VANDE MATARAM AND RIGHT TO DISSENT

News: 2026 amendment to the Prevention of Insults to National Honour Act, 1971 extends criminal-law protection to Vande Mataram (National Song) against intentional prevention or disturbance of its singing.

Key Points

  • Vande Mataram: Composed by Bankim Chandra Chattopadhyay; appears in Anandamath (1882).
  • 1950: Jana Gana Mana became the National Anthem; Vande Mataram was accorded equal honour due to its role in the freedom struggle.
  • 2026 Amendment: Prohibits intentionally preventing or disturbing singing of the National Anthem/National Song.
  • Punishment: Up to 3 years imprisonment, fine, or both.
  • Important: Protection of singing ≠ compulsory participation; the amendment does not mandate singing all six stanzas.

Constitutional Provisions

  • Article 19(1)(a): Freedom of speech and expression, including freedom from compelled expression in appropriate circumstances.
  • Article 25(1): Freedom of conscience and freedom of religion, subject to constitutional restrictions.
  • Article 51A(a): Fundamental duty to respect the Constitution, National Flag and National Anthem.

Bijoe Emmanuel Case, 1986

  • Supreme Court protected three Jehovah's Witness children who respectfully stood during the National Anthem but did not sing due to religious beliefs.
  • Court held that respectful non-participation is not equivalent to disrespect or disruption.
  • Fundamental duties cannot automatically override fundamental rights.