The Prevention of Insults to National Honour (Amendment) Bill, 2026, has been passed by the Parliament. Read here to learn more.
Parliament has passed the Prevention of Insults to National Honour (Amendment) Bill, 2026, extending statutory protection to Vande Mataram (National Song) by prescribing penalties for intentionally obstructing or disrespecting its singing.
Prevention of Insults to National Honour (Amendment) Bill, 2026
- Amends the Prevention of Insults to National Honour Act, 1971.
- Brings Vande Mataram under legal protection similar to the National Anthem (Jana Gana Mana).
- Based on the 24 January 1950 Constituent Assembly declaration by Dr Rajendra Prasad, granting equal honour to the National Song.
- Aims to preserve India’s national heritage and freedom movement legacy.
Objective
- To provide statutory protection to Vande Mataram, similar to the protection already available for the National Anthem.
Government’s Rationale
The Bill recalls the statement made by Dr Rajendra Prasad on 24 January 1950, where:
- Jana Gana Mana became the National Anthem.
- Vande Mataram was accorded equal honour because of its historic contribution to India’s freedom struggle.
The amendment seeks to remove the legal gap as the National Song previously had no statutory protection.
Prevention of Insults to National Honour Act, 1971
Section 2
Protects:
- National Flag
- Constitution of India
Prohibits:
- Burning
- Defacing
- Defiling
- Destroying
- Showing disrespect
Punishment:
- Up to 3 years imprisonment
- Fine
- Or both
Exception
- Lawful criticism aimed at constitutional amendment or policy change is not an offence.
Section 3
Protects the National Anthem.
Punishes:
- Preventing its singing
- Disturbing an assembly during its singing
Punishment:
- Up to 3 years imprisonment
- Fine
- Or both
Section 3A (2003 Amendment)
- For repeat offences: Minimum imprisonment of 1 year
What Changes in 2026?
- Earlier: Only Jana Gana Mana had legal protection.
- Now: Vande Mataram receives the same statutory protection.
Vande Mataram
Meaning: “Mother, I Bow to Thee”
Composer: Bankim Chandra Chattopadhyay
- Language: Sanskritised Bengali
Publication
- First published: Bangadarshan on 7 November 1875
- Included in: Anandamath (1882)
Musical Adaptation
- Set to music by Rabindranath Tagore
National Song Status
1937: Congress Working Committee adopted the first two stanzas as the National Song.
24 January 1950: Dr Rajendra Prasad declared-
- Jana Gana Mana– National Anthem
- Vande Mataram– National Song with equal honour
Constitutional Position
The Constitution does not explicitly mention a National Song.
However, Article 51A(a) (Fundamental Duty) mentions-
Every citizen shall respect:
- Constitution
- National Flag
- National Anthem
Though the National Song is not expressly mentioned, official protocol accords it equal respect.
Role in India’s Freedom Struggle
Symbol of Nationalism
Vande Mataram became the rallying slogan of:
- Swadeshi Movement
- Anti-colonial movement
British Suppression
- British authorities banned public singing and arrested those chanting it
Indian National Congress
- In 1896, Rabindranath Tagore first sang Vande Mataram at the Calcutta Session.
- It later became a regular feature of Congress sessions.
Partition of Bengal (1905)
On 7 August 1905, Vande Mataram became the principal slogan of the:
- Swadeshi Movement
- Anti-Partition Movement
Nearly 40,000 people reportedly sang it at Calcutta Town Hall.
Nationalist Press
Bande Mataram (1906) was an English newspaper led by:
- Bipin Chandra Pal
- Sri Aurobindo
Played a major role in the nationalist awakening.
Bande Mataram Sampradaya (1905)
- Promoted patriotic awareness and national unity.
Hyderabad-Karnataka Movement (1938)
- Students defied colonial restrictions by singing Vande Mataram.
- Many faced arrests and expulsions
Global Influence
- Madam Bhikaji Cama displayed the slogan on India’s flag at Stuttgart (1907).
- Madan Lal Dhingra reportedly uttered “Bande Mataram” before execution.
- Nationalist publications bearing the same name circulated internationally.
Ministry of Home Affairs Protocol
Order of Performance
When both are played:
- Vande Mataram
- Jana Gana Mana
Standing
People should stand during the official rendition.
Exceptions are that standing is not mandatory when played in:
- Films
- Documentaries
- Newsreels
Official Functions
Played during:
- Presidential functions
- Governor functions
- Flag ceremonies
- Official cultural programmes
- Presidential broadcasts
Band Performance
Must be preceded by Roll of drums
Schools
Schools are encouraged to:
- Begin the day with a community singing of Vande Mataram.
- Promote respect for both the National Song and the National Anthem.
Constitutional Significance
Article 51A(a)
Fundamental Duty to Respect:
- Constitution
- National Flag
- National Anthem
The MHA protocol extends similar ceremonial respect to the National Song.
Comparative Analysis: Prevention of Insults to National Honour Act, 1971 vs. Amendment Bill, 2026
Feature / Provision |
Original Act (1971) |
Amendment Bill (2026) |
Scope of Protection (Section 3) |
Legal protection was limited to the National Anthem (Jana Gana Mana). |
Extends statutory protection to both the National Anthem (Jana Gana Mana) and the National Song (Vande Mataram). |
Protected National Symbol |
Only the National Anthem was covered under Section 3. |
Both the National Anthem and the National Song are protected against intentional obstruction or disturbance. |
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 |
Imprisonment up to 3 years, or fine, or both. |
No change- Imprisonment up to 3 years, or fine, or both. |
Repeat Convictions (Section 3A) |
Minimum 1 year imprisonment for repeat offences relating to the National Flag or National Anthem. |
Extends the same minimum 1-year imprisonment to repeat offences involving Vande Mataram, in addition to the National Anthem and National Flag. |
Legal Status of Vande Mataram |
No statutory protection under the Act despite its historical significance. |
Receives statutory protection comparable to the National Anthem. |
Legislative Objective |
Protection of the National Flag, Constitution, and National Anthem from insult. |
Bridges the legal gap by recognising the National Song’s historical importance and providing it equal statutory protection. |
Constitutional Basis Cited |
Focused primarily on protecting national symbols under existing law. |
Draws upon Dr Rajendra Prasad’s Constituent Assembly statement (24 January 1950), recognising Vande Mataram as deserving equal honour with Jana Gana Mana. |
Significance of the Amendment
- Recognises Vande Mataram’s historic contribution to the freedom movement.
- Removes the legal distinction between the National Anthem and the National Song regarding protection against intentional disruption.
- Reinforces respect for national symbols.
- Strengthens constitutional patriotism while preserving historical legacy.
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