widespread use, calling it “anti-Islamic and idolatrous”. The Congress Working Committee, under the presidentship of Jawaharlal Nehru, adopted a resolution on 26 October 1937 stating that only the first two stanzas should be sung at national gatherings, with organisers free to include other songs alongside it.
Mahatma Gandhi acknowledged that Vande Mataram had “gripped and enthralled” him, but he cautioned against imposing it, stating that every act of singing must be “purely voluntary on the part of either partner.”
The Constituent Assembly Declaration of 1950
On 24 January 1950, the eve of India becoming a republic, the Constituent Assembly met under the presidency of Dr Rajendra Prasad. At this session, Jana Gana Mana was adopted as the National Anthem. Dr Prasad also declared that Vande Mataram, composed by Bankim Chandra Chattopadhyay and which had played a historic role in the Indian freedom struggle, “shall be honoured equally with Jana Gana Mana and shall have equal status with it.”
This declaration was a pivotal moment, yet it was never incorporated into the Constitution as a formal provision. The Constitution, under Article 51A(a), lists the Fundamental Duty to respect the Constitution, the National Flag, and the National Anthem, but it does not explicitly mention the National Song.
The Legal Gap
Despite Dr Prasad’s declaration and the ceremonial respect the national song received under Ministry of Home Affairs (MHA) protocol, the Prevention of Insults to National Honour Act, 1971, when enacted, provided statutory criminal protection only to the National Anthem. This created a legislative gap: Vande Mataram, though accorded equal honour in principle, lacked the specific penal safeguards that Jana Gana Mana enjoyed for over five decades. The 2026 amendment closes this gap.
Ministry of Home Affairs Protocol
The Ministry of Home Affairs issues formal protocol on the performance of both the national anthem and the national song. Under the existing MHA directive, when both are performed at official functions, Vande Mataram is played first, followed by Jana Gana Mana.
Standing is required during the official rendition of the song, except when it is played in films, documentaries, or newsreels. The MHA protocol also encourages schools to begin the day with a community singing of Vande Mataram.
In January 2026, ahead of the bill’s introduction, the Home Ministry had already issued a directive to all states and Union Territories instructing them to ensure that Vande Mataram is played or sung at all official functions where the national anthem is performed. The Monsoon Session of Parliament also saw the government emphasise that the full song, all six stanzas, should be sung, consistent with the Constituent Assembly’s original vision of equal honour for both the anthem and the song.
Significance of the Amendment
The amendment carries multiple layers of significance. It formally closes a legislative gap that persisted for over five decades despite the Constituent Assembly’s 1950 declaration of equal status. It aligns the criminal law with the existing MHA protocol and ceremonial practice that already treated the national song with equal respect.
The passage of the bill also came during the 150th anniversary of Vande Mataram’s composition, lending it added symbolic weight. The government framed the amendment as fulfilling the promise made by Dr Rajendra Prasad at the birth of the republic, ensuring that a symbol at the heart of India’s anti-colonial struggle receives the same legal dignity as the national anthem.
The amendment does not criminalise the mere refusal to sing the national song, consistent with the Supreme Court’s ruling in Jolly George Varghese vs. State of Kerala (1986), which held that one cannot be compelled to sing the national anthem unless the refusal stems from insincere motives. What the amendment penalises is the deliberate act of preventing others from singing it or causing disruption during its performance.
Key Takeaways
- The Prevention of Insults to National Honour (Amendment) Act, 2026 amends Section 3 of the Prevention of Insults to National Honour Act, 1971 to extend criminal protection to Vande Mataram on par with the national anthem.
- Intentionally preventing the singing of Vande Mataram or causing disturbance during its rendition is now punishable with imprisonment up to three years, a fine, or both.
- Repeat offenders face a mandatory minimum imprisonment of one year under Section 3A of the parent Act.
- The amendment is based on Dr Rajendra Prasad’s declaration on 24 January 1950 in the Constituent Assembly, where he stated that Vande Mataram shall be honoured equally with Jana Gana Mana.
- Vande Mataram was composed by Bankim Chandra Chattopadhyay, first published in 1875, and later included in his novel Anandamath in 1882. It was set to music by Rabindranath Tagore.
- The Constitution under Article 51A(a) lists respect for the National Anthem as a Fundamental Duty but does not explicitly mention the National Song, creating the legislative gap this amendment addresses.
