Can Insulting or Refusing to Sing Vande Mataram Become Punishable?
150th Anniversary of a National Symbol
Indiadailyupdate.com – India is commemorating the 150th anniversary of its national song, Vande Mataram, with a year-long celebration starting November 7, 2025, and concluding on the same date in 2026. The song, penned by Bankim Chandra Chatterjee, has sparked renewed discussions about its legal status and role in national identity.
Proposed Legal Amendments
During the Rajya Sabha’s Monsoon session, the government plans to introduce the Prevention of Insults to National Honour (Amendment) Bill in 2026. This legislation seeks to grant the national song statutory recognition and penalties for acts of disrespect, such as refusing to sing it or using it as a target for ridicule.
Historical Context and Constitutional Basis
When the national anthem Jana Gana Mana was officially adopted on January 24, 1950, the Constituent Assembly’s President noted that Vande Mataram “shall be honoured equally with Jana Gana Mana and shall have equal status with it.” However, no formal resolution was passed to designate it as a national song.
Secularism and the Dropped Stanza
“It shall be the duty of every citizen of India—(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.”
The 1971 Prevention of Insults to National Honour Act focuses solely on the National Anthem, expanding Article 51A(a) of the Fundamental Duties. Section 3 of the Act limits penal protection to the anthem, excluding Vande Mataram from its scope.
Government’s New Mandate
In February 2026, the Ministry of Home Affairs issued an order requiring all six stanzas of Vande Mataram—including the last four lines—to be performed at every official function. These lines, which were removed by Jawaharlal Nehru’s government in 1937 to promote secularism, feature Hindu imagery and references to deities.
Constitutional Concerns
While the bill can be amended by a simple parliamentary majority, critics argue this could infringe on Articles 14, 19(1)(a), 21, and 25. These provisions protect freedoms of speech, conscience, and religion, which might be curtailed if the law restricts the use of Vande Mataram in a way perceived as discriminatory.
