Why in News?

  • The Prevention of Insults to National Honour (Amendment) Bill, 2026 was introduced to amend Section 3 of the Prevention of Insults to National Honour Act, 1971.
  • The Bill extends the same legal protection available to the National Anthem (Jana Gana Mana) to the National Song (Vande Mataram).
  • It makes it an offence to intentionally prevent the singing of Vande Mataram or disturb an assembly engaged in its singing.

WHY WAS THE AMENDMENT PROPOSED?

  • The 1971 Act already provides legal protection to the National Anthem by criminalising intentional obstruction or disturbance during its singing.
  • During the Constituent Assembly meeting on 24 January 1950, Rajendra Prasad stated that Vande Mataram should be honoured equally with Jana Gana Mana.
  • However, no specific legal provision existed to provide similar statutory protection to the National Song.
  • The amendment seeks to remove this legal gap.

KEY PROVISIONS

Amendment to Section 3
  • Expands Section 3 to cover both:
    • National Anthem (Jana Gana Mana)
    • National Song (Vande Mataram)
Prohibited Acts A person commits an offence if he/she intentionally:
  • Prevents the singing of:
    • National Anthem, or
    • National Song
  • Causes disturbance to an assembly engaged in singing either of them.
Short Title
  • The amended law shall be known as the Prevention of Insults to National Honour (Amendment) Act, 2026.

KEY CHANGES INTRODUCED

Provision 1971 Act 2026 Amendment
Scope of Protection Applied only to the National Anthem. Extends protection to both the National Anthem and the National Song.
Prohibited Conduct Preventing or disturbing the singing of the National Anthem. Preventing or disturbing the singing of the National Anthem or the National Song.
Punishment Imprisonment up to 3 years, or fine, or both. No change in punishment.
Repeat Offenders Minimum 1-year imprisonment for second or subsequent offences under Sections 2 or 3 (Section 3A). Same enhanced punishment now also applies to offences involving Vande Mataram.

ABOUT VANDE MATRAM

About
  • Vande Mataram means "Mother, I Bow to Thee."
  • Composed by Bankim Chandra Chatterjee.
Publication
  • First published in Bangadarshan on 7 November 1875.
  • Later included in the novel Anandamath (1882).
Musical Adaptation
  • Set to music by Rabindranath Tagore.
  • First sung at the 1896 Indian National Congress Session in Calcutta.
Role in Freedom Movement
  • Became a powerful symbol of India's freedom struggle.
  • First used as a political slogan during the Swadeshi Movement on 7 August 1905.
Constituent Assembly Recognition
  • On 24 January 1950, Rajendra Prasad stated that Vande Mataram should be honoured equally with Jana Gana Mana.

PREVENTION OF INSULTS TO NATIONAL HONOURS ACT, 1971

About
  • Enacted on 23 December 1971.
  • Extends to the whole of India.
  • Provides statutory protection to:
    • National Flag
    • Constitution of India
    • National Anthem
Section 2 – National Flag and Constitution
  • Punishes anyone who publicly:
    • Burns
    • Defaces
    • Defiles
    • Destroys
    • Mutilates
    • Tramples upon
    • Shows disrespect to the National Flag or Constitution.
  • Punishment:
    • Imprisonment up to 3 years, or
    • Fine, or
Lawful Criticism
  • Legitimate criticism aimed at securing lawful amendment of the Constitution, National Flag, or government measures does not constitute an offence.
Section 3 – National Anthem
  • Punishes intentional prevention of the singing of the National Anthem or causing disturbance during its singing.
  • Punishment:
    • Imprisonment up to 3 years, or
    • Fine, or
Section 3A – Repeat Offences
  • Inserted through the 2003 Amendment.
  • Provides minimum one-year imprisonment for second and subsequent convictions under Sections 2 or 3.
  • Following the 2026 Amendment, the same enhanced punishment also applies to repeat offences involving the National Song (Vande Mataram).