The Rajya Sabha cleared the Prevention of Insults to National Honour (Amendment) Bill, 2026, via a voice vote. The legislation expands the original 1971 Act to accord the national song, ‘Vande Mataram’, the same statutory protection as the national anthem (‘Jana Gana Mana’), the National Flag, and the Indian Constitution.
The bill arrives amidst nationwide year-long commemorations marking the 150th anniversary of the composition of ‘Vande Mataram’ by Bankim Chandra Chattopadhyay.
Key Legislative Provisions
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Equal Legal Footing: The amendment explicitly includes ‘Vande Mataram’ under the purview of the Prevention of Insults to National Honour Act, 1971.
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Criminal Offence: Intentionally preventing or obstructing the singing of ‘Vande Mataram’, causing disturbance to an assembly engaged in its performance, or showing deliberate disrespect is now a criminal offence.
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Penalties: Violators face imprisonment for a term of up to three years, a fine, or both.
Parliamentary Proceedings & Opposition Response
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Government’s Stance: MoS Nityanand Rai defended the bill, asserting that ‘Vande Mataram’ was the rallying cry for countless freedom fighters and is essential for the spirit of “Ek Bharat, Shreshta Bharat”.
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Constitutional Concerns: Opposition leaders (including CPI(M) MP John Brittas and AAP MP Sanjay Singh) raised concerns that criminalizing non-participation could encroach upon fundamental rights guaranteed under Articles 19, 21, and 25 of the Constitution (freedom of speech, liberty, and conscience).
