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.