India, July 30 -- The Government of India has issued a release:
Feature/Provision
The Prevention of Insults to National Honour Act, 1971 (Original Act)
The Prevention of Insults to National Honour (Amendment) Bill, 2026
Scope of Protection under Section 3
Specific legal protection solely to the Indian National Anthem (Jana Gana Mana).
Expands the scope of Section 3 to include both the National Anthem and the National Song (Vande Mataram).
Prohibited conduct
Penalises whoever intentionally prevents the singing of the Indian National Anthem, or causes disturbance to any assembly engaged in such singing.
Penalises whoever intentionally prevents the singing of the National Anthem or the National Song, or causes disturbance to any assembly engaged in such singing.
Punishment
Imprisonment for a term which may extend to three years, or with fine, or with both.
The punishment remains unchanged.
Repeat convictions
Under Section 3A (added in 2003), anyone convicted a second or subsequent time for an offense under Section 2 or 3 is punishable with imprisonment for a minimum term of one year.
The enhanced penalty of a minimum one-year imprisonment remains in effect. Repeat offenders who intentionally disrupt the singing of Vande Mataram will now also face this mandatory minimum one-year prison sentence.
Vande Mataram: A Melody That Became a Movement
The Prevention of Insults to National Honour (Amendment) Bill, 2026 amends Section 3 of the Prevention of Insults to National Honour Act, 1971. It extends the same legal protection to the National Song, Vande Mataram that is currently afforded to the National Anthem, Jana Gana Mana. The amendment makes it an offence to intentionally prevent the singing of the National Song or to cause a disturbance to an assembly engaged in its singing.
According to the Statement of Objects and Reasons, the 1971 Act safeguards the National Anthem by making it a criminal offense to deliberately stop its singing or to cause disruptions to any group engaged in singing it.
It recalls the Constituent Assembly meeting held on 24th January 1950. At the meeting, its then President, Dr. Rajendra Prasad, highlighted the historic role of Vande Mataram in India's freedom struggle. He stated that it should be honoured equally with Jana Gana Mana and accorded equal status.
However, there was no specific legal provision extending similar protection to the National Song. The Bill addressed this gap. It proposed to include Vande Mataram within Section 3 of the 1971 Act.
(a) prevents the singing of the National Anthem or the National Song; or
(b) causes disturbance to any assembly engaged in such singing.
To contextualise the 2026 Amendment, it is essential to understand the foundation laid by the Prevention of Insults to National Honour Act, 1971. Enacted on 23rd December 1971, the Act extends to the whole of India and provides statutory protection to the Indian National Flag, the Constitution of India and the Indian National Anthem, Jana Gana Mana.
References
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Disclaimer: Curated by HT Syndication.
